Terms and Conditions

 

Country Markets Terms and Conditions 

Country Markets is an online marketplace (“Marketplace”) for people who love to sell and shop at Markets. Sellers can list their products and buyers can browse and purchase directly from this website. Country Markets does not hold any of the products. Country Markets is merely the online Marketplace where Sellers can meet their Customers in one easy-to-use location.

Description Of Service

Country Markets provides a web-based platform (the “Site”) to a community of registered users (“Users” or “You”) that allows Users to browse and inquire into the products sold by various Sellers to promote, advertise, market, and sell their goods on the Marketplace (“Services”). Additional Services may be offered by Country Markets from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.

Acceptance Of Terms

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

Modification of Terms

Country Markets reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Services shall constitute your acceptance of the Terms as modified. In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Country Markets. Country Markets reserves the right to suspend or discontinue the availability of the Site and/or any Service at its sole discretion and without prior notice. Country Markets may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.

Registration

As a condition to using Services, you are required to open an account with Country Markets and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Country Market account. Services are available to authorized representatives of legal entities and to individuals who are 18 years old to access the Marketplace. The Services are for use by a) individuals who want to view or purchase products from sellers; and b) entities and individuals that sell prodcuts to consumers.

Country Markets also allows Users to login from various social media platforms. When a User logs into Country Markets  via Facebook, the following information may be collected, but will not be limited to: User’s email address, User’s “About Me” information, User’s birthday, User’s hometown, User’s website, and User’s friend list. Additionally, Country Markets will request to post items on Facebook on behalf of User. Additionally, when a User logs into Country Markets via Google Plus, the following information may collected, but will not be limited to: User’s address, User’s age, User’s birthdate, User’s description, User’s Google Plus display name, User’s email address, User’s first and last name, User’s gender, User’s identifier, User’s Language, User’s phone number, User’s photo URL, User’s profile URL, User’s region, and User’s website URL.

Privacy Policy

Country Markets Privacy Policy is considered part of this Agreement and available on this Site. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound to all Terms of this Agreement, including the Country Markets Privacy Policy, do not use this site or the Country Markets Services.

PayPal Terms 

Country Market utilizes PayPal as the payment gateway for all payments processed on this Site. In order to continue utilizing this Site or its Services, Users must agree to PayPal’s User Agreement. If you do not accept and agree to being bound to all terms of Paypal’s User Agreement, do not use this Site or the Country Market Services.

Relationship

This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Users and Country Markets

Advertisers and Sponsors Disclaimers

The Country Markets Site may contain advertising and sponsorships. Advertisers, sponsors, and Users are responsible for ensuring that posted content is accurate and complies with applicable laws. Country Markets is not responsible for the illegality or any error, inaccuracy, or problem in the content. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY  COUNTRY MARKETS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICES.

User Conduct

All content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such content originates and you acknowledge and agree that you, and not Country Markets, are entirely responsible for all content that you post or otherwise submit to the Site. Country Markets does not control user submitted content and, as such, does not guarantee the accuracy, integrity, validity, or quality of such content. You understand that by using the Site you may be exposed to content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Country Markets. By way of example, and not as a limitation, you agree not to use the Services:

1. To abuse, harass, threaten, impersonate, or intimidate any person;

2. To post or transmit, or cause to be posted or transmitted, any content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

3. For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;

4. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Country Market user;

5. To create or transmit unwanted ‘spam’ to any person or any URL;

6. To create multiple accounts for the purpose of defrauding or harassing any other user;

7. To post copyrighted content or other communications that do not belong to you or, with exception of commenting in blogs or other similar pages, where you may post such content with explicit mention of the author’s name and a link to the source of the content;

8. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without Country Markets express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Country Markets sole discretion, an unreasonable or disproportionately large load on Country Markets infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Country Markets may use to prevent or restrict access to the Site; or

9. To artificially inflate or alter vote counts, blog counts, comments, reviews, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Country Markets at email: sales@countrymarkets.com.au

You are solely responsible for your interactions with other users of the Site. Country Markets reserves the right, but has no obligation, to monitor disputes between you and other users.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any content to the site. By submitting content to the site you are granting Country Markets a worldwide, non-exclusive license to use the content and are representing and warranting to Country Markets that the content is either owned or you are authorized to represent or distribute the content, and that Country Markets is free to publish, distribute, and use the content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of Country Market’s agreement to allow you to use the Services, you agree with Country Markets as follows:

1. You acknowledge that:

1. Any content uploaded to your account must be owned by you;

2. By uploading your photographic, graphic works, or written content to Country Markets you retain full rights to those works that you had prior to uploading;

3. By posting content to the Site you grant to Country Markets a non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content in connection with the Services. This license will exist for the period during which the content is posted on the Site and will automatically terminate upon the removal of the content from the Site;

4. The license granted to Country Markets includes the right to use content fully or partially for promotional reasons and to distribute and redistribute content to other parties, websites, authorized agents, applications, and other entities;

5. Country Markets has the right to modify, alter, and amend photo titles, descriptions, tags, and other accompanying information for any content and the right to submit content to other parties and authorized agents for the purpose of creating tags for content;

6. Country Markets makes no representation or warranty that content posted on the Site will not be unlawfully copied without your consent. Country Markets does not restrict the ability of users and visitors to the Site to make copies of content posted on the Site and Country Markets is not responsible for any content that is unlawfully copied without consent; and

7. Subject to the terms of the foregoing license, ownership or other rights in the content including any intellectual property rights or other proprietary rights associated with the content, are retained by the content owner.

2. You represent and warrant that:

1. You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all content you submit to the site;

2. You have the full and complete authority and right to enter into this agreement and to grant to Country Markets the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Country Markets of the content as contemplated herein; and

3. The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights, or any other right of any person, or violate any law or judicial or governmental order.

3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Country Markets, all of which such rights are hereby expressly and irrevocably waived by you in favor of Country Markets.

Copyright Complaints

Country Markets respects the intellectual property rights of others. It is our policy to respond promptly any claim that content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Country Markets will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Country Markets of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of  sales@countrymarkets.com.au and include in your notice a detailed description of the alleged Infringement sufficient to enable Country Markets to make a reasonable determination. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an Lawyer

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Country Markets has no control over such sites and resources, you acknowledge and agree that Country Markets is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Country Markets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Security

Country Markets is a web-based platform that is available on the World Wide Web. Country Markets and Country Markets.com.au maintain reasonable security measures to assure the confidentiality of User information.

Country Markets enforces secure connection to its countrymarkets.com.au website using HTTPS protocol. Country Markets has also installed SSL certificate on its servers, issued by Let’s Encrypt (letsencrypt.org).

As additional security, strong password requirements are enforced upon the site administrators.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Country Markets, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Country Markets, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the Site, (iii) the use of the Services, by you or any person using your account or Country Markets username and password, (iv) the sale or use of the Marketplace, or (v) any violation of any rights of a third party.

You hereby expressly and irrevocably release and discharge Country Markets, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from any liability arising out of harm or illness due to consuming baked goods, sold on the Country Markets Site. The Sellers that are made available on the Country Markets Site operate independently and have entered into agreements with Country Markets to provide products and services  to you. Additionally, you acknowledge that Sellers are solely responsible for any accuracy of information and Country Markets is not responsible for harm or illness occurring due to misrepresentation, whether purposeful or accidental. The Sellers are required to comply with all laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of goods, including food preparation and safety and menu disclosure. Country Markets does not verify any of the Sellers compliance with applicable laws and cannot be held responsible for any violation thereof. Finally, Country Markets does not guarantee the quality of the products/ goods or food, nor does it guarantee the services provided by the Sellers, including in those cases where the sellers provide the delivery services.

Trademarks

Country Markets, and other Country Markets graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks of Country Markets. Country Markets trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Country Markets The images and icons available in the Country Markets icon pack may be used by partners and third party sites in connection with providing appropriate links to the Country Markets site

Termination

Country Markets may terminate or suspend any and all Services and/or your Country Markets account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Country Markets account, you may simply discontinue using the Services. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

It is your responsibility to remove all content from your account prior to termination. Upon termination of your account, Country Markets will automatically remove all content posted to your account.

WARRANTY DISCLAIMER

YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. COUNTRY MARKETS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COUNTRY MARKETS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. SPECIFICALLY, COUNTRY MARKETS DOES DISCLAIMS ANY LIABILITY ARISING OUT OF ANY ACTIONS OR OMISSIONS ON BEHALF OF ANY SELLERS, USING THIS SITE. ADDITIONALLY, COUNTRY MARKETS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE DUE TO DELAYED DELIVERY, REDUCED PRODUCT QUALITY, OR SCHEDULING ERRORS.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER COUNTRY MARKETS NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. COUNTRY MARKETS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COUNTRY MARKETS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

YOU AND COUNTRY MARKETS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COUNTRY MARKETS AND ALL PARTIES TO ANY SUCH PROCEEDING.