Terms and Conditions

Welcome to www.marketplace.com (“our Web Site”). The MarketPlace Ltd make our Web Site available to you subject to the following Terms and Conditions, which are effective unless and until terminated by The MarketPlace Ltd.

Please read the following Terms and Conditions carefully before using this Web Site, as use of this Web Site is subject to these Terms and Conditions, all applicable laws, and constitutes your acceptance of these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use this Web Site or download material from it.

1.  Content

Our Web Site and the content thereof, including, but not limited to, all text, illustrations, files, images, software, data, logos, button icons, graphics, legends, photos, recipes, technology, music, audio or video clips, and interactive features (collectively, the "Web Site Content") and all intellectual property rights to the same, are owned by The MarketPlace Ltd, our licensors, or both. Additionally, all trademarks, service marks, and trade names that may appear on our Web Site are owned by The MarketPlace Ltd, our licensors, or both. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in our Web Site or any Web Site Content. Any rights not expressly granted in these Terms and Conditions are expressly reserved.

2.  Colours

You acknowledge that actual colours of products appearing on our Web Site depend on your computer monitor. The MarketPlace Ltd has used best efforts to ensure colours in photographs on the Web Site appear as accurately as possible but cannot guarantee that the appearance of colours on our Web Site will be accurate.

3.  Web Site Use

Access to the Web Site including, without limitation, the Web Site Content is provided for your information and personal, non-commercial use only. When using the Web Site, you agree to comply with all applicable laws including, without limitation copyright law. You may access and view the Web Site Content on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or print the content on the Web Site for your personal, internal use only. Your use of the Web Site does not grant to you ownership of any Web Site Content you may access through the Web Site. Our Web Site and the Web Site Content or any portion thereof, may not be distributed, published, reproduced, duplicated, copied, transmitted, disassembled, sold, or otherwise exploited for any commercial purpose unless expressly permitted under these Terms and Conditions or express prior written permission is provided by The MarketPlace Ltd.

4.  Links to Third Party Sites

The MarketPlace Ltd may provide links to third party web sites that are not under the control of The MarketPlace Ltd, for your convenience or reference. You acknowledge and agree that The MarketPlace Ltd has no responsibility for the information, content, products or other material provided by these third party web sites and does not endorse, adopt or make any guarantee as to the accuracy, legality, decency or completeness of any such web sites. Any reliance on the content of a third party Web Site is done at your own risk and you assume all responsibilities resulting from such reliance.

5.  Copyrights

All Web Site Content is owned by The MarketPlace Ltd, our licensors, or both. Use of our Web Site does not confer by implication, estoppel or otherwise, any ownership right or licenses to our Web Site as a whole or to any individual elements of our Web Site. Access to our Web Site does not authorize anyone to use any name, logo, slogan or mark in any manner. All software used on our Web Site is the property of The MarketPlace Ltd or its software suppliers or is used under license from the owner.

6.  Career Listings

Information about career opportunities is provided in the Careers section of our Web Site. All information, features and functions offered in the Careers section is provided as a convenience for job applicants to obtain information for their personal and non-commercial use only. The existence of job postings or other references to employment opportunities in the Careers section of the Web Site is not an offer of employment, does not create a contract of any kind, does not represent or guarantee the availability of position(s) described in the Careers section and does not guarantee that such information is error-free, complete or current.

7.  DISCLAIMER OF WARRANTIES

THIS WEB SITE, THE WEB SITE CONTENT AND ALL INFORMATION ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE TO USE THIS WEB SITE AND ITS CONTENT AT YOUR SOLE RISK. THE MARKETPLACE LTD NEITHER MAKES NOR HAS MADE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF MERCHANTABILITY, OF FITNESS FOR AN ORDINARY, GENERAL OR PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF LACK OF VIRUSES, WITH RESPECT TO THE WEB SITE AND WEB SITE CONTENT, OR ANY OTHER MATTER WHATSOEVER RELATING TO THIS WEB SITE.

8.  LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL THE MARKETPLACE LTD, ITS LICENSORS, ANY OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AGENTS HAVE ANY LIABILITY OF ANY KIND TO ANY CUSTOMER OR ANY OTHER PERSON FOR: (A) INDEMNITY; (B) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT LOSSES OR DAMAGES (EVEN IF THE MARKETPLACE LTD, ITS LICENSORS, ANY OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE); OR (C)ANY OTHER LOSSES, DAMAGES OR INJURIES OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INJURY TO ANY PERSON OR ANY PROPERTY; RESULTING FROM OR ARISING OUT OF (1) ANY ACT OR OMISSION OF ANY KIND HEREUNDER BY CUSTOMER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY SUCH ACT OR OMISSION THAT VIOLATES ANY APPLICABLE LAW; (2) ANY ACCESS TO USE BY CUSTOMER OR ANY OTHER PERSON OF THE MARKETPLACE LTD WEB SITE AND THE WEB SITE CONTENT; (3)ANY PERFORMANCE OR NONPERFORMANCE BY THE MARKETPLACE LTD OF ANY OF ITS DUTIES HEREUNDER AND (4)ANY UNAUTHORIZED USE OF THE WEB SITE AND THE WEB SITE CONTENT BY ANY PERSON OTHER THAN CUSTOMER OR ITS WEB SITE USERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL THE MARKETPLACE LTD AGGREGATE LIABILITY TO CUSTOMER AND ANY OTHER PERSON FOR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR PURSUANT TO THIS AGREEMENT EXCEED THE AGGREGATE OF ALL FEES PAID, IF ANY, BY CUSTOMER TO THE MARKETPLACE LTD FOR YOUR USE OF THE WEB SITE. THE MARKETPLACE LTD does not warrant or represent that any material on this Web Site is accurate, complete, current, reliable, or error free. THE MARKETPLACE LTD 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, including but not limited to technical inaccuracies and typographical errors, (b) any third party Web Sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions, (c) the unavailability of this WEB Site or any portion thereof, (d) your use of any equipment or software in connection with this WEB site or (e) your use of this WEB site.

9.  Indemnification

You agree to defend, identify and hold harmless The MarketPlace Ltd, our affiliates, licensors, any officers, directors, employees, subcontractors, suppliers, agents from and against any and all claims, liabilities, damages, costs and expenses, including attorney’s fees, arising in any way from your use of the Web Site and the Web Site Content, or your breach or violation of the law or of these Terms and Conditions.

10.  Termination

The MarketPlace reserves the right, without notice and in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Web Site or Web Site Content. We may restrict, suspend, or terminate your access to the Web Site if we believe you are in breach of our Terms and Conditions or applicable law.

11.  Monitoring

The MarketPlace Ltd reserves the right, but no the obligation, to monitor areas of the Web Site electronically.

12.  Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Bermuda, without regard to its conflict of laws rules. You agree that any action at law or dispute that may arise out of, relate to, or be in any way connected with our Web Site or these Terms and Conditions shall be brought exclusively in the jurisdiction of the courts of Bermuda.