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Terms of Usage and Services
These terms of usage and services should be carefully read, and users are to use their own discretion. It is their responsibility to remain informed about any updates or changes to the policies.
1. GENERAL
1.1 Scope
Welcome towww.flexEmarket.com or Flexmarket Company.
These Terms & Conditions (“Agreement" or "Terms") are a contract between you and FlexMarket Corporation, DBA flexEmarket, which shall act as the company and operator of the website and application which are available on IOS and Android gadgets as flexEmarket. The "Company," shall be an e-commerce corporation that uses its website and applications to sell products to you, collect payment and process your returns, and a platform that allows other sellers (wholesalers and retailers) to sell their products. Where applicable, "The Company," "we," "us," and "our" shall refer to FLEXMARKET, and "you" or "your" shall refer to the user of the Services (as defined below).
These Terms govern your use of our website and applications at (the "Site"), that hyperlink to this Agreement, any other written, electronic, and oral communications with FlexMarket and its affiliated entities, or any websites, pages, applications, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site, the "Services").
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Site, you expressly understand, acknowledge, and agree that you have read and understood the Terms and agree to be bound by such terms found on the Site.
By downloading the application to access or use the service offered by FlexMarket, registering an account, you explicitly understand and agree that you have read these terms and conditions and shall comply and be bound by them and any other policies herein.
You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.
If you reside in one country but order products to be shipped to another country, you shall be subject to these Terms and conditions.
Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms as though fully set forth herein and shall inherently form part of these terms and conditions.
1.2 Updates to the Terms
The Company reserves the right to amend the Terms, including the Privacy & Cookie Policy, at any time, in our sole discretion. By continuing to use our Services, following such changes (regardless of whether a notice was sent by the Company), you agree to continue being bound by any variation made by us to this policy and/or accompanying policies/agreements including, but not limited to, the Privacy & Cookie Policy. It is your responsibility to check this policy and/or accompanying policies/agreements from time to time to verify such modifications.
1.3 Acceptance of Terms
To purchase with us or our reseller partners, you need to have legal capacity, therefore be 18 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you reserve the right to immediately discontinue access or use of our services.
Please read this Agreement carefully before proceeding.
2. USE OF OUR SERVICES
2.1 Representations
When you use our Services, you agree to the processing of the information and data, and you state that all information and data provided by you are true and correspond to reality. Our company endeavors to protect your data at all times and provide information on how the collected data shall be used through our privacy policy (insert privacy policy link).
You represent and warrant that you are at least 18 years old or visiting the Services under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in advance.
Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, or otherwise exploit the Services or any portion of them unless expressly permitted by the Company, in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by the Company, Vendors, Sellers, and Users in advance.
The Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer, sellers, or vendor’s conduct violates applicable law or is harmful to our company's and other customers' interests.
FlexMarket Corporation shall act in good faith to benefit all Users, Sellers, Buyers, Agents, Advertisers, Administration, Direct Employees or Indirect Employees.
You further agree not to:
- Use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Services;
- Use any robot, spider, or other manual or automated device, process, software, or means to index or access the Service for any purpose;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination
In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.
From time to time, users may be requested to verify their accounts by providing certain information and documents in order to continue using Flex Market.
Flex Market shall not be a party to transactions made outside the website or application, therefore not liable for such transactions.
From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms.
You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the "Contact Us" section below. If your account is terminated, you may lose the assets in your account if you do not contact us.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
4. TRADE RULES
4.1 Posting Fees and Payment
A charging posting fee of $.... shall be remitted to Flex Market Corporation as payment for vendors and sellers to post and offer their services to their customers.
Payments are made through Stripe Inc and credit card processing companies. The buyers and sellers agree to comply and stay updated with the terms and conditions of Stripe Incorporation (https://stripe.com/legal/ssa).
Buyers and sellers agree to comply with the terms and conditions of the Credit Card Company they opt to use.
4.2 Price and Payment
All prices are correct at the time of entering the information onto the system. All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. The service charges may fluctuate as a result of the nature and circumstances of the business with or without notice.
All payments may be carried out through Stripe Inc or credit cards, the buyers and sellers agree to comply and stay up to date with the terms and conditions of Stripe Incorporation (https://stripe.com/legal/ssa).
Buyers and sellers agree to comply with the terms and conditions of the Credit Card Company they opt to use.
When you click "Buy now” or “Place order” or “Authorize Payment" and “continue,” you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
4.3 E-Shipping & Delivery
The Company ships to fifty states in the United States and shipping is only limited to the United States. No shipping shall be done outside of the United States. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods or unforeseen circumstances, deliveries may take longer.
Users shall always stay up to date with our USPS shipping policy as it may be updated from time to time.
Shipping may be done through various delivering companies. Sellers may sell using other shipping platforms and shall further comply with their terms and conditions.
4.4 Taxes
You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
Flex Market will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state.
4.5 Title and Shipment
Sellers who post items as being available for shipping nationwide must ship their items in accordance with Flex Market policies and these terms and conditions. When a seller accepts a buyer's offer to purchase an item to be shipped, the seller must print the pre-paid shipping label provided by Flex Market and mail the item within 3 business days of accepting the offer. Sellers who receive a pre-paid shipping label are charged a fee for sales that result in an item being shipped. The seller may cancel an accepted offer up until the package is initially scanned for mailing.
Prepaid shipping labels may not be necessary if the buyer and seller have agreed to use another shipping company or method. In such cases, Flex Market shall not be liable for any loss or issues that arise from such shipping or delivery.
Buyers who have requested items be shipped to them pay for the cost of shipping items. When a seller accepts a buyer's offer to purchase an item and have it shipped to them, Flex Market will charge or put a hold on the buyer's method of payment, pending delivery of the item. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer.
Flex Market is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in their policy, Flex Market is not liable for any losses, damages, or delays related to shipping.
You agree not to use the Flex Market shipping service in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. Without limiting the foregoing, you may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
Unless otherwise mutually agreed between the buyer and the seller, shipping will be made to the delivery address indicated by you. In the instance of change of address by the customer, expeditious communication shall be appreciated, or the customer shall contact the company to notify a change of address.
Once an order has begun the shipping process, the address cannot be changed as this would be impossible to perform.
Flex Market Corporation shall not be liable in the instance a customer does not receive a purchase or delivery or for any losses incurred during purchase and delivery.
4.6 Return of Product
Goods can be returned within a designated period. The exact return period and return policy differs between the Sellers. Please contact our customer service for the detailed information. Except as otherwise agreed by the Company, customers returning goods may be responsible for shipping charges and or any other return fee such as restocking or item damages.
4.7 Seller Obligation
Sellers are required to be accurate and honest in describing their products or services about their condition, origin, authenticity, and required supplementary details. If they are not, Flex Market SHALL NOT be held responsible.
4.8 Vendor Compliance
Official vendors should provide clear personal sub-policies, and in the instance they are different from our platform, the vendors should make it clear to the buyers and take responsibility and burden off the buyer.
4.9 Payment of Invoices
Invoices shall be paid within Thirty (30) days of receipt of the invoice.
5. IDENTIFICATION CHECK
The Seller shall provide identification documents by uploading their ID for verification and for purposes of protecting against fraud and illegal activities on the platform.
Personal identification and any relevant related information may be disclosed to third-party service providers to countercheck and verify any inaccurate and false information.
6. PURCHASE OF AUTOMOBILES
Flex Market Corporation shall permit the buying and selling of new and used automobiles on their site and applications between buyers, sellers, and vendors.
The vendors or sellers are obligated to provide accurate and correct data on the specifications of the automobile when advertising the product. The parties to the purchase shall ensure compliance with the Car Buyer’s Bill of Rights.
7. INTELLECTUAL PROPERTY AND OWNERSHIP
The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, "Content") provided as part of the Services belong at all times to the Company or to those who grant us the license for their use and are protected by copyright laws in your own country and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly.
8. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites or advertisements that are not owned or controlled by us. References on our Site and Apps to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
9. FORCE MAJEURE
Flex Market will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control. Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control.
In the event of Force Majeure, our obligations under these Terms or any related agreements may be temporarily paused, and we will be granted an extension of time to complete deliveries once the Force Majeure situation is resolved.
Neither Party shall be held liable for failure to perform under this Agreement (excluding payment obligations) if such failure is due to causes beyond their reasonable control, and the consequences could not have been prevented or mitigated through reasonable preventive measures. This is contingent upon the affected Party promptly providing written notice of the event to the other Party.
10. LIMITATION OF LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU.
(1) By USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED...
(2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION...
(3) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES...
11. LEGAL DISPUTES AND ARBITRATION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it...
11.1 Initial Dispute Resolution
We are available by email at support@flexemarket.com to address any concerns you may have regarding your use of the Services...
11.2 Waiver of class or consolidated actions
All claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis.
11.3 Small Claims Court
In the event that a dispute arises between the parties that cannot be resolved through mediation or good faith negotiations...
12. LEGAL TERMS
12.1 Entire Agreement; No Waiver
These Terms, together with our privacy and cookie policies and any other legal notices published on the Site, shall constitute the entire agreement...
12.2 Modification or Termination of Services
Flex Market reserves the right to terminate, suspend or modify their services at any time with or without notice.
12.3 Interpretation
In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
12.4 Applicable Law
Your use of our platform and the product purchase through our website shall be governed by Maryland laws and regulations...
12.5 Severability
If for any reason, any provision of this Terms of Use and Services shall be determined to be invalid, void or unenforceable...
12.6 Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice...
12.7 Additional Terms
FlexMarket may require additional contracts or terms for certain users to continue using the platform.
13. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at support@flexemarket.com.
Effective on: OCT 10, 2024