A

OUR TERMS OF SERVICE


General Information

Welcome to FutbolMarkt.com website, owned and operated by SoccerMarkt Inc. ("we", "us"). FutbolMarkt.com provides products and services, subject to the notices, terms, and conditions set forth in this agreement and any other Terms of Service that may appear on the website from time to time, including for example, our privacy policy, and subject to full compliance with all applicable laws. Any person accessing or using FutbolMarkt.com or any associated webpages (collectively the “site”, "FutbolMarkt" or the "service(s)") is referred to as “you”. Additionally, when you use any of our online services (such as customer reviews, blogs, etc.), you will be subject to these Terms of Service and any other rules, guidelines, policies, Terms of Service applicable to such online services. We reserve the right to change, modify, alter or otherwise update the Terms of Service applicable to this Site at any time without prior written notice and in its sole and absolute discretion. We will notify you of any such changes, modifications, alterations or updates to this Site simply by posting a notice on this Site. Your continued use of this Site following any such changes, modifications, alterations or updates, will constitute your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. YOUR ACCESSING, BROWSING OR OTHERWISE USING THIS SITE (INCLUDING YOUR PURCHASE OF PRODUCTS USING THE SITE) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE IN EFFECT AT THE TIME YOU ACCESS THE SITE (INCLUDING THOSE TERMS OF SERVICE RELATING TO THE PURCHASE OF PRODUCTS). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE. 

Please print out a copy of these Terms of Service (and all other documentation relating to any transactions made using the site) for your records, as SoccerMarkt may, but cannot guarantee, that it will be able to provide you with copies of such documents on your written request.

We do not guarantee that the Site, or any of its content, will always be available or uninterrupted. We may suspend, withdraw, discontinue or change any or all parts of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period. We further reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms of Service herein.

You expressly agree that these Terms of Service and all ancillary documents be drafted solely in English.

Vous consentez expressément à ce que ces termes d’usage et tous les documents y afférents soient rédigées en anglais seulement.

How FutbolMarkt.com Works

We offer a platform that allows users to (i) list soccer (football) equipment, apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on soccer and (iv) and engage in other activity relating to the foregoing. Any user that buys one or more items through the Services is referred to herein as a “buyer”, and any user that lists one or more items for sale on the Services is referred to herein as a “seller”. A user may be both a buyer and a seller.

Privacy

Our privacy practices respecting the information we collect during your visit to this Site or in the context of a purchase transaction are explained in our Privacy Policy. The Privacy Policy forms part of the Terms of Service.

User Generated Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to SoccerMarkt through this site or the Services, are collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user:

• grants to SoccerMarkt a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicensable right to use, copy, reproduce, modify, adapt, translate, distribute, transmit, publish, download, post, lease, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
• grant SoccerMarkt the right to use your name in connection with such User Generated Content, subject to our Privacy Policy;
• represents and warrant that:
(a) you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Site;
(b) such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
(c) the usage, publication and posting of such User Generated Content does not violate these Terms of Service and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity;
• further grants SoccerMarkt the right to pursue before any appropriate forum any person or entity that violates SoccerMarkt's or your rights under any applicable law in the User Generated Content.

SoccerMarkt has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. SoccerMarkt shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers violating the Terms or to be illegal or otherwise inappropriate for the Services. SoccerMarkt, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of SoccerMarkt, users of the Services or the public.

Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use information contained in any such messages for any of the purposes described above.

We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed Content hereunder and subject to these Terms.

Inappropriate Use

In order to maximize the user experience in using the Services, by the way of example, and not as a limitation, you agree that you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

• any content, information or material that is incomplete, false, inaccurate or not your own;
• any content, information or material that (a) violates or infringes the copyrights, patents, trade-marks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, sexually explicit, violent, derogatory, unlawful, slanderous, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable or could give rise to any civil or criminal liability under Canadian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;
• any content, information or material that violates any applicable laws, rules or regulations in Canada or in any other jurisdiction;
• any content, information or material that advertises or links to other commercial websites;
• names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Insurance No., national identity, passport and/or credit card numbers or other personally identifiable information of any third party;
• viruses, corrupted data or other harmful, disruptive or destructive files;
• any content, information or material that is unrelated to the topic of the forums in which such material is posted;
• any content, information or material that communicates messages inconsistent with the goodwill of SoccerMarkt or which otherwise violates these Terms of Service; or
• any content, information or material that, in the sole judgement of SoccerMarkt, is objectionable or which may expose SoccerMarkt, you or other Site users to any harm, prejudice or liability.

To the extent possible under applicable law, SoccerMarkt takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is SoccerMarkt liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms of Service. To the extent permissible by applicable law, SoccerMarkt is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Site. SoccerMarkt has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through the Site and makes no claim that it will do so. However, SoccerMarkt reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Site without any prior notice of any type whatsoever and for any reason whatsoever.

Our License to You

The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of SoccerMarkt, its users or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. SoccerMarkt hereby grants you a limited, nonexclusive, non-transferable personal license to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of buying and selling items posted to the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by SoccerMarkt in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to SoccerMarkt and/or its licensors.

User Accounts

To use certain features of the Services or participate in certain activities sponsored by SoccerMarkt, you will be required to create an account with us. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, SoccerMarkt has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, SoccerMarkt may suspend or terminate any and all current or future use of the Services by that user. You may also create an account with us by connecting the Services with a third-party social networking service (such as Facebook) and giving us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our privacy policy.

A user may receive passwords and account designations upon completing certain registration processes in connection with the Services and is wholly responsible for maintaining the confidentiality of such passwords or designations.

Listing and Selling

You may not do any of the following in using the Services at any time: (i) use another user’s account without permission, (ii) alter an item’s price after it has sold, (iii) make or attempt to make direct arrangements with a buyer or a seller to use a payment method other than the approved payment methods available through the Services, or (iv) take any action which is deliberately designed to circumvent, reduce or manipulate FutbolMarkt.com transaction fees. Your failure to comply with any of the foregoing constitutes grounds for our immediate termination of your ability to use the Services.

When listing an item for sale follow these rules.

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with FutbolMarkt.com policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your FutbolMarkt.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their FutbolMarkt.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with FutbolMarkt.com site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. SoccerMarkt reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding FutbolMarkt.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Fees

Buying on FutbolMarkt.com is always free. For sellers FutbolMarkt.com offers  simple pay-per-use fee structure.

For the purpose of this section all fees are quoted in Pound Sterling (£), unless otherwise stated. Prices for items listed on the Services are always displayed to buyers on a “shipping excluded” basis. In other words, the price displayed in an item listing (the “Listing Price”) is the price excluding any/or all shipping and handling charges specified by the seller. The Services permit sellers to offer discounts on individual item or multiple-item orders from a single buyer and, in such cases, the “Listing Price” of an item as used herein means to the price displayed for such item after giving effect to such discount. An “Order” refers an item or group of items purchased by a single buyer from a single seller in the single “Cart” checkout on the Services.

Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms in accordance with the first paragraph of the Terms. We may also choose to temporarily change the fees for certain services for promotional events; such changes are effective when we post the temporary promotional events on the Services or otherwise provide notice to you. We may waive or reduce our fees for certain users or groups of users in our sole discretion. We may, at our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service.

Pay-per-use fee structure offers unlimited product listing and and full platform capability. Under this plan FutbolMarkt will charge a commission for each Order placed. When an Order is placed, we charge the seller of the Order a commission fee equal to 8.0% of the total price (excluding S&H) of all the items in the Order. The amount the seller makes for an Order (the “Seller Proceeds”) is thus 92% of the aggregate Listing Price for the items in the Order. As a seller, you are responsible for paying any applicable sales taxes associated with using the Services as well as any applicable payment gateway fees.

After sale-purchase transaction is complete the full proceeds of the sale will be held by FutbolMarkt for the duration of 14 calendar days in order to allow the seller enough time to ship the order and for the customer to receive and review purchased items. At the end of the 14-day period all Seller Proceeds as described above will be deposited to Seller's PayPal of Bank account according to their account settings.

In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller.

We reserve the right, at our sole discretion, to change our commission fees without notice. Please consult these Terms of Service for current commission fees.

Shipping and Handling

Sellers pay for shipping on FutbolMarkt.com Sellers may combine multiple items purchased in a single Order into a single package and may offer discounts to buyers to account for reduced shipping cost associated with such combined packaging. We strongly encourage Orders to be shipped using a trackable shipping method offered by the Royal Mail, United Parcel Service (“UPS”), Federal Express (“FedEx”) or another shipping service recognised by the Services. The seller of an Order must ship the Order within 7 calendar days of the date of purchase or the Order will be automatically cancelled, and the buyer’s purchase price will be refunded.

Returns

As an independent broker, FutbolMarkt.com and SoccerMarkt waive all responsibility for items that do not match their descriptions or encounter shipping problems. It is the responsibility of the Buyer and Seller to agree on a return and refund or exchange. All Sellers who accept returns must give you at least 14 calendar days to let them know if you’d like to return something.

If there’s a problem with a purchase, Buyers can submit a return, refund or exchange query to the Buyer. SoccerMarkt will moderate all transactions however the final word on returns will be with the Buyer. SoccerMarkt reserves the right to adjudicate and involve itself in transactions

If the item was not as described, the seller is responsible for paying return postage costs. If a buyer changes their mind about a purchase and wants to return it, they may be required to pay the postage costs depending on the seller’s return policy. Sellers can provide a return postage address and additional return postage information for the buyer.

When you’re responsible for return postage charges, we charge your PayPal account if you send the item using our postage label. We may ask you to accept a billing agreement to authorize payment for these kinds of charges.

When you want to return an item using alternative postage arrangements and the seller is responsible for the return postage charges, you must work with the seller to agree on the postal service used and the cost before returning the item.

Feedback and Reviews

Buyers are welcome to submit honest feedback, ratings, reviews and comments about the different shops and products on sale through this site. SoccerMarkt does not screen, edit, publish or review such feedback prior to their appearance on the website and they do not reflect the views or opinions of SoccerMarkt in any manner whatsoever. However, SoccerMarkt reserves the right to monitor all feedback and to remove any feedback which it considers in its absolute discretion to be inappropriate, offensive, defamatory or otherwise in breach of these Terms of Service.

Payment gateways User Policies

When you link or use any of the following payment gateways with our Service, you are independently responsible for complying with all applicable laws in all of your actions related to your use of these payment services, and you must adhere to the terms of each gateway's user policies and/or terms of service as outlined below:

PayPal Acceptable Use Policy;

You also explicitly agree to the service fee structure used by each gateway to facilitate financial transactions.

Credit Card Transactions

To the extent you as a buyer effect any transaction on the Services using a credit card, you must have a valid credit card on file, and we will (or a third-party credit card processor may) store your credit card information. We (or such third-party credit card processor) will verify your credit card information (including expiration date and billing address) but will not charge your credit card unless you conduct an activity through the Services that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.

Minors

The Services are not intended for use by minors. If you are under 18, you may not submit or post any information or material on the Services or otherwise provide such information to SoccerMarkt, including but not limited to personally identifiable information. Users of the Services have the option of submitted information about their children. Please refer to our Privacy Policy for more information about your options and how we use this information.

Links

The Services may provide links to other websites maintained by third parties. SoccerMarkt exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

Copyrights

SoccerMarkt respects the intellectual property rights of others and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing the Copyright Agent (defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit SoccerMarkt to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the above-described designated agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the court for the judicial district in which your address is located, or for any judicial district in which SoccerMarkt may be found and (5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Electronic Communications

The communications between you and SoccerMarkt use electronic means, whether you use the Site or send us emails, or whether SoccerMarkt posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SoccerMarkt in an electronic form; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that SoccerMarkt provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hard-copy writing.

Termination

SoccerMarkt may terminate or limit a user’s ability to use the Services in SoccerMarkt’s absolute discretion and for any reason. SoccerMarkt may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. SoccerMarkt’s termination of any user’s access to the Services may be effected without notice and, on such termination, SoccerMarkt may immediately bar any further access to the Services. SoccerMarkt shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, SoccerMarkt reserves the right to delete, or not delete, a user’s Content at SoccerMarkt’s sole discretion.

Responsibility for Use

Each user shall indemnify, defend and hold SoccerMarkt and its officers, directors, affiliates, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.

SoccerMarkt is not party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold SoccerMarkt and its members, governors, officers, directors, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others.

Should you have a dispute with one or more users, or an outside party, you release SoccerMarkt and its officers, directors, affiliates, employees and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.

The Services are only a venue for users to interact with other users to list, discuss, buy and sell items. SoccerMarkt is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and SoccerMarkt does not obtain title to any listed or purchased items, nor does it act as a buyer, seller or agent in connection with any such transaction. SoccerMarkt does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content and makes no representation whatsoever with respect to underlying goods posted for sale or sold through the Services. Under no circumstances will SoccerMarkt be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. Each user, by using the Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of the Services and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Services or any such Content.

FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.

Without limiting the generality of the foregoing, SoccerMarkt advises you that the sale and resale of certain items posted for sale through the Services, such as game tickets. SoccerMarkt makes no representation or warranty whatsoever in connection with the sale or resale of any such item and shall have no liability whatsoever in connection with the improper or illegal sale or resale of any such item by any user.

SoccerMarkt does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of SoccerMarkt’s control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and SoccerMarkt shall have no liability whatsoever for such charges, rates or other fees.

Exclusions and Disclaimer of Warranties

For the purposes of this Section, "SoccerMarkt" shall include SoccerMarkt's directors, officers, employees, agents, and any third-party suppliers or contractors.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS OF SERVICE. THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN. SOCCERMARKT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT IT'S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOCCERMARKT DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS SITE AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR PURCHASED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS AND SOCCERMARKT DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: i. WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ii. ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR iii. THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SOCCERMARKT OR CONTENT ACCESSED THROUGH SOCCERMARKT (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SOCCERMARKT AND LINKS IN CONTENT ACCESSED THROUGH SOCCERMARKT).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

SOCCERMARKT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE CONTENT, MATERIALS OR INFORMATION PROVIDED THROUGH THIS SITE LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, SERVICES OR THE TRANSACTIONS CONDUCTED ON OR FROM THIS SITE OR ANY OTHER SOCCERMARKT WEBSITE OR SOCIAL MEDIA, EVEN IF SOCCERMARKT OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATORIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SOCCERMARKT BE LIABLE FOR: DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, SOCCERMARKT 'S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY THE YOU, OR ANY OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SOCCERMARKT.

IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, SOCCERMARKT IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS SITE, IN NO CASE SHALL SOCCERMARKT 'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THESE TERMS OF SERVICE AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OF SERVICE OR THIS SITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.

Severability

If any one of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, then such terms shall be deemed severable from the remaining Terms of Service and shall not affect the validity and enforceability of any remaining Terms of Service.

Jurisdiction

SoccerMarkt makes no representation that content, materials, information or Products provided on or through this Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing Law

FutbolMarkt.com is controlled, owned and operated by SoccerMarkt Inc. located in Oakville, Ontario, Canada and the Terms of Service, this Site, any use of this Site and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Dispute Resolution

You acknowledge and agree that any dispute that may arise with SoccerMarkt in respect of these Terms of Service and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the city of Oakville, in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.

No Waiver

SoccerMarkt's failure to enforce any provision(s) of these Terms of Service or to respond to a breach by you or any third party of these Terms of Service shall not in any way waive the right of SoccerMarkt to subsequently enforce any of the Terms of Service contained herein or to act with respect to other similar or future breaches.

No Assignment

You may not assign your rights or obligations herein without the express written consent of SoccerMarkt.

Survival

The provisions above listed under the headings, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; “EXCLUSION AND DISCLAIMER OF WARRANTIES”; LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION” shall survive any termination or expiration of this Agreement.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site.


Last Updated: April 28, 2019

Back to Top