Tarshee Marketplace Terms of Use
The following are the rules and terms governing your use of the Tarshee Marketplace either via the Tarshee website (www.tarshee.co.uk) or any other platform or application that may host Tarshee Marketplace from time to time (“Tarshee Marketplace”).
1. Accepting These Terms
This document and the other documents that are referenced below make up the rules governing the use of Tarshee Marketplace and are officially called the Terms of Use (the “Terms”).
The Terms are a legally binding contract between you and Tarshee referred to throughout these Terms as “Tarshee”.
This contract sets out your rights and responsibilities when you use Tarshee website (tarshee.co.uk), our mobile apps, and the other services provided by Tarshee (all to collectively referred to as our “Services”). By using any of our Services (including browsing one of our websites or apps), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
2. Other applicable Documents and Policies
Our Services connect people around the world, both online and offline, to make, sell, and buy unique goods and services. Below are a list of rules and policies applicable to the Services which may or may not apply to you depending on how you use the Services:
These Terms, our Privacy Policy , and the UK Anti-Discrimination Policy apply to all users of Tarshee Marketplace.
The Terms for Sellers shall apply to all sellers who list any items or services for sale on Tarshee Marketplace.
The Terms for Buyers shall apply to all users of our Services to browse or shop.
The Terms for Third Parties shall apply to intellectual property owners, and anyone requesting information from Tarshee.
All the terms specific to each category of users as outlined above together make up our Terms.
3. Your Privacy
Our Privacy Policy outlines how your information is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
Both Tarshee and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under the laws of the United Kingdom. Therefore, each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Tarshee, will be responsible for that unauthorised disclosure.
If, however, you (as a seller) and Tarshee are found to be joint data controllers of buyers’ personal information, and if Tarshee is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify Tarshee in accordance with Section 9 (Indemnification) below.
4. Your Account with Tarshee
You may be required to create an account on Tarshee Marketplace to use some of our Services. The following are a few rules about accounts with Tarshee:
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Tarshee Marketplace or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
- You must provide us with accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
- If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You are solely responsible for your account and any activity on your account. If you share your account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity on Tarshee Marketplace, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. You may generally not ransfer your account to another person or user.
- It is your responsibility to protect your account password and keep it secure. To keep your account secure, it is advised that you create a password that is easy to remember but hard for someone else to guess.Use two-factor authentication and keep an eye on your sign-in notifications.
- These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Tarshee.
5. Your Content
Content that you post on Tarshee Marketplace using our Services is your content (referred to as “Your Content”). We do not make any claim to Your Content, which includes anything you post using our Services (such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content.
By posting Your Content through our Services and on Tarshee Marketplace, you grant Tarshee and, as authorised by Tarshee in its sole discretion, third parties, a licence to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Tarshee function and grow.
C. Rights You Grant Tarshee.
By posting Your Content, you grant Tarshee. and, as authorised by Tarshee. in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Tarshee, your shop on Tarshee Marketplace, other shops and listings, or the Services in general, in any formats and through any channels, including across any Tarshee Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
For example: if you upload a photo or video of a listing on your shop on Tarshee Marketplace, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it – often along with your shop name and shop picture – on our homepage, in one of our blogs or even on a billboard to help promote your business and Tarshee’s.
D. Reporting Unauthorised Content.
Tarshee has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately via our dedicated phone number on our website. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.
E. Inappropriate, False, or Misleading Content.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Tarshee, another Tarshee user, or a third party.
- You are responsible for paying all fees that you owe to Tarshee. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Tarshee will calculate, collect and remit value-added tax or VAT and sales tax, collectively referred to as “VAT”.
- You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Tarshee Intellectual Property and Seller Content) without our express permission.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
- The name ” Tarshee” and the other Tarshee marks, phrases, logos, and designs that we use in connection with our Services (the Tarshee Trademarks), are trademarks, service marks, or trade dress of Tarshee in the UK.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Tarshee (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- From time to time, Tarshee will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.
7. Termination
A. Termination By You.
We’d hate to see you go, but you may terminate your account with Tarshee at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You shall also be liable to pay any outstanding bills at termination.
B. Termination By Tarshee.
We may terminate or suspend your account (and any accounts Tarshee determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our platform. Generally, Tarshee will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Tarshee terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services Tarshee reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Tarshee’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
C. Survival
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
A. Items You Purchase: You have a legal right to receive goods which comply with their description, which are of satisfactory quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. You also have certain legal rights where you receive a service, including that it must be carried out with reasonable care and skill. If you believe that the items you have been delivered or the Service provided do not comply with these legal rights, please let us know. We may request further information or a photograph showing the problem if it is something that can be seen by inspecting the Items. When you have purchased a faulty item from a seller using our services, we will refer you to the seller who will work with you to make things right. For items that are eligible for return, you will have to return the item to the seller and we or the seller will explain how to do so. You can find out more about your legal rights as a consumer if something is wrong with your Items at: https://www.citizensadvice.org.uk/consumer/.
Without prejudice to the above, you understand that Tarshee does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Tarshee cannot and does not make any warranties about the quality, safety, authenticity, or legality of such items or services. Any legal claim related to an item you purchase or service you received must be brought directly against the seller of the item or service. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) and you release Tarshee from any claims related to items sold or services provided through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of Tarshee Marketplace in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed 100 hundred pounds sterling (£100), unless otherwise agreed..
B. Content You Access: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Tarshee is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
C. People You Interact With: You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
E. Third-Party Services: Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter and Pinterest, Paypal). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our platform). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Tarshee is not a party to those agreements; they are solely between you and the third party.
D. Promotions: Tarshee special offers or promotions are managed by Tarshee in its sole discretion and redemption of and participation in such offers or promotions are subject to Tarshee’s sole discretion. Tarshee is not responsible for special offers or promotions provided by sellers.
F. Liability for loss or damage: We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
For the avoidance of doubt, we do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights under the Consumer Protection Act 1987 (as may be amended). Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our website.
G. Warranties: Tarshee is dedicated to making our services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and “as available” without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
9. Indemnification (all users)
If Tarshee gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Tarshee (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights.
Indemnification (Sellers)
You the seller agree to indemnify, defend, and hold harmless Tarshee, and its affiliates, officers, directors, subsidiaries, successors, assigns, employees, and agents, and shall keep each of them fully indemnified at all times from and against any and all actions, claims, demands, damages, obligations, losses, liabilities, costs, fines, penalties, judgments, settlements, awards, debts, and expenses (including but not limited to attorneys’ fees), fees and costs of enforcing any right to indemnification under this clause, whatsoever in any way arising out of or in connection with:
- Product Liability: Any claims, losses, or damages arising from any listed items on your shop on Tarshee Marketplace, including but not limited to product defects, condition, modification, or relating to loss or destruction of or damage to any property, or death or injury of, or other loss of whatsoever nature suffered by any person, or violations of any applicable laws or regulations.
- Intellectual Property Infringement: Any claims alleging infringement of any copyright, trademark, patent, registered design, trade secret, or other intellectual property right arising from Your Content or your use of the Services.
- Content and Listing Accuracy: Any claims arising from inaccuracies, misrepresentations, or omissions in your product, item or service listings or descriptions.
- Buyer Disputes: Any claims, disputes, or chargebacks arising from transactions between the you and buyers, including but not limited to claims of fraud, misrepresentation, or breach of contract.
- Compliance with the Terms: Any claims arising from the your violation of any applicable laws, rules, or regulations, including but not limited to consumer protection laws, tax laws, data privacy laws or breach of any part of these Terms.
You shall have sole control of the defense and settlement of any claim subject to this indemnity. You agree to use counsel that are qualified to practise in the United Kingdom.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Tarshee’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. To the extent allowed under the law, you release Tarshee from any claims, demands, and damages arising out of disputes with other users or third parties.
11. Jurisdiction and Dispute Resolution Agreement
These Terms shall be exclusively governed by and construed in accordance with the laws of England.
In the event of a dispute, we would ask you to raise a complaint using the contact details in the “About Us” section. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute, which may include mediation. Where mediation fails, legal proceedings may be commenced to resolve the dispute. If you live in England or Wales you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
12. Changes to the Terms
We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we will let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Tarshee regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at contact@tarshee.co.uk
