Terms of use - M8 MARKET

USER AGREEMENT

This User Agreement (hereinafter also referred to as the “User Agreement”) is entered into between 5th Element Ltd and the person who has successfully registered on m8market.com and started using m8market.com (hereinafter also referred to as the “User”).

Please read the text of this User Agreement carefully. Acceptance of this User Agreement by successful registering at m8market.com (hereinafter – “M8Market” or “Site”) and starting to use the service at m8market.com (hereinafter – “Service”) mean full and unconditional acceptance of the terms of this User Agreement and all other documents referenced in this User Agreement (hereinafter – “Related Documents”).

This User Agreement does not constitute a paid service contract, transfer of rights to use M8Market, license agreement or any other agreement involving payment for services of Provider, or remuneration to Provider, but is a set of general rules and requirements governing the use of M8Market by the User.

By accepting the terms of this User Agreement and creating a Personal Account in M8Market, you agree to fulfill and comply with all the rules and requirements for the use of M8Market, the terms of the Related Documents, agree to the rules and prices of third party payments and the rules for making payments within the Service, and the Provider provides you with access to the Service under the terms of this Agreement and the Related Documents.

This User Agreement governs your access to and use of the m8market.com website, products, features, services, technology and software published on it, provided by the Provider. The Provider is referred to in the document as “M8Market”, “we” or “us”. And “you” or “User” refers to you as a user of the Site.

Subject to the terms and conditions set forth herein, M8Market may, in its sole discretion, modify this User Agreement and any other agreements comprising the User Agreement at any time by posting the modified version on the Site. Any changes to the User Agreement will be effective as of the specified date of the last update (hereinafter – “Last Update Date”).

You must read, agree to and accept all of the terms and conditions contained in this User Agreement and the Related Documents in order to use M8Market. Your use of M8Market confirms your agreement to the User Agreement and the Related Documents. You agree not to violate the Terms and Conditions of the Related Documents when using M8Market. If you do not accept this User Agreement or the Related Documents, you must not use M8Market after the date of the last document update. Please refer to the relevant sections of this document for more information about the rules regarding the use of the Site.

Under no circumstances, the User is granted any intellectual property rights with respect to M8Market, its software. You can contact our Support Team if you have any questions regarding M8Market or the User Agreement. You will be answered during business hours at the earliest possible moment. You can contact our Support Team by sending e-mail to info@m8market.com.

M8Market warrants that it has all rights necessary to enable User to use M8Market under this User Agreement.

This User Agreement shall become effective upon acceptance of its terms by User, and shall continue in full force and effect until User ceases to use M8Market. M8Market may unilaterally suspend this User Agreement at any time, in M8Market’s sole discretion, including if User violates any provision of the User Agreement, or any provision of any of the Related Documents, pending clarification.

CONDITIONS OF USE

Users must be legal entities registered under the laws of the country from which they are doing business, have all necessary permits, licenses and the like for that type of business to use M8Market.

To create a store or order an item, you must register using a valid email address.

Each User may only create one account. M8Market reserves the right to delete the duplicated accounts.

User may delete his/her Account by contacting Support at anytime only after all orders in his/her Account have been fulfilled and completed. If User elects to delete their Account, User agrees to the permanent deletion of such Account. Accounts deleted in error can be restored within 30 days by contacting M8Market Support. Under no circumstances will the User be able to create a new account using the same email address, phone number used in the previously deleted account.

Users may not sell, buy, gift M8Market accounts or transfer their data to third parties.

When registering, Users-vendors must create a suitable store name that will be visible to other Users. The store name can contain Latin letters, numbers, hyphens and underscores. Store names containing phone numbers, words reserved for M8Market employees, profanity, and abusive language are prohibited. M8Market reserves the right to change any store name that violates these terms.

Users are responsible for protecting their registration data from malicious use of the Service by third parties, and must immediately notify M8Market of abusive use of the Service.

Users are personally responsible for all content posted on M8Market, including but not limited to images, videos, reviews and comments. By creating an account on M8Market, Users acknowledge that they understand and agree to these terms and conditions, and agree to reimburse any costs incurred by M8Market in the event of a copyright claim against M8Market.

User is not an employee, officer or agent of M8Market, and is not authorized to represent himself/herself as such.

The User may not transfer his rights and obligations under this User Agreement to a third party in whole or in part. M8Market may transfer its rights and obligations under this User Agreement or any of its rights and obligations under this User Agreement without the User’s consent at any time.

Abusive language, rude language, vulgarity, unauthorized advertising, as well as posting information and materials that negatively affect the brand image of M8Market are prohibited. The full list of prohibited content can be shared by request.

M8Market reserves the right to remove any material posted on M8Market, including, but not limited to, reviews, comments, etc., and to suspend or delete User Accounts without explaining the cause. In the event of suspected unauthorized access to an Account, spam or other suspicious activity on your Account, M8Market may temporarily suspend the Account until the Account is deemed secure again. If an Account is locked, a User may fulfill active orders, but may not begin work on new orders. Blocked Users can only contact Support, and communication and chats with other Users will not be available.

Disputes and other problems, including financial issues, can be resolved by contacting M8Market Support via email info@m8market.com. Support managers will review the request and take action to resolve the issue. Unique problems without applicable or governing rules will be resolved at the discretion of M8Market Support.

You may not disclose information obtained while working on M8Market, including, but not limited to, specifications and terms of orders and personal correspondence with other users and M8Market representatives. You may disclose information about your products, income on M8Market, and other information related to your account as long as that information does not violate the privacy of other users.

All Vendors who generate revenue by offering services and fulfilling orders using M8Market are solely responsible for their compliance with local regulations and laws, including, but not limited to, registration as a legal entity, sole proprietorship (individual entrepreneur) or self-employed, licensing provisions and tax laws.

Users may not use unethical or unfair advertising practices to promote M8Market affiliate links, copy M8Market in whole or in part, or use M8Market’s branding or design to mislead others.

In its sole discretion, M8Market shall have the right to unilaterally terminate this User Agreement at any time, including if User breaches any provision of this User Agreement or any provision of any of the Related Documents.

In case M8Market suspects that the true purpose of the User’s registration on M8Market, as well as the User’s creation of an order/store on M8Market, is to send spam messages from the User, M8Market reserves the right to temporarily block the account of such User during the investigation. In case of confirmation of sending spam messages, including through M8Market functionality, M8Market has the right to block the User’s account indefinitely.

M8Market, including its general appearance, look, feel, design, information, content and other materials available therein, are the exclusive property of the Provider and are protected by copyright, trademark and other intellectual property laws.

If an M8Market account has been inactive for 2 years or more, that account may be blocked and/or deleted.

DATA PROCESSING POLICY

By registering on M8Market, you agree to the storage and processing of the data you have entered and to receive information from M8Market of a technical (alerts related to the operation of the Service) and marketing nature in the form of a newsletter to the e-mail address you provided during registration.

M8Market may collect, store and process data such as cookies, identifiers (login and password), other anonymized information as necessary for the operation of the Site, effective implementation of the partnership program and for promotional purposes.

M8Market does not collect, store or process Users’ personal data, except in exceptional cases.

M8Market may monitor personal correspondence between Users to ensure compliance with the Terms of Use and Related Documents. This includes M8Market’s right to review the content of personal correspondence.

M8 MARKET RULES

GENERAL CONDITIONS

M8Market is an online service supporting Users to buy and sell green coffee. M8Market may also be referred to as “Service”.

Buyers are the Users who purchase green coffee on M8Market. They are divided into three levels: “Beginner” (without specifying the level), “Advanced”, “Professional”.

Vendors are the Users who sell green coffee on M8Market. They are divided into three levels: “Beginner” (without specifying the level), “Advanced”, “Professional”.

Each User can be a Vendor and a Buyer at the same time.

Product is green coffee offered in the Shop. The minimum batch (minimum shipment) generally is 1000 kg. Minimum batch for every order is to be confirmed after making a preliminary order by the Buyer. Upon special request to M8Market, the minimum batch can be reduced. In order to reduce the minimum batch, a request must be sent to M8Market specifying the Product and the Vendor.
Preliminary Order is the order made on the Site after the Buyer collects the wished Products at the cart. The Preliminary Order contains only the price of the Products from the manufacturer’s warehouse in the country of origin and to be checked and updated by M8Market.
Final Order is the order that has been checked and updated by M8Market and sent to the Buyer for confirmation. The Final Order contains total price of the Products in the Buyer’s location.

Account is a personal area of M8Market unique to each User. Users can access their accounts by entering authentication details on the M8Market login page.

Portfolio is a collection of the Vendor’s products.

Shop refers to all products offered by Vendors on M8Market. Buyers use the Shop to buy products from Vendors.

On the Order Page inside Accounts, Buyers and Vendors can communicate with each other about this order.

Customized Requests are the requests that Buyers can send to Vendors to receive a customized offer.

M8Market Choice is a coveted badge awarded to Vendors who have been noted by Buyers for quality products and quick fulfillment.

Payment Systems are payment systems, banks or other services that perform all payment processing: accept, transmit, refund or withhold payments, as well as withhold payment fees in accordance with their terms and conditions. The list of payment systems through which the order is settled is available by request.

Revenue is the money that Vendors receive from completed orders (payment by the Buyer for the order).

PRODUCTS

Product is a batch of green coffee that is offered for sale on M8Market by a Vendor. All products are categorized and characterized for easy search.

Creation of Products in the Shop is free of charge. One order can contain products of only one Vendor.

Each Product is manually reviewed by Moderator before being published in the catalog. M8Market reserves the right to modify or remove Product that violates this User Agreement and/or Related Documents. Users can get more information about the Product moderation process by request.

By selling the products, including delivery of samples, the Vendors are obliged to sell exactly the products described on M8Market that meet all the specified characteristics. Vendors have no right to refuse to sell active products to the Buyer who has paid for the order and provided all necessary information for its fulfillment. Vendors are to prepare the Products specified in the order and ship the order to Buyers by themselves, by their own efforts and at their own expense, using a logistics operator appointed by M8Market, and are fully responsible for the quality and timely fulfillment of all orders. It is prohibited to divide one order into several smaller orders (i.e. create duplicate orders) to artificially increase the total number of Vendor’s orders. In such cases, M8Market reserves the right to apply sanctions to the order and/or User.

SAMPLES ORDERING

Vendors are prohibited to mislead Buyers about the products they sell. Violations will result in sanctions and/or permanent blocking of the Vendor’s account.

If M8Market becomes aware of an infringement, M8Market has the right to remove such content.

If deemed appropriate, M8Market reserves the right to unilaterally hide items from the Vendor’s portfolio.

Vendor’s should correct any errors or discrepancies in the Products as soon as they are discovered. A common error is a mismatch between the Product’s features, price, and other fields. Information in a specific field takes precedence over other fields (e.g., information in a detailed description takes precedence over a brief description). All disputes arising from such discrepancies shall be resolved in favor of the Buyer. You can get more information about product requirements by request.

In accordance with any law on advertising, M8Market is not an advertising system, as it does not organize the process of advertising distribution and does not control advertising placements. M8Market acts as an information platform, where it places reference information about the Vendor’s products. The information about the Products presented on M8Market is intended to inform the site visitors about the possibility and conditions of their purchase, accordingly, such information is not subject to the provisions of any law on advertising.

ORDER CREATION

When the Buyer choose the Products to buy, he should put them into the cart and make a Preliminary Order.
The price for a Product indicated on the Site is from the manufacturer’s warehouse in the country of origin, to get the final price and minimum batch in the Buyer’s location the Buyer should make a Preliminary Order.
The Preliminary Order will be checked by M8Market. The delivery, customs clearance and other costs will be added to form the total price of the order in the Buyer’s location and the Final Order will be sent to the Buyer. The Buyer is to check and confirm the Final Order. When the Final Order has been confirmed by the Buyer, the order is considered as placed and it is to be accepted by the Vendor for execution.
Buyers pay for the order through the Payment Systems.

If the Products in the order placed by the Buyer differ in description and scope from those described by the Vendor, and the Vendor has accepted the order, priority shall be given to the order placed by the Buyer with the characteristics of the Products specified on the Site.

Settlement for the order is made through Payment Systems on the terms of Payment Systems.

ORDER FULFILLMENT

An order is marked as fulfilled when the Buyer confirms the receipt of the order, its quality and quantity. An order may be automatically marked as fulfilled if the Buyer has not checked and confirmed the order within the established deadlines.

After delivery of the order, the Buyer has five working days to verify and confirm the conformity of the delivered Products. If within the order verification period the Buyer does not confirm the fulfillment of the order and does not submit objections to the Vendor, the order shall be automatically marked as fulfilled and shall be deemed to be completed.

According to the rules of M8Market described in this User Agreement, the Vendor’s Products must be of good quality. If the Products contain deviations in quality, the order is considered unfulfilled.

VERIFICATION AND ADDITIONAL OPTIONS

Orders that meet the criteria set out in the M8Market description and the Buyer’s requirements shall be deemed to have been successfully completed. If the order is not fulfilled, clearly does not meet the standards stated on the Product page, the Buyer has the right to return the order to the Vendor. In this case, the Vendor must pay all costs of returning the order to its Vendor’s warehouse. The order on the Site must contain all information about the fulfillment of the order, including a report on the quality assessment of the samples of Products contained in the order.

CANCELLATION

Prior to shipment of an order from Vendor’s country, Buyer has the right to cancel any order, specifying the reason for cancellation. Upon confirmation of the cancellation by the Buyer, the payment shall be refunded to the Buyer less the cost of processing the order. All logistics of the order, processing of necessary documents in the Vendor’s country shall be done by and at the expense of the Vendor. In case of such a cancellation, the Vendor shall be entitled to cover the incurred costs from the payment amount at the expense of the Buyer.

Orders may not be canceled based on the Buyer’s subjective evaluation of the Vendor’s Product if the Product matches the information provided on the Product page.

M8Market reserves the right to cancel any order that violates this User Agreement at any time.

M8Market reserves the right to cancel the orders that are past due for acceptance for execution or fulfillment. Common reasons for cancellation are:

o The Vendor has not accepted the order for execution within three business days.

o The Vendor has been late in fulfillment of the order or has not responded for more than two weeks.

o Users demonstrate aggressive behavior, use order materials (e.g., personal information) against each other, or Buyers threaten Vendors with bad feedback.

o The order has been created for the Products included in the banned list on M8Market or the order has been recognized as fraudulent, etc.

o Users have published material in the order that infringes the intellectual property rights of third parties.

o The Vendor used materials that infringe another’s intellectual property.

In such cases, when canceling the order, the amount paid for the order will be refunded by Payment Systems to the Buyer.

Vendors must deliver Products that correspond to the Product description on the Site. Failure to comply with this requirement will allow the Buyer to make claims against the Vendor in accordance with the law, and it will also have a negative impact on the Vendor’s rating.

If the deadline for order fulfillment has expired, the order is marked as expired. Partial cancellation of an order by the Buyer or Vendor is not possible. An order can only be canceled in full. The Buyer has the right to cancel the order if the failure to fulfill the order on time is not due to force majeure. In this case, if the Buyer cancels the overdue order, the order shall remain in the Vendor’s possession at the place where it was at the time of its cancellation, and the Vendor shall dispose of the order at its own discretion at its own expense and efforts.

EXCHANGE OF CONTACT INFORMATION

Vendors agree that any personal information provided by Buyers is confidential and may not be shared or used for any purpose other than the fulfillment of the order itself.

All interactions between Buyers and Vendors, including but not limited to order placement, payment, negotiation of terms and delivery approval, shall take place within M8Market.

FEEDBACK AND VENDORS RATING

Once an order is completed, Buyers can leave feedback about their experience with the Vendor and their impression of the Vendor’s services. M8Market does not remove reviews unless they clearly violate this User Agreement.

Buyers can leave feedback within 30 days of completing their order.

Buyer may edit or delete feedback within 30 days of order completion.

Positive and negative feedback affects the Vendor’s rating. Vendors may not artificially inflate their ratings, including by creating fake orders to leave positive feedback. Vendors found guilty of such actions may be subject to disciplinary action, up to and including account lockout.

Canceling an order without a valid reason negatively affects the the Vendor’s rating. You can get more information on reasons for cancellation by request. the Vendor’s activity on M8Market may be suspended due to multiple consecutive canceled or ignored orders.

Vendors may request feedback from Buyers, but may not explicitly request positive feedback.

By posting reviews on M8Market, Users grant M8Market exclusive, royalty-free, fully paid-up, perpetual, irrevocable intellectual property rights without any worldwide restrictions on such reviews. In doing so, M8Market shall have no obligation for the content of any reviews it may receive from users.

USER-GENERATED CONTENT

M8Market is not responsible for User Content. However, if you discover any content posted on M8Market that may violate this User Agreement, you must notify M8Market via feedback form or by e-mail info@m8market.com. All feedback will be handled by Customer Support.

All content uploaded by users to M8Market is considered user-generated content. M8Market uses reasonable efforts to monitor content uploaded to M8Market, but cannot be responsible for user-generated content. Users are personally responsible for their content and the consequences of its use, disclosure, storage and transmission.

Users are solely responsible for checking all files transmitted to www.m8market.com for viruses and malware.

Files provided in correspondence and order forms are retained by M8Market for two years, after which time they may be deleted.

By uploading or creating content on www.m8market.com, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, authorizations, and permissions necessary to use and/or upload such content and that such content or your use of such content on M8Market shall not:

o Violate any applicable local, state, federal and international laws, regulations and conventions;

o Violate the intellectual and other rights of third parties.

Users (both Buyers and Vendors) agree that, unless they expressly state otherwise, the content they create/upload to www.m8market.com, including product content, product images, videos and any other information, maybe used by M8 Market at its discretion for the purpose of promoting the Service.

If an infringement is reported, M8Market has the right to remove such content.

Users agree to reimburse any costs incurred by M8Market in the event a copyright infringement claim is filed against M8Market.

PAYMENTS AND FINANCE

By accepting the terms of this User Agreement, User agrees that M8Market does not provide any compensated services to User, does not accept payments, does not make payments for the benefit of Users.

PAYMENT SYSTEMS

Provider does not accept any payments or provide paid services to Users. Provider cooperates with Payment Systems to accept payments from Buyers, to transfer such payments from Buyers to Vendors and to store funds during order fulfillment. All services related to payments, money transfers, storage of funds, letter of credit service are performed by Payment Systems.

For the purposes specified herein, Users are obliged to accept the Payment Systems’ offer, User Agreement or other documents of the Payment Systems. Links to the offers and other documents of Payment systems are shared by request.

M8Market reserves the right through Payment Systems to freeze the transfer of funds if any suspicious or fraudulent activity is detected on M8Market or if orders are canceled.

You may not apply to cancel an order or payment, or cancel transactions through your payment service provider, your bank or Payment Systems. This may result in a temporary or permanent lockout of your account. Such a request should only be made through M8Market.

PAYMENT OF ORDERS

By making or receiving payments through the Payment Systems, you accept and agree to be bound by this User Agreement.

Vendors and Buyers are obliged to use Payment Systems for all transactions. M8Market provides instructions for the User’s payment via Payment Systems, which must be followed by the Users.

By confirmation of the final order, Buyers agree to pay Vendors for their Product along with all associated commissions and fees. The price on the site is not a public offer, is approximate and is subject to final confirmation when the Vendor accepts the final order for execution. Placement of an order by the Buyer is a request to be accepted by the Vendor. The prices on the website may become outdated due to normal price changes on the markets, etc.

Vendors agree that payment by Payment Systems shall be tantamount to payment by Buyer directly to Vendor.

The Buyer’s payment obligation to the Vendor shall be fulfilled upon receipt of payment by the Payment Systems. Payment Systems are responsible for transferring funds to Vendors. In this case, if the Payment Systems do not transfer any amounts to the Vendor, the Vendor shall contact M8Market, and shall not communicate with the Buyer or the Payment Systems directly.

Vendor agrees that M8Market may include payment details on invoices, receipts, notices and other documents provided to Buyers as M8Market deems necessary and reasonable.

Additional fees may be charged for the transfer of funds in accordance with the terms and conditions of the Payment Systems.

LOGISTICS OPERATOR

The delivery of the order from the Vendor to the Buyer is carried out by the Logistic Operator. Provider cooperates with the Logistics Operator for the transportation of orders from Vendors to Buyers. All services related to delivery, transportation of orders are performed by the Logistic Operator.

For the purposes specified herein, Users are obliged to accept the Logistic Operator’s offer, User Agreement or other documents of the Logistic Operator. Links to the offers and other documents of the Logistics Operator can be shared by request.

You may not submit a cancellation request through the Logistics Operator. This may result in temporary or permanent blocking of your Account. Such a request should only be submitted through M8Market.

CUSTOMS REPRESENTATIVE

Customs declaration of the order from Vendor to Buyer is carried out by the Customs Representative. Provider cooperates with the Customs Representative for customs declaration of orders from Vendors to Buyers. All services related to customs declaration of orders are performed by the Customs Representative.

For the purposes specified herein, Users agree to accept the Customs Representative’s offer, User Agreement or other documents of the Customs Representative. Links to the offers and other documents of the Customs Representative are available by request.

You may not submit a cancellation request through the Customs Representative. This may result in a temporary or permanent lockout of your Account. Such a request should only be submitted through M8Market.

SECURITY

In case of order cancellation, the paid funds shall be returned by Payment Systems to the Buyer’s account.

In order to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, all payment information is collected by either M8Market or Payment Systems.

All orders are processed through Payment Systems services in accordance with the rules of such settlements. All payment terms and conditions are reflected in Payment Systems Agreement. It is prohibited to fulfill non-paid (test) orders and conduct order transactions outside of M8Market. Violations may result in temporary or permanent blocking of your account.

M8Market does not have access to payment information provided by Users to Payment Systems.

By making payments and/or providing payment details to M8Market, you confirm and warrant that:

o you are legally authorized to make payments to M8Market using the payment method of your choice;

o your actions do not violate applicable law.

TAXES

Users are responsible for the payment of any direct or indirect taxes, including any and services tax, VAT or income tax that may apply to them based on their residence, location or otherwise, in accordance with the provisions of their jurisdiction.

Vendors confirm and warrant that they will at all times comply with their obligations under the income tax provisions of their jurisdiction. Prices quoted on M8Market are inclusive of all taxes and duties that may apply to Vendors.

Applicable laws may require M8Market or Payment Systems to charge Users indirect taxes (such as sales tax, VAT or and services tax) or withholding taxes.

Any amount that M8Market or the Payment Systems are required to collect will be added to the purchase amount and any other fees payable by Buyers, and any amount that M8Market or the Payment Systems are required to withhold will be deducted from Vendors’ income as required by applicable law.

Indirect taxes are added to the price listed on M8Market. Any such taxes must be displayed by Vendors to Buyers prior to payment of the order.

DISPUTE RESOLUTION

Any disputes and disagreements between Vendor and Buyer shall be resolved through one-on-one negotiations or with the involvement of an M8Market Support Specialist.

PROPERTY RIGHTS

Users are not authorized to do and agree not to do any of the following with respect to M8Market, its parts, components or extensions:

o copy, transmit, adapt, modify, distribute, broadcast, display, create derivative works, publish or reproduce them in any way;

o perform reverse assembly, decompilation, reverse engineering, or other attempts to retrieve the source code, underlying ideas, algorithms, structure, or organization;

o remove any copyright notice, identification or any other proprietary notices;

o circumvent, remove, alter, modify, deactivate, impair or obstruct any technological measures and protections for M8Market content;

o attempt to gain unauthorized access to, interfere with, damage or disrupt www.m8market.com;

o use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify M8Market;

o introduce any viruses, Trojans, worms, logic bombs or other malicious or technologically harmful material into M8Market;

o use any robot, spider, search robots or other automated device, process, software or queries that intercept, “mine”, clean or otherwise access the M8Market to monitor, extract, copy or collect information or data from or through the M8Market, or engage in any manual process to do the same;

o use M8Market in any manner that could damage, disable, overburden, or impair its operation or interfere with any other User’s use of the Site or access to or use of M8Market in any manner not expressly permitted by this User Agreement.

Users also warrant that they will not permit or authorize anyone to do any of the above.

DISCLAIMER OF WARRANTIES

You use M8Market at your own risk. M8Market and any services obtained through it are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied. Neither M8Market nor any person associated with M8Market makes any warranty or representation as to the completeness, safety, security, reliability, quality, accuracy or availability of M8Market.

M8Market makes no warranties, express or implied, including with respect to any Product or the suitability of any Product for a particular purpose. M8Market is not liable for any claims or incidental, consequential or other damages arising out of the use of Products.

Vendors are solely responsible for the quality of their Products, their conformity with the specifications provided on M8Market, and provide warranties, express or implied, including with respect to any of their Products or the fitness of any of their Products for a particular purpose. Vendors are solely responsible for any claims or incidental, consequential or other damages arising out of the use of their Products.

The foregoing does not affect any warranties that may not be excluded or limited under applicable law.

LIMITATION OF LIABILITY

Under no circumstances Provider, M8Market, their affiliates*, their licensors, service providers, employees, agents, officers or directors are liable for damages of any kind arising out of or in connection with your use of or inability to use www.m8market.com, M8Market. Services or any websites linked to them, any content on www.m8market.com or other websites or any services or items obtained through M8Market or its services or such other websites, including any direct and consequential damages, including, but not limited to, moral damages, loss of income, loss of profits, loss of business, loss of reputation, loss of data, including those caused by tort (including negligence), breach of agreement or otherwise, even if they were foreseeable.

Under no circumstances Provider, M8Market, their affiliates, their licensors, service providers, employees, agents, officers or directors are liable for User’s actions or inaction.

The foregoing shall not affect any liability which cannot be excluded or limited under applicable law.
In any case the total liability of Provider, M8Market, their affiliates, their licensors, service providers, employees, agents, officers or directors is limited to 1000 USD (one thousand United States Dollars).

Under no circumstances M8Market is liable for failure to perform or any delay in performing any obligation under this User Agreement for a reasonable period of time due to acts of God, wars, terrorism, insurrections, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transportation, fuel, energy, labor or materials or any other circumstances beyond the reasonable control of M8Market. In addition, M8Market is not responsible for third-party DDoS attacks and/or other attacks on M8Market, for the consequences of such attacks, for technical problems affecting M8Market related to the hosting provider of M8Market, or for the unavailability of M8Market for any other reason not directly related to M8Market.

*The term “Affiliate” as referred to herein means an entity (legal entity) or an individual (private person) that directly or indirectly controls M8Market, is controlled by M8Market, or is under common control with M8Market, where control means any number (any percentage) of voting shares or other ownership interests or any number (any percentage) of voting rights of such entity or individual.