CUSTOMER AGREEMENT - MARCHÉ COMMUN
PLEASE READ THIS CUSTOMER AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN MARCHÉ COMMUN (REGISTERED LEGAL ENTITY: OUTREMONT COVID-19 HELP FOUNDATION/ FONDATION AIDE OUTREMONT COVID-19) AND YOU WHICH GOVERNS YOUR USE OF THE https://marchecommun.com WEBSITE (“WEBSITE”)
YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THIS CUSTOMER AGREEMENT AND YOUR REPRESENTATION THAT YOU ARE AT LEAST 16 YEARS OF AGE TO ORDER FOOD ITEMS AND AT LEAST 18 YEARS OF AGE OR OLDER TO BE ABLE TO ORDER ANY ALCOHOL WITH FOOD. IF YOU OBJECT TO ANYTHING IN THIS CUSTOMER AGREEMENT, YOU ARE NOT PERMITTED TO USE THE WEBSITE. IT IS THE RESPONSIBILITY OF A PARENT OF ANY CHILD UNDER THE AGE OF 16 TO ENSURE THAT THE CHILD DOES NOT USE THE PARENT’S CREDIT CARDS OR ACCOUNT TO ORDER FROM THE WEBSITE. MARCHE COMMUN OR IT’S VENDORS AND PARTNERS WILL NOT BE HELD LIABLE FOR ANY SUCH MISUSE OR ANY SUBSEQUENT LOSS.
BY ACKNOWLEDGING THIS CUSTOMER AGREEMENT AND/OR USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS CUSTOMER AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.IF YOU DO NOT AGREE TO BE BOUND BY THIS CUSTOMER AGREEMENT AND ABIDE BY THEM, YOU MAY NOT USE OR ACCESS THE WEBSITE.
This Customer Agreement (the "Customer Agreement") governs the use by you (“you”, “Client”) of the mobile and internet-based referral services offered by OUTREMONT COVID-19 HELP FOUNDATION / FONDATION AIDE OUTREMONT COVID-19 ("Marché commun," "we" or "us") at and through the website https://marchecommun.com/ (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Referral Services").
Nature of the Referral Services
Marché commun connects you with local Quebec businesses such as restaurants, bakeries, farms and other types of stores (the "Store(s)") providing goods and/or services for sale ("Commodities"). In most cases Commodities will be goods; sometimes they may involve services or a mix of goods and services. The Stores and Clients are both users of the Website and are hereinafter referred to collectively as "Users."
Referral and Payment Conduit Only
Marché commun solely provides a platform for Stores and Clients to connect, and serves only as a medium to facilitate the provision of Commodities. Marché commun’s role, beyond enabling connections between Clients and Stores via the Website, is to act as a limited payment collection agent for the Store to facilitate payment for Commodities on behalf of the Client through the Website. In acting as the limited payment collection agent for Commodities, Marché commun disclaims any other agency or authority to act on behalf of the Store, and assumes no liability or responsibility for any acts or omissions of the Store, either within or outside of the Website.
Contract Created with Store
You acknowledge and agree that a legally binding contract with a Store is formed when you and that Store agree on the terms of a Commodity. Marché commun is not a party to any such agreement and the formation of an agreement for a Commodity will not, under any circumstances, create an employment or other service relationship between Marché commun and the Client. Neither Stores nor Clients have authority to enter into written or oral — whether implied or express — contracts on behalf of Marché commun.
Stores are Independent Businesses
Marché commun does not provide Commodities and does not employ people to perform Commodities. Marché commun does not provide or contract for Commodities; Stores and Clients contract independently for the provision of Commodities. Marché commun is not an employment agency service or business. Stores on the Website are independent businesses or contractors. Stores set their own rates. Marché commun does not set Stores’ hours or terms of work. Stores are free to accept or reject Clients and contracts. Stores are not penalized for rejecting Clients or contracts. Marché commun does not control or direct the Stores’ performance of their services or set their work locations or work hours. Stores provide services under their own name or business name, and not under Marché commun’s name. Stores provide their own tools and supplies to perform their services; Marché commun does not provide the tools or supplies. Stores are free to maintain a clientele without any restrictions from Marché commun and are free to offer and provide their services elsewhere, including through competing platforms.
Marché commun does not control the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Commodities provided by Stores nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Stores. Marché commun does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Website. Marché commun makes no representations or warranties whatsoever with respect to Commodities offered or provided by Stores or requested by Clients through the Website, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Store. Marché commun does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Commodities on the Website. The Client must decide whether a Store is suited to such Client's needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with any stranger.
Fees, Scheduling, Cancellations, Disputes
Using Marché commun is free. You only pay fees when you make a purchase at a local Québec Store. To make a purchase from a Store, you click or otherwise indicate your interest in purchasing a Commodity. If you make a purchase of Commodities with one of the Stores, the Website will facilitate that contract by collecting payment from you. All fees quoted are in Canadian Dollars (CAD). When you make a purchase from a Store on the Website, Marché commun will charge you for the Commodity)ies) as follows: the Store’s price for the Commodity(ies)plus (i) any applicable delivery charges; plus sales taxes. You will also have an option to leave a tip for the delivery courier. If the Commodity is a service, although the Website is designed to provide a Store's availability in real-time, it is possible that a scheduling conflict may occur that requires the Store to reschedule your reservation. If the Commodity is a service, creation of a reservation using the Website is not a guarantee that the Store will honor the reservation as scheduled. If you cancel an order for a Commodity before it has been picked up by the courier we will do our best to arrange a refund from the Store, but we cannot guarantee a refund. Kindly contact the Store directly if you have a cancellation request for a Commodity. Please note that when ordering food prepared to order, if the restaurant has started preparing the order already, you cannot cancel your order as this would represent a loss for the restaurant and food waste for the environment. If you wish to change delivery to a pickup before your order has been picked up by the courier, please notify the restaurant within 15 minutes of placing the order.
To be able to order alcohol, you must be at least 18 years of age (proof of ID at door required) and you must order food with the alcohol. If the Commodity is a service, for any appointments for Commodities that you fail to attend, the Store shall be entitled to a no-show fee of a minimum of 15% of the Store Fee. If you cancel or do not show for an appointment for a Commodity, your credit card may still be charged in accordance with the cancellation policy of the Store posted on such Store's Marché commun page at the time of your booking, at the Store's discretion. Stores, as separate entities from Marché commun, are solely responsible for all customer service issues relating to such Store's goods or services, including without limitation, any Commodities, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Store, any personnel, their policies or processes. Marché commun facilitates the payment transaction between you and each Store, but is not responsible for mediating any resulting disputes.
When you connect with a Store using our Website, and decide to buy Commodities from them, we will prompt you for payment of the Order Total. The Website allows Clients to pay for Commodities through a payment service provider retained by Marché commun (the "PSP"), including card-based payments initiated with credit cards including MasterCard and Visa. Currently, the PSP is CHK PLZ. By using the CHK PLZ’s payment processing services you agree to PSP’s Terms of Service. Clients will be required to provide their credit card details to Marché commun and the PSP. By entering your payment information when requested, you authorize Marché commun and its payment processors to charge and process the Order Total . As a condition of Marché commun enabling payment processing services through the PSP, you agree to provide Marché commun accurate and complete information about you and/or your business, and you authorize Marché commun to share it and transaction information related to your use of the PSP services. Marché commun reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so. While Marché commun takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Marché commun is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. For any issues with an order from a Store, you must contact the Store directly and they will attempt to resolve the issue. If you were not able to resolve the issue with the Store directly, you may contact us at firstname.lastname@example.org. You are not allowed to chargeback or dispute a payment for an order placed on the Website through your bank, unless in a true case of stolen card or identity, in which case this must be reported to your bank and to Marché commun as soon as possible. All order-related disputes will be resolved by the Store directly as they care about their customers and their business. “Friendly fraud” chargebacks are harmful to the Stores and cause undue losses. It is the responsibility of a parent of a child under the age of 16 years of age to ensure that there is no unauthorized use of their credit cards or Marché commun account. Marché commun, its stores and partners will not be liable for any misuse or subsequent loss. We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of this Customer Agreement or any other Marché commun agreement, or that it exposes Stores, other Marché commun Users, the PSP or Marché commun to harm. “Harm” includes fraud and other criminal acts as determined by Marché commun in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
You may terminate this Customer Agreement at any time by ceasing all use of the Website. All parts of this Customer Agreement which by their nature should survive the expiration or termination of this Customer Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Customer Agreement or your use of the Website. Marché commun reserves the right, in its sole discretion, to terminate your use of the Website if you violate this Customer Agreement or for any reason or no reason at any time. We may also suspend your access to the Website if you have violated the terms of this Customer Agreement, any other agreement you have with Marché commun, pose an unacceptable credit or fraud risk to us, provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or for any other reason at Marché commun's sole discretion. If your Account is terminated or suspended for any reason or no reason, you agree: to continue to be bound by this Customer Agreement, to immediately stop using the Website, that any licenses granted to you under this Customer Agreement shall end, that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and that Marché commun shall not be liable to you or any third party for termination or suspension of access to the Website or for deletion or hiding of your information or account data. You agree that Marché commun may retain and use your information and account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Website. Any termination of this Customer Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Customer Agreement. Marché commun is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in Marché commun's sole discretion ("Fraudulent Actions"). By using the Website, you hereby release Marché commun from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Marché commun of any Fraudulent Actions which may affect the Website. Marché commun reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions. Marché commun has the right to restrict anyone from completing registration as a Client if such a person may threaten the safety and integrity of the Website, or if such restriction is necessary to address any other reasonable business concern.
Public Areas; User-Generated Content “User Generated Content” is defined as any information and materials you provide to Marché commun, its corporate partners, or other Users in connection with your registration for and use of the Website and participation in Marché commun promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas (defined below). You are solely responsible for User Generated Content; we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Marché commun is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Marché commun has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Customer Agreement. You hereby represent and warrant to Marché commun that your User Generated Content: will not be false, inaccurate, incomplete or misleading; will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); will not be defamatory, libelous, malicious, threatening, or harassing; will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Marché commun or otherwise purport to act as a representative or agent of Marché commun; and will not create liability for Marché commun or cause Marché commun to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers. The Website hosts User Generated Content relating to reviews and ratings of specific Stores (“Feedback”). Feedback is your opinion and not the opinion of Marché commun, and has not been verified or approved by Marché commun. You agree that Marché commun is not responsible or liable for any Feedback or other User Generated Content. Marché commun encourages you to give objective, constructive and honest Feedback about Stores. Marché commun is not obligated to investigate any Feedback for accuracy or reliability or to consider any statements or materials posted or submitted about any Feedback but may do so at its discretion. You may request removal of a review that violates this Customer Agreement by contacting us at email@example.com. Marché commun respects the personal and other rights of others, and expects you to do the same. Marché commun is entitled to identify a user to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. If you believe, in good faith, that any User Generated Content provided on or in connection with the Website is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), you must notify Marché commun.
You agree not to: send or otherwise post unauthorized commercial communications (such as spam) on the Website. collect other users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website. upload viruses or other malicious code. solicit login information or Account IDs or access an account belonging to someone else. bully, intimidate, or harass any user. develop, advertise or otherwise market mature content. use Marché commun to do anything unlawful, misleading, malicious, or discriminatory.do anything that could disable, overburden, or impair the proper working of Marché commun or the Website, such as a denial of service attack. facilitate or encourage any violations of this Customer Agreement. The Website may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use Public Areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Website, you should not share your personal contact information with other users. You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Marché commun will not be responsible for the action of any users with respect to any information or materials posted in Public Areas.
Use of Website; Limitations and Changes to the Referral Services
We may change, modify, suspend, or discontinue all or any part of the Website at any time, with or without reason. You acknowledge that the Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Marché commun shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Website. Marché commun has no obligation to maintain or update the Website or to continue producing or releasing new versions of the Website. We will make reasonable efforts to keep the Website operational 24 hours a day/7 days a week, except for: planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to: keep your Registration Data and contact information accurate and up-to-date; and keep your Account IDs and Account information confidential and do not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
Health Information The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. The Website is not intended to be used to communicate protected health information. You should not share any protected health information, whether of yourself or any other person, via the Website.
The Website contains content and technology of Marché commun that is protected by copyright, trademark, patent, trade secret and other laws. Marché commun owns intellectual property rights to any protectable part of the Website, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Marché commun Property''). You may not copy, modify, or reverse engineer any part of the Website or Marché commun Property. Any other trademarks, service marks, logos and/or trade names appearing via the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. In order to operate the Website, Marché commun needs to make certain use of your publicly posted content. Therefore, by posting, uploading or submitting to Marché commun, or making available for inclusion in publicly accessible areas of Marché commun, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant Marché commun a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Website and any services or products affiliated with the Website, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Marché commun and will terminate at the time such Content is removed from the Website by you or by Marché commun; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Website to the extent that Marché commun needs to use such Content in connection with any investigation or in compliance with any laws. You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Marché commun reserves the right to remove or hide or change any images without notice. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).Marché commun reserves the right to remove or hide any Content from the Website, at its sole discretion. Marché commun respects the intellectual property of others. Marché commun may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who Marché commun, in its determination, believes have repeatedly infringed others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Marché commun's copyright agent via email to firstname.lastname@example.org: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; description of where the material that you claim is infringing is located on the site, including a url link; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The term “Confidential Information” shall mean Marché commun Property and any and all of Marché commun’s trade secrets, confidential and proprietary information, and all other information and data of Marché commun that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other confidential information relating to Marché commun or Marché commun’s business, operations or properties, including information about Marché commun’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Marché commun and agree that you will not, for the lifetime of your account on Marché commun plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Website in accordance with this Customer Agreement. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Marché commun in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Marché commun promptly upon deactivation of your User account or termination of this Customer Agreement for any reason whatsoever.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH STORES AND OTHER USERS AND IN THE PROVISION OR RECEIPT OF COMMODITIES. MARCHÉ COMMUN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE . MARCHÉ COMMUN IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE WEBSITE OR THROUGH THE WEBSITE OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS. IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE WEBSITE OR PURCHASE OF COMMODITIES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE WEBSITE OR THROUGH THE PURCHASE OF COMMODITIES. YOU UNDERSTAND THAT IN USING THE WEBSITE , SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER MARCHÉ COMMUN'S CONTROL (SUCH AS THIRD-PARTY SERVERS). MARCHÉ COMMUN MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARCHÉ COMMUN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARCHÉ COMMUN MAKES NO WARRANTY THAT (I) ANY COMMODITIES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (IV) THAT THE WEBSITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARCHÉ COMMUN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF COMMODITIES OFFERED OR PROVIDED BY STORES OR REQUESTED BY CLIENTS THROUGH USE OF THE WEBSITE WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY STORE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARCHÉ COMMUN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS CUSTOMER AGREEMENT.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARCHÉ COMMUN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) COMMODITIES FACILITATED BY THE WEBSITE OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. MARCHÉ COMMUN EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE WEBSITE . BECAUSE MARCHÉ COMMUN IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN STORES AND CLIENTS OR IN THE PROVISION OF ANY COMMODITIES, YOU HEREBY RELEASE AND FOREVER DISCHARGE MARCHÉ COMMUN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF COMMODITIES OR OTHERWISE.
You agree to defend, indemnify and hold harmless Marché commun and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Website; (ii) Commodities facilitated by the Website or any interaction between you and another user; (iii) your violation of any term of this Customer Agreement; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Website. This defense and indemnification obligations will survive the termination of this Customer Agreement and your use of the Website.
Updated as of March 17th 2021