These Terms of Service ("Terms") govern your use of the websites, mobile applications, and services (collectively, the "Services") provided by RETRO MARKET INC.
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information, and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term "you" in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and Retro Market Inc or between you and any different service provider identified for a particular Service. By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions, and policies referenced herein and/or available by hyperlink.
Retro Market reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
Subject to your compliance with these Terms, Retro Market grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
Retro Market acts as a venue for users to interact with each other, and to buy and sell items or services. Retro Market does not pre-screen a user or the Content provided by a user, nor is Retro Market directly involved in transactions between users. Consequently, Retro Market has no control over, and you agree that Retro Market is not responsible or liable for, any of the following:
You shall use the Services in accordance with these Terms and shall not:
Retro Market reserves the right to terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Retro Market ("Account") to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and your account information up to date at all times.
Comply with Retro Market’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by Retro Market and subject to these Terms and any other additional terms as Retro Market determines, you shall not set up multiple Accounts. You shall not lend, transfer, or sell your Account or user ID to another party and must not use another user's Account without their permission.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links, and other information ("Content").
You retain ownership rights in the Content which you upload or share on the Services but you grant Retro Market a worldwide, fully-paid, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Retro Market’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Retro Market does not pre-screen Content uploaded by users. Retro Market shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Retro Market shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
Retro Market may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
In using the Services to create a listing and offer an item for sale, and/or offer a service (as the case may be), you agree to comply with the following:
Without prejudice to the rest of these Terms and Retro Market’s policies, you warrant, in respect of each service and/or item which you offer for sale on the Services (as the case may be), that:
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item, you agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner
Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which Retro Market shall not be liable.
You acknowledge and agree that you may be charged card fees, commission fees and/or any other applicable transaction fees (collectively, the "Transaction Fees") by Retro Market, as follows:
Buyer (Payment Processing Fee): If you are a buyer of a transaction, once your order is accepted, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card or a PayPal account you successfully connect through the Platform.
Seller (Commission Fee): If you are a seller of a successful transaction, the Transaction Fees applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.
You can read more about the Transaction Fees in the FAQ (under their respective Buying and Selling sections).
To provide the Payment Services, you acknowledge that Retro Market may integrate the services provided by certain service providers, subcontractors, partners and/or agents ("Payment Service Providers") into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.
Information required for Payment Services: In order to use the Payment Services, you must provide Retro Market and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card or a valid PayPal account through the Platform. Retro Market and/or its related corporations uses such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe and PayPal to process payments and to manage the account information you have provided to us. Retro Market does not keep your debit or credit card details.
By providing the account information for a credit or debit card or PayPal, you represent and warrant, that: (i) you are legally authorized to provide such information to us; (ii) you are legally authorized to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
You agree to authorize Retro Market and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 9.
If you use any of the Payment Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third-party service providers, partners, subcontractors and/or agents ("Additional Terms"). You agree to comply with such Additional Terms including the terms and conditions set out in the Stripe and PayPal terms and conditions, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
You further agree that you are responsible for all purchases and/or sales made under your Account, including transactions which you did not authorize.
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Retro Market, Retro Market will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Retro Market from any claims, demands and damage arising out of your disputes with users of our Services.
You acknowledge and agree that Retro Market may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed Transaction ("Disputed Money") unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the seller to refund the Disputed Money to Retro Market (or its related corporations) or the buyer; and/or (iv) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all Retro Market instructions in accordance with this Clause.
In the event of a Disputed Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, Retro Market may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at Retro Market's reasonable discretion.
Your privacy is very important to us at Retro Market and we have provided the Retro Market Privacy Policy, which can explain our privacy practices. Please review the Privacy Policy to understand how Retro Market collects, uses, and discloses information collected and received from you.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Retro Market. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure, and organization of the Services are the intellectual property and proprietary and confidential information of Retro Market. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Retro Market.
The Services may utilize or include third party software that is subject to open source and third-party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third-party licenses applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall prevail regarding your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorized by Retro Market to use Retro Market’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Retro Market, which may be withheld for any or no reason.
Retro Market respects the intellectual property rights of others, and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please follow the steps provided hereto report the same to us.
Retro Market reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
You may deactivate your Account at any time through the "Settings" section of your Account.
Retro Market reserves the right to, at its sole discretion, and without liability:
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to back up the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an "as is" and "as available" basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Retro Market does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Retro Market’s servers are free of viruses or other harmful components.
All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Retro Market is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Retro Market or from the Services shall create any representation, warranty, or guarantee. Furthermore, you acknowledge that Retro Market has no obligation to support or maintain the Services.
Retro Market disclaims all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third-party content and services. Retro Market is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
In addition, the Services may promote, advertise, or sponsor functions, events, offers, competition, or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Retro Market does not accept any responsibility in connection with your participation in activities conducted by any other party.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL RETRO MARKET OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT RETRO MARKET WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RETRO MARKET’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNTOF FEES RECEIVED BY RETRO MARKET IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMSOR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF CANADIAN DOLLARS THEN STANDING TO THE RETRO MARKET COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Retro Market, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
You and Retro Market are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Retro Market to exercise a right or require performance of an obligation in these Terms shall not affect Retro Market’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
These Terms constitute the entire agreement between you and Retro Market and supersedes all prior or contemporaneous understandings and/or agreements between you and Retro Market.
You hereby agree that the laws of Canada shall govern this Terms and that the courts of Canada shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on January 26, 2023