Privacy Policy

PRIVACY POLICY

Data privacy

1. Buyers agree to processing of their personal data in accordance with the terms of Ecakesgh Privacy and Cookie Notice.
2. Ecakesgh shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
4. Sellers shall be directly responsible to buyers for any misuse of their personal data and Ecakesgh shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

Due diligence and audit rights

1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
2. You agree to provide to us all such information, documentation and access to your business premises as we may require:

• • in order to verify your adherence to, and performance of, your obligations under this Agreement;
  • for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
  • as otherwise required by law or applicable regulation.

Ecakesgh role as a marketplace

1. You acknowledge that:

• • we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
  • we do not check, audit or monitor all information contained in listings;
  • we are not party to any contract for the sale or purchase of products advertised on the marketplace;
  • we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
  • we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

2. We do not warrant or represent:

• • the completeness or accuracy of the information published on our marketplace;
  • that the material on the marketplace is up to date;
  • that the marketplace will operate without fault; or
  • that the marketplace or any service on the marketplace will remain available.

3. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
4. We do not guarantee any commercial results concerning the use of the marketplace.
5. To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

Limitations and exclusions of liability

1. Nothing in these general terms and conditions will:

• • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities or statutory rights that may not be excluded under applicable law.

2. The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:

• • are subject to section 13.1; and
  • govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.

3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 13.4.
5. Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:

• • any losses occasioned by any interruption or dysfunction to the website;
  • any losses arising out of any event or events beyond our reasonable control;
  • any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
  • any loss or corruption of any data, database or software; or
  • any special, indirect or consequential loss or damage.

6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Indemnification

1. You hereby indemnify us, and undertake to keep us indemnified, against:

• • any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Kelshops codes, policies or guidelines; and
  • any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

2. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
3. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Breaches of these general terms and conditions

1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Ecakesgh codes, policies or guidelines in any way we may:

• • temporarily suspend your access to our marketplace;
  • permanently prohibit you from accessing our marketplace;
  • block computers using your IP address from accessing our marketplace;
  • contact any or all of your internet service providers and request that they block your access to our marketplace;
  • suspend or delete your account on our marketplace; and/or
  • Commence legal action against you, whether for breach of contract or otherwise.

3. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Entire agreement

1. These general terms and conditions and the Ecakesgh codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

Hierarchy

1. Should these general terms and conditions, the seller terms and conditions, and the Ecakes codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Ecakesgh codes, policies and guidelines shall prevail in the order here stated.

Severability

1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

Third party rights

1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

Law and jurisdiction

1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.