Effective Date: December 1, 2015
Updated: December 1, 2015
The summary of the terms is not a part of the terms and conditions.
1.1 These terms and conditions (“Terms”) applies when Pokemall AB, reg. no. 559020-2916, address Eriksbergsgatan 19, 114 30 Stockholm, Sweden, e-mail: firstname.lastname@example.org, (“Pokemall”) supply the Pokemall webpage www.pokemall.co (the “Webpage”) and the mobile application (including mobile and device applications) that allows user who comply with Pokemall’s terms and policies to offer, sell and buy goods (the Webpage, mobile applications and services provided by Pokemall are collectively referred to as the “Services”).
- We are an online classifieds service that allows users to browse, upload and buy goods and services.
1.2 The Services which are made available on this Webpage and mobile application by us from time to time will, among other things, allow you to create, publish and manage written advertisements for goods for sale or for wanted goods; advertisements of the provision of services, contact other users of the Webpage and mobile application; post comments on the Webpage and mobile application; search our database for advertisements regarding a specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the Webpage and mobile application; download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials; view third party material and receive short service messages (SMS).
1.3 Pokemall is not directly involved in the transaction between buyers and sellers. Hence, Pokemall has no control over the quality or legality of any aspect of the items listed, the accuracy of the listings, the ability of sellers to sell items listed or the buyers to pay for items.
- When you create an account with Pokemall you also enter into a legally binding agreement with us.
1.5 By accessing and using the Service, you confirm that you have read, understood and accepted this Agreement and that you agree to abide by its terms and conditions each time you access and use the Service. If you do not agree to all of this Agreement you should not use our Service.
1.6 Pokemall reserves the right to alter these policies at any time. Your continued use of Pokemall and Services after such changes have been posted shall constitute your acceptance of such revised Terms.
1.7 We are using a third party supplier for administering any payments made by the users using the Service, meaning that he or she is required to enter into a User Agreement for Payment Services with the third party supplier.
- When using Pokemall you allow us to collect data need to create your account and to provide you with the Service.
2. Registration and Account Creation
2.1 In order to be eligible to use Pokemall’s Service you must be at least 18 years of age and capable of form a legally binding contracts under applicable law. Individuals under the age of 18 must at all times use Pokemall’s Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. The adult shall be responsible for the minor’s activities.
2.2 In order to use the Services, you will have to create a user account and sign in to your account on the Webpage or Mobile application. The instructions on how to create a user account are set forth on the Webpage.
2.3 You may choose a username and a password but you may also use one of the selected social media accounts as set forth on the Website from time to time, to sign in to your user account on the Webpage or application.
2.4 You agree that all registration information that you provide is accurate and up to date. In our sole discretion, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.
2.5 When creating your user account, you will be asked to submit certain information about yourself such as:
your profile picture
country of residence
The information will be used to provide the Services to you.
2.8 Pokemall does not claim ownership of any user generated content uploaded on the Website. You hereby grant to Pokemall a non-exclusive, fully paid and royalty-free, transferable, worldwide license to use any content you publish on the Pokemall website.
2.9 Pokemall may also provide users with new services. Such new services can be associated with particular conditions. If the user wants to activate the new service user must accept the special conditions applicable to that service.
- You may receive offers and news from Pokemall and our partners. If you do not want it, you can opt-out.
2.10 Pokemall and its advertisers and partners in the advertising networks can come to send direct offers to the users via Pokemall, e-mail or otherwise. Marketing aimed directly to users to comply with applicable laws, codes of conduct and ethical guidelines. By creating an account at Pokemall, you agree to Pokemall and its partners and advertisers, ad networks targeted offers to you. If you no longer wish to receive targeted offers you this in writing to Pokemall. The service may also include links to or offers from external partners who have other conditions than Pokemall. Users are encouraged to become familiar with these terms.
3. Pricing and fees
3.1 Is is free to download the Mobile application and to create an account on Pokemall. Users may choose to pay for additional services and functionality when using Pokemall’s services.
4. Creating an Advertisement
4.1 By listing an item on Pokemall you warrant that you and all aspects of the item comply with Pokemall’s published policies and the Prohibited items list. You also warrant that you may legally sell the item.
4.2 Once you have completed the process of submitting your advertisement we will send you a notification in the app or in an email confirming receipt of your order for the Services, this email does not constitute an acceptance of your order. Your order for posting an advertisement on our Webpage and/or application will not be accepted and an agreement concluded between Pokemall and yourself until the payment for the Services has been received by us. By submitting your advertisement to us, you are deemed to have agreed to this Agreement.
4.3 Once your advertisement is posted on the Website your request for our services cannot be cancelled at that stage. Prior to the advertisement appear on the Webpage and mobile application you may cancel the advertisement by contacting us at email@example.com.
5. Binding Sale and Fees
5.1 All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.
5.2 The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
5.3 The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.
5.4 Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location and price or use another user's account without permission.
6. Permitted use
- You are allowed to copy and save data but you are not allowed to misuse the Service.
6.1 It is not permitted to reproduce, copy, modify, distribute, sell, trade, resell or exploit the Service provided by Pokemall. For personal use, it is allowed to download, copy and save information from Pokemall. It is not allowed to unduly exploit Pokemall or otherwise abuse the Service.
- You are responsible for any reviews and communication you perform on the Website.
6.2 You are responsible for, and hereby warrant that:
(i) You are at least 18 years of age;
(ii) You keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality;
(iii) When creating an advertisement you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
(iv) You are solely responsible for any reviews, messages, notes and tips and other content you upload, publish or display to members of the Pokemall community and users of the Service;
(v) The content that you upload or put into the Service (including any messages to other users of the Service) does not infringe on someone else's rights or otherwise conflict with the law or the rights of others.
(vi) You have the right to dispose of your external credentials and content, and that you have obtained the requisite consents to the extent required to use Pokemall and for Pokemall to have the right to provide you with its Services.
(vii) You will not use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
(viii) You are not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional material, “junk mail”, “spam”, chain letter”, “pyramid schemes” or any other form of solicitation;
(ix) You shall not use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Webpage, the application and/or the Service.
6.3 You agree to comply with all applicable local laws regarding online conduct and acceptable content. Furthermore, you may not list any item on Pokemall (or consummate any transaction that was initiated using our Service) that could cause Pokemall to violate any applicable law, statute, ordinance or regulation, or that violates the Terms.
6.4 You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Pokemall and any of our Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make with the use of Pokemall (excluding any taxes on Pokemall’s net income).
6.5 You agree that you are responsible for all data charges you incur through the use of Pokemall.
- We will do our outermost to make all the details of the service to be correct but cannot promise that there will never be wrong.
7. Breach of Contract and Liability
7.1 Pokemall has the right at any time to cancel a user account and close an account if the user violates these Terms or otherwise use Pokemall in a way that may cause We are Pokemall or third parties any harm.
7.2 We intend that all information in Pokemall is accurate and as up to date as possible, we cannot guarantee the availability of Pokemall or the reliability or accuracy of the information that is presented in Pokemall. We cannot be held accountable for whether service is down or if any information or functionality does not work as expected.
7.3 We have no obligation to monitor or moderate any user's activity or use of our Webpage and application and/or the l Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with these Terms.
7.4 We are under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to: (i) the service Pokemall; (ii) the content and user generated content of the Website and Pokemall’s applications; (iii) your use of, or inability to use or the performance of Pokemall, or; (iv) any action taken in connection with copyright or other intellectual property owners.
7.5 As Pokemall is not the provider of the payment services to the users of the Service, which services have been outsourced to third party suppliers, we cannot assume any warranty and/or liability regarding the payment services provided by the payment service third party supplier or any other third party supplier.
- To use Pokemall is free, but if you chose to use any additional services provided by third parties you agree to additional terms.
8. Disclaimer of Warranty
8.1 The Webpage and the Services are provided ‘as is’ without warranty of any kind and your use of the Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Webpage or the Services. We advise you not to trust the accuracy of the Services and expressly disclaim all liability regarding the functionality of the Services. Your use of Pokemall is on your own risk.
8.2 There may be situations when the Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
9. Intellectual Property Rights
9.1 You agree that the Webpage and the Services contain content specifically provided by us or third parties and that such content may contain intellectual property rights.
9.2 You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Webpage or which you gain access to in connection with the Services.
9.3 You may only use the content of the Webpage for your own use of the Services and you must not use the content of the Webpage in breach of applicable law or these Terms. You may use such content only for the purpose of using the Services.
9.5 You agree that the content published on the Webpage may belong to third parties, and that we do not have control over such content. Therefore, you agree that we shall not be held responsible for any such content provided by third parties and displayed on or contained in the Webpage or the Services.
9.6 The Pokemall name and logo are pending trademarks of Pokemall, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pokemall.
10. Third Party Webpages
- Neither you nor us will be responsible for matters that we cannot control.
11. Force Majeure
11.1 A Party is not responsible for any delay or loss due to circumstances that the party has no control of and which significantly hamper the fulfilment of the obligation in question, or that causes the fulfilment of the obligation not to be economically justifiable.
- We may modify these Terms but we will inform you of any changes beforehand.
12. Modification of the Terms
12.1 We have the right at any time to change or modify Pokemall, change the Terms or to stop providing Pokemall. We shall give reasonable notice to the user when changing conditions. If you do not accept the amended terms, you have the right to terminate the agreement with us before the amended terms become effective.
12.2 Please check these Terms from time to time as your continued use of the Service means you accept the Terms at the time of your use.
- You may terminate your account at any time whereby we will delete all content.
13. Terminate an Account
13.1 You may at any time terminate your account and your use of the service by selecting the "Deactivate Account" or similar function in the service or by contacting Pokemall otherwise. We will then delete all the external credentials and all other information, which may be attributed to you.
14.1 You will indemnify and hold Pokemall (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
- If we against all odds would not come to an agreement, Swedish law will apply.
15. No Agency
15.1 You and Pokemall are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16.1 You may not transfer or assign any rights or obligations and licenses granted under these Terms. Pokemall has the right to assign its rights and obligations under these Terms. Furthermore, we have the right to subcontract the performance of our duties.
16.2 These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.
16.3 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by these Terms.
16.4 Except as explicitly stated otherwise, any notices shall be given by e-mail to firstname.lastname@example.org (in the case of Pokemall) or, in your case, to the email address you provide to Pokemall (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Pokemall may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Pokemall. In such case, notice shall be deemed given three days after the date of mailing.
17. Choice of Law and Dispute Resolution
17.1 These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
17.2 Disputes arising out of or in connection with these Terms or your use of the Service, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Stockholm as the first instance, unless otherwise provided by mandatory law.