YELLOW MARKETS - TERMS AND CONDITIONS

Terms and Conditions Relating to the Use of This Marketplace - Yellow Markets (Mauritius).

Introduction

These Terms and Conditions (“Terms”) govern the use of the marketplace website or mobile application (the “Marketplace”) owned or operated by MYP Online Marketing (the “Company”). These Terms and Conditions, together with our Privacy Policy and any other policies, notices on the Marketplace and on the Company's term page and system notifications and/or guidelines provided to you from time to time, set out the legally binding terms of use of the Marketplace.

By accessing, browsing, downloading and/or using the Marketplace you (hereinafter referred to as the “User”) accept, without limitation or qualification, these Terms and Conditions and agree to be bound by them.

Changes to Our Terms and Conditions

We reserve the right to make changes to our Marketplace, policies, and these Terms and Conditions at any time. When these changes are made, the Company will make a new copy of the Terms and Conditions available on the Marketplace. You are responsible for regularly reviewing these Terms and Conditions so that you remain aware of any changes. Your continued use of the Marketplace will be deemed as your acceptance of the then-current Terms and Conditions and all applicable laws. If you do not agree with any of these Terms and Conditions, or any updates thereto, your only remedy is to discontinue using the Marketplace.

Access to and Use of the Marketplace

The Marketplace is only intended for use by individuals aged 18 years or older. By using the Marketplace, you represent and warrant that you are at least 18 years of age or the appropriate age of majority in the jurisdiction in which you reside.

The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Marketplace and the material thereon, subject to the Terms and Conditions set forth herein. You acknowledge and agree that you may not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Marketplace without prior written permission from us.

1. When registering with the marketplace, each user agrees to provide true, accurate, current, and complete information about themselves as required by the registration form and any additional forms that may be required by the Marketplace. It is each user’s sole responsibility to maintain and update registration and other account information with current and accurate details.
2. The User is solely responsible for maintaining the confidentiality of their username, account information and password and is fully responsible for any activities that occur under that username. User agrees to immediately notify the Marketplace of any unauthorised use of their username, account information, and/or password.
3. When using the Marketplace, users agree not to: a) Violate any law, court order or legal process; b) Post or transmit any material or information which infringes or violates the rights of any other party, defame, abuse, harass or disrupt the normal business operations of other users; c) Interfere with any third party’s use and enjoyment of the services; d) Collect or store personal data about other users; or e) Use any device, software, or routine or take any other action which interferes with the operation or use of the services or any other user’s use of the services.
4. The Marketplace reserves the right, in its sole discretion, to discontinue or modify any of the services at any time, with or without notice. The Marketplace is not responsible for any claims of any kind resulting from such discontinuation or modification.
5. User agrees to abide by these terms and conditions and any additional terms and conditions that may be updated, added or interlinked. The Marketplace reserves the right to terminate any account and restrict access at any time, with or without cause and without prior notice.
6. Prices, Payment and Fees
   Prices shall be as agreed upon by the parties at the time of sale. Payment must be made according to the payment methods set out on the Marketplace. The User agrees to pay for any goods or services purchased through the Marketplace in accordance with these Terms and Conditions, and policies published on yellowmarkets.com or within the respective account e.g. Merchant fees applicable are set out in transaction conditions within the respective section of the Merchant account.
7. User Generated Content
   The Marketplace may permit users to submit content such as text, photographs, videos, audio recordings, comments, and other content (collectively, the “User Generated Content”) for display on the Marketplace. By providing or submitting User Generated Content, you grant the Company with a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, and publicly display such content. User agrees that the User Generated Content provided is owned by the User, or that the User has obtained the legal right to use through licence and/or permission of the rightful owners. All User Generated Content must comply with applicable law and these Terms and Conditions. The Company reserves the right to remove any User Generated Content that is deemed to violate any applicable law, these Terms and Conditions, or our Privacy Policy.
8. Disclaimers
   The Company is not liable for, and explicitly disclaims, any and all representations, warranties, and conditions of any kind, express or implied, including without limitation, warranties or conditions with respect to the accuracy, timeliness, or completeness of the Marketplace, User Generated Content and any other information provided or obtained from the Marketplace. The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Marketplace or any part thereof, with or without notice, and will not be liable to the User or any third party in the event of any such modification, suspension, or discontinuance.
9. Governing Law
   These Terms and Conditions will be governed by and construed in accordance with the laws of The Republic of Mauritius. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between us regarding the Marketplace, and supersede and replace any prior agreements, if any, regarding the Marketplace.

Obligations

1. Shoppers´Obligations
   1. Shoppers must be at least 18 years old and have the right to use the online marketplace when making purchases.
   2. All information that shoppers provide to the online marketplace must be true and accurate.
   3. Shoppers must always comply with all applicable laws.
   4. Raising An Enquiry Process;
      1. In order to address tickets effectively, Shoppers are required to provide photographic evidence of any issues encountered with the product within 2 bank days of receiving the product.
   5. Merchants have the right to deny replacement or refund, as per their policies, or they evaluate that they are not at fault.
   6. Shoppers can raise a Resolution request to Yellow Markets in cases where they believe that Merchant has made a wrong decision.
   7. Upon mutual agreement between the Shopper and the Merchant, only one of these two following conclusions are final:
      1. In Fvour Of Merchant,
      2. In Favour Of Shopper.
   8. Any refunds are to be processed within 5 bank days from decision.

1. Merchants Obligations:
   1. Merchants must provide accurate information about the products they offer on the Marketplace and assure the quality of all products sold.
      Merchants are responsible for properly processing the shoppers´ orders.
   2. Merchants must provide prompt customer service and address any resolution requests shoppers might have about their purchase.
   3. Merchants are not to try to circumvent sales and payment processes. Such an attempt will be subject to suspension of account.
   4. Merchants must always comply with all applicable laws including holding a Business Registration Number to trade service and products in Mauritius.
   5. Order Process
      1. Shoppers can place their orders though the online marketplace. An order confirmation will be sent by email to the shopper.
      2. Merchants must fulfil the orders in a timely manner and ensure that the products are delivered as promised
      3. When the payment is processed, the shopper will receive an email confirmation with a link to their account for a downloadable invoice that contains details regarding their purchase.
      4. For orders that are cancelled in accordance with the Marketplace and Merchant´s conditions of cancellation, an email will be sent to the shopper.
      5. For part or full refund of payment the shopper will receive an email confirmation with a link to their account for a downloadable credit note that contains details regarding their refund.
   6. Merchant´s Own Delivery
      1. It is advised for merchants to take a photo of the product before, during and after packaging it for delivery. This will serve as evidence in case of any resolutions raised by Shoppers.
      2. Where a Merchant does not have visual documentation as part of a refund or replacement process, decisions will be most likely in favour of Shoppers claims.
      3. Merchants are responsible to update Shoppers on the delivery status.
   7. YM Delivery Service
      1. Merchants can choose to use YM delivery service. This requires merchants to enter the product dimension in terms of size (length, height and width) in centimetres (cm) and the weight in kilograms (kgs) within the product setup.
      2. The dimension facilitates order of multiple products, by Shopper, by enabling YM delivery cart system to appropriate each item specific to their weight and size into delivery box size, thereby minimising shipment cost for all parties and reducing carbon footprint.
      3. It is advised for merchants to take a photo of the product before packaging. YM delivery service will take photos, at pick up and at  delivery. This will serve as evidence in case of any resolutions raised by the Shopper.
   8. Price, Shipping, Delivery and Refunds
      1. Merchants must clearly list the price of the products and all applicable fees.
      2. All shipping or delivery fees, if applicable, must be specified in terms of applicable fees.
      3. All refunds and returns must be handled by the merchant, and in accordance with the applicable laws. In cases where the Marketplace is required to intervene as part of a resolution process, transaction fees may apply.
   9. Enquiry And Resolution Process
      1. Merchants should commit to respond within 3 bank days to any enquiry for replacement or refund, or resolution request raised by a Shopper.
      2. Merchants are required to submit the specific photographic evidence if asked for.
      3. It is understood that where a Shopper is denied a replacement or refund; the Shopper can raise a Resolution request to Yellow Markets.
      4. Upon mutual agreement between the Merchant and the Shopper, only one of these two following conclusions are final:
         1. In Favour Of Merchant,
         2. In Favour Of Shopper.
   10. Merchants must be aware that funds related to the order under resolution process will now be available within their Transactions section.
       Any refunds are to be processed within 5 bank days from decision.

Limitation and Liability

1. Shoppers and Merchants use the Marketplace at their own risk. Neither party can hold the Marketplace liable for any damages or losses that may arise as a result of their use.
2. The Marketplace is not responsible for any disagreement that may arise between Shopper and Merchant.
3. The Marketplace may suspend, limit or terminate access for any user who fails to comply with these terms and conditions.

Last Updated: 06/02/2024