TERMS OF USE

Marqesa Inc. - English version

These Terms establish the general framework of the Marqesa marketplace. They are designed to remain clear and applicable as the platform's partners, technologies and operating methods evolve.

TABLE OF CONTENTS

1. Marqesa's role and scope
2. Eligibility, account and security
3. Marketplace operation
4. Listings, products and content
5. Orders and payment
6. Delivery
7. Returns, refunds and order issues
8. Reviews, messages and conduct
9. Off-platform transactions
10. Intellectual property
11. Fraud, security and investigations
12. Rule enforcement and accounts
13. Availability and liability
14. Privacy
15. Changes
16. Applicable law, disputes and contact

Marqesa's role and scope

Marketplace

Marqesa Inc. operates a marketplace enabling independent sellers to offer products to buyers. Unless expressly stated otherwise, Marqesa is not the seller of products offered by those sellers.

Scope

These Terms govern access to and use of Marqesa. They apply together with the Buyer Center, Seller Center and Privacy Policy according to the user's role.

Mandatory rights

Nothing in these Terms limits mandatory rights granted under applicable laws in Canada.

Eligibility, account and security

Age

Transactional features are limited to persons at least 18 years old who can enter into a contract.

Accurate information

Users must provide accurate information, keep it current and protect their credentials. They should promptly report known unauthorized use of their account.

Verification

Marqesa may request verification reasonably necessary for security, fraud prevention, enforcement of its rules or legal compliance.

Marketplace operation

Independent sellers

Sellers are responsible for their products, listings, prices, inventory, authenticity, compliance, order preparation and obligations to buyers.

Marqesa's role

Marqesa provides and administers the platform and may facilitate transactions, communications, delivery, moderation, security and resolution of certain issues.

No absolute seller guarantee

Approval, verification or presence of a seller on Marqesa is not an absolute guarantee of that seller's conduct, products or business.

Listings, products and content

Accuracy

Published information must be accurate and not misleading. Marqesa may correct, hide, restrict or remove content that violates its rules or law.

Prohibited products

Illegal, counterfeit, stolen, recalled or unacceptably dangerous products, and categories prohibited by Marqesa, may not be offered.

User content

Users remain responsible for content they publish and must have the necessary rights. They grant Marqesa a non-exclusive licence reasonably necessary to host, display, reproduce and promote that content in connection with Marqesa and its services.

Orders and payment

Transaction information

Essential order information, including product, price, applicable charges, displayed taxes, delivery terms and relevant restrictions, is presented during the ordering process.

Payment providers

Marqesa may use one or more payment providers and payment methods. These may change without amendment of these Terms.

Controls

Marqesa may refuse, hold or review a transaction where reasonably necessary to prevent fraud, manage risk, address an anomaly or comply with law.

Delivery

Partners

Orders may be handled by different delivery partners. Available options, charges and estimated timelines may vary by order, destination and service.

Address and tracking

Buyers must provide an accurate address. Available tracking and delivery information may be used to inform the parties and review an issue.

Timelines

Delivery timelines are estimates unless expressly committed otherwise or required by law. Parties must reasonably cooperate when delay, loss or another anomaly is reported.

Returns, refunds and order issues

Commercial policy

Subject to rights under applicable laws in Canada, an eligible product may be requested for return within 30 business days after delivery.

Return costs

Under Marqesa's commercial policy, return shipping costs are borne by the buyer unless a more favourable condition is displayed for the transaction or law requires another outcome.

Refund

Where a physical return is required, Marqesa may wait for receipt or validation of the product before processing or facilitating a refund, unless law requires otherwise.

Special cases

Damaged, defective, incorrect, counterfeit or materially non-conforming products may be subject to a different outcome depending on the circumstances and applicable rights.

Reviews, messages and conduct

Reviews

Reviews must reflect a genuine experience. Fake, purchased or manipulated reviews, threats, spam, illegal content and unjustified disclosure of personal information are prohibited.

Messages

Communication tools must not be used for harassment, fraud, spam or platform circumvention.

Good faith

Users must act in good faith in orders, returns, claims, reviews and communications.

Off-platform transactions

Prohibition

Users must not move a transaction initiated on Marqesa to off-platform payment to avoid applicable rules, fees or protections.

Risk

Marqesa may be unable to protect, verify or resolve a transaction voluntarily completed outside its systems.

Intellectual property

Marqesa

Marqesa's name, trademarks, interface, text, graphics, software and other proprietary content are protected by applicable rights.

Third-party rights

Users must respect the intellectual property rights of others. Marqesa may remove or restrict content subject to a credible complaint and may request evidence or explanations.

Fraud, security and investigations

Investigations

Marqesa may review accounts, orders, listings, communications, tracking, delivery evidence and other relevant information when an issue, fraud or violation is reasonably suspected.

Cooperation

Users must reasonably cooperate and provide accurate information when verification is necessary.

Protection

Marqesa may take temporary measures during an investigation where reasonably necessary to protect users, the platform or relevant funds.

Rule enforcement and accounts

Measures

Depending on seriousness and circumstances, Marqesa may request correction, remove a listing, restrict a feature, cancel or block activity where permitted, suspend or close an account.

Serious violations

Fraud, counterfeiting, illegal products, serious threats, security breaches or repeated violations may justify immediate action.

Effects

Suspension or account closure does not erase obligations already arising from an order, return, refund, dispute or law.

Availability and liability

Service

Marqesa seeks to provide a reliable service but does not guarantee that the platform will always be available, error-free or compatible with every device.

Third parties

To the extent permitted by law, Marqesa is not responsible for independent acts of users, sellers, partners or other third parties it does not control.

Legal limits

Nothing limits liability or rights that cannot legally be limited or excluded.

Privacy

Policy

Collection, use, disclosure, retention and protection of personal information are described in Marqesa's Privacy Policy.

Providers

Marqesa may use service providers and third parties for functions necessary to the platform, subject to applicable requirements.

Changes

Evolution

Marqesa may amend these Terms as the platform, practices, risks or law evolve. Material changes are communicated appropriately where required.

Applicable law, disputes and contact

Applicable law

These Terms are governed by applicable laws in Canada, subject to mandatory rights available to a user or consumer.

Resolution

Marqesa may offer an internal resolution or review process before other remedies, without preventing exercise of a mandatory legal right.

Contact

Marqesa Inc., 503-1144 Rockingham Ave, Ottawa, Ontario K1H 8L7, Canada. Email: [email protected]. Phone: 514-746-0691. Users may also use forms or contact methods available on the website.