Terms of use

SUNKAT Market Terms of use

These Terms of use apply to your use of the SUNKAT Market service and related web site.

About
1. SUNKAT Market accessed at https://market.sunkat.co.uk/ ('SUNKAT Market' or the 'Website') is an application service that allows allowing sellers to sell physical products through an online store front. SUNKAT Market Market is operated by SUNKAT Ltd Reg No 09396152 whose registered office is unit 1 Ronkswood Hill Worcester WR4 9ER RE
2. These Terms of Service, together with our Privacy Notice ('Terms'), govern your use of SUNKAT Market, including any content, functionality, and services offered on or through the Website. By registering with and using SUNKAT Market you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
3. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
4. We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to use the Website after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
5. By using the Website you consent to receiving communications from us electronically, including emails and messages posted to your SUNKAT Market account. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email support@sunkat.co.uk, notifying us of your withdrawal of consent.
6. We do not own User Content on SUNKAT Market and views expressed by Users on the Website do not represent the views of SUNKAT Market.
7. We reserve the right at any time and without notice to:
  1. modify, suspend or terminate the Website or any portion thereof;
  2. restrict, limit, suspend or terminate your access to the Website or any portion thereof;
  3. delete any content you post on the Website if in our reasonable opinion it does not comply with these Terms and/or applicable law;
  4. monitor your use of the Website (including any content or message you post or broadcast on the Website) to verify compliance with these Terms and/or any applicable law;
  5. investigate any suspected or alleged misuse or unlawful use of the Website and cooperate with law enforcement in such investigation;
  6. disclose information about your use of the Website in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
  7. change the payment or payout processor that enables you to make or receive payments as a User.
8. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
9. To sell with SUNKAT Market, you require a SUNKAT account. Your account is subject to the SUNKAT Terms of service, in addition to these terms.
How It Works
1. SUNKAT Market is a platform that allows users to sell physical goods.
2. The term 'User' refers to all users, whether using the Website to sell items or to purchase items.
3. The term 'User Content' means any and all media uploaded by Users, including, but not limted to, images, text and video.
Account Registration
1. Account registraion is controlled by the general SUNKAT Terms of Use and Privacy Policy.
Purchases and Payment of Revenue
1. If a User sells item(s) (an 'Seller') then, subject to that User complying with these Terms, that Seller is entitled to a percentage of the revenue generated by other Users who purchase those item(s). Payment will be made by or on behalf of SUNKAT Market to the Seller.
Refunds
1. If a User purchases and item (a “Buyer”) from a Seller, that user shall be entitled to a refund of part or all of their purchase price:
  1. If the Seller fails to fulfil the order in a timely manner; or
  2. If the purchased item does not match the description provided by the Seller
2. However, any purchase made on SUNKAT Market and subsequently subject to a chargeback will result in the Buyer's account being immediately and permanently excluded from SUNKAT Market
Disputes
1. In the event a Buyer is dissatisfied with the service received from a Seller, they must start a dispute.
2. Disputes are mediated by SUNKAT Market staff on a case-by-case basis
3. Dispute resolution may include one or more of the following: a full or partial refund, shipping of a (replacement) product, shipping of an equivalent product.
Account Deactivation
1. Account deactivation is covered by the SUNKAT Terms of Use.
Intellectual Property Rights
1. Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
  1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  2. you may store files that are automatically cached by your Web browser for display enhancement purposes; and
  3. you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. The SUNKAT name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
License
1. Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of SUNKAT Market other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
2. We do not warrant that SUNKAT Market is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not SUNKAT Market is compatible with your device. From time to time we may make updates to SUNKAT Market and will make such updates available through the website and/or applicable storefronts.
Acceptable Use
1. We require that all Users respect and comply with these Terms below, at all times, when using SUNKAT Market:
2. You may not:
  1. use SUNKAT Market other than for your own lawful and personal use in accordance with these Terms;
  2. impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
  3. falsify account registration information, or make unauthorized use of anothers information or content;
  4. use SUNKAT Market in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  5. copy, reproduce, distribute, modify, or create derivative works from, any portion of SUNKAT Market without our express written permission;
  6. use SUNKAT Market for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  7. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  8. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
  9. create, upload, post, display, publish or distribute User Content that:
    1. is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the a foremnetioned prohibitions;
    2. violates another`s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
    3. promotes or advertises escort services;
    4. promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
    5. promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
    6. causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
    7. involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
    8. gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
  10. offer for sale any item:
    1. that would be excluded by paragraph 10.2.9;
    2. contains bodily fluids;
  11. remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
  12. use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  13. decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Website;
  14. interfere in any way with the operation of SUNKATMarket or any server, network or system associated with SUNKAT Market including, without limitation: hacking, mail-bombing, flooding, overloading, or making 'denial of service' attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user`s account that you are not expressly authorized to access;
  15. use SUNKAT Market for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the service`s availability, performance or functionality, or for any other competitive purposes;
  16. use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access SUNKAT Market or any server, network or system associated with SUNKAT Market, or to extract, collect, harvest or gather content or information from SUNKAT Market; or
  17. make any other use of SUNKAT Market that violates these Terms or any applicable law.
  18. Share personal data from another User with any third party.
  19. Discriminate against any other User on grounds of race, religion, personal beliefs or any other grounds.
3. Any content posted that is reported by another User or SUNKAT Market, and that is deemed unacceptable by SUNKAT Market, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use policy may be deactivated. If we become aware that a SUNKAT Market User is underage, we will promptly deactivate that User`s account and delete all information and content of that User from SUNKAT Market. If you are a parent or legal guardian and become aware that your minor-child has registered on SUNKAT Market, please immediately notify us at support@sunkat.co.uk
4. By using SUNKAT Market, you represent and warrant that:
  1. you are at least 18 years of age;
  2. you will fully comply with these Terms;
  3. you accept full responsibility for the use of SUNKAT Market on any device, whether or not it is owned by you;
  4. you accept full responsibility for any User Content created or provided by you; and
  5. your use of SUNKAT Market will not violate these Terms or any applicable law.
5. If you are using SUNKAT Market on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.
User Content
1. By creating and publishing User Content on SUNKAT Market, you authorize Users to access and view (without downloading or copying) your User Content on SUNKAT Market for their own lawful and personal use. You also represent, warrant and undertake that:
  1. you own, have a valid licence to, or otherwise control all rights in and to your User Content;
  2. to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
  3. your User Content is non-confidential and will be made available on SUNKAT Market.
2. You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
3. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
4. You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
5. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
6. Upon signing up to SUNKAT Market you also agree to act as custodian of records for the content that you upload to SUNKAT Market.
7. Any questions regarding User Content can be addressed by emailing support@sunkat.co.uk
DMCA
1. For further information in reference to Digital Millennium Copyright Act please email support@sunkat.co.uk
Linking to the Website and Social Media Features
1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
2. You may, at your option, use our provided banner and badge resources to link to your own store page. Use of these resources does not imply any endorsement or relationship outside of that provided for by these Terms.
3. The Website may provide certain social media features that enable you to:
  1. link from your own or certain third-party websites to certain content on the Website;
  2. send emails or other communications with certain content, or links to certain content, on the Website;
  3. cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
4. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
  1. establish a link from any website that is not owned by you;
  2. cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, except as explicitly provided;
  3. link to any part of the Website other than the homepage, except as explicitly provided; or
  4. otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
5. You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
6. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Referral Program
1. SUNKAT Market does not operate a referral program at this time.
Disclaimer of Warranties; Limitations of Liability
1. By using SUNKAT Market you acknowledge and agree as follows:
  1. SUNKAT Market and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to SUNKAT Market and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of SUNKAT Market, or the results of your use of SUNKAT Market. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that SUNKAT Market and all of its services and features will be available at any particular time or location; that SUNKAT Market and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that SUNKAT Market and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of SUNKAT Market and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
  2. SUNKAT Market does not warrant or guarantee that use of the Website will be uniterrupted or error free twenty-four hours a day, seven days a week, since SUNKAT Market may need to carry our maintenance of the Website from time to time. However, SUNKAT Market will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (UK time) and will endeavour to give reasonable notice where possible, however this may not always be possible;
  3. in no event shall SUNKAT Market be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) SUNKAT Market or any of its services or features, nor shall SUNKAT Market be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at support@sunkat.co.uk as we are happy to help prevent continuance of such distribution where we are reasonably able to do so; and
  4. in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) SUNKAT Market or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
2. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) SUNKAT Market or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
User indemnification
1. By using SUNKAT Market, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgements, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys fees and legal costs) arising out of or related to any of the following:
  1. your use of SUNKAT Market or any of its services or features;
  2. any User Content created, published, or otherwise made available on SUNKAT Market by you;
  3. any transaction or interaction between you and any other User of SUNKAT Market and/or
  4. your violation of these terms or any applicable law.
Governing Law and Dispute Resolution
1. You and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning SUNKAT Market or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
2. Except where prohibited by applicable law, any claim or cause of action by you concerning SUNKAT Market or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
Waiver and Severability
1. No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
1. The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Contact

If you have any questions, comments, complaints or concerns about SUNKAT Market, please contact our support team at support@sunkat.co.uk.