Terms of Service

By signing up for a KilkennyMarketplace.ie account you are agreeing to be bound by the following terms and conditions(the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, and “Kilkenny Marketplace means the applicable Kilkenny Marketplace Contracting Party which is wholly owned by Manning Kennedy Ltd

The services offered by Kilkenny Marketplace under the Terms of Service include various products and services to help sell goods and services to buyers, whether online (“Online Services”) in person (“POS Services”), or both. Any such services offered by Kilkenny Marketplace are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current services shall also be subject to the Terms of Service. Kilkenny Marketplace reserves the right to update and change the Terms of Service by posting updates and changes to the Kilkenny Marketplace website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Kilkenny Marketplace’s Acceptable use policy (“AUP”) and Privacy Policy.

1.Account Terms

1. access and use the Services, you must register for a Kilkenny Marketplace account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Kilkenny Marketplace may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

2. You must be 13 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

3. You acknowledge that Kilkenny Marketplace will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you

4. You are responsible for keeping your password secure. Kilkenny Marketplace cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Kilkenny Marketplace may result in an immediate termination of your Services.

2. Account Activation

2.1 Store Owner

1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. Your Kilkenny Marketplace Store can only be associated with one Store Owner. A Store Owner may have multiple Kilkenny Marketplace Stores. “Store” means the online store or physical retail location(s) associated with the Account.

4. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a Kilkenny Marketplace User

1. You may not use the Kilkenny Marketplace Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction.

2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Kilkenny Marketplace.

3. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Kilkenny Marketplace or Manning Kennedy Ltd trademarks and/or variations and misspellings thereof.

4. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Kilkenny Marketplace, is governed by its privacy policy

5. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

5. Kilkenny Marketplace Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Kilkenny Marketplace customer, Kilkenny Marketplace employee, member, or officer will result in immediate Account termination.

5. Kilkenny Marketplace does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.

6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any Kilkenny Marketplace particular market segment. You further acknowledge and agree that Kilkenny Marketplace employees and contractors may also be Kilkenny Marketplace customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section ??) in doing so.

7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

8. Kilkenny Marketplace retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Kilkenny Marketplace reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Kilkenny Marketplace’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, Kilkenny Marketplace shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service

2. To the extent permitted by applicable laws, in no event shall Kilkenny Marketplace or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Kilkenny Marketplace partners, officers, directors, agents, employees, and suppliers 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 of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. Kilkenny Marketplace does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

5. Kilkenny Marketplace does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Waiver and Complete Agreement

The failure of Kilkenny Marketplace to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Kilkenny Marketplace and govern your use of the Services and your Account, superseding any prior agreements between you and Kilkenny Marketplace (including, but not limited to, any prior versions of the Terms of Service).

8. Payment of Fees

1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Kilkenny Marketplace Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as “Additional Fees”. Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Kilkenny Marketplace will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Kilkenny Marketplace will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Euro, and all payments shall be in Euro currency.

3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Kilkenny Marketplace’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Kilkenny Marketplace reserves the right to terminate your Account.

Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time by contacting Kilkenny Marketplace support and then following the specific instructions indicated to you in Kilkenny Marketplace’s response.

2. Upon termination of the Services by either party for any reason:

1. Kilkenny Marketplace will cease providing you with the Services and you will no longer be able to access your Account;

2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

3. any outstanding balance owed to Kilkenny Marketplace for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

4. your Store website will be taken offline.

3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4. We reserve the right to modify or terminate the Kilkenny Marketplace Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination

Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days’ notice from Kilkenny Marketplace. Such notice may be provided at any time by posting the changes to the Kilkenny Marketplace Site (Kilkennymarketplace.ie) or the administration menu of your Kilkenny Marketplace Store via an announcement.

2. Kilkenny Marketplace reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.

3. Kilkenny Marketplace shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service

Privacy and Data Protection

1. Kilkenny Marketplace is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Kilkenny Marketplace’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

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