Welcome to Stabroek
Marketplace Inc (“Company”, “we”, “our”, “us”)!
of Service (“Terms”, “Terms of Service”) govern your use of our website located
at www.stabroek.gy (together or individually “Service”) operated by Stabroek
Marketplace Inc. We are marketplace that allows users to offer, sell and
buy goods and services in various geographic locations using a variety of
pricing formats. We are not a party to contracts for sale between third-party
sellers and buyers, nor are we a traditional auctioneer.
Policy also governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our web pages.
agreement with us includes these Terms, our Cookies Policy, our Return &
you have read and understood these Agreements, and agree to be bound of them,
and by using the marketplace, you are deemed to have accepted to these terms
If you do
not agree with (or cannot comply with) these Agreements, then you may not use
the Service, but please let us know by emailing at [email protected]
so we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing us at [email protected]
If you wish
to purchase any product or service made available through our Service
(“Purchase”), you may be asked to supply certain information relevant to your
Purchase including but not limited to, your credit or debit card number, the
expiration date of your card, your billing address, and your shipping
represent and warrant that: (i) you have the legal right to use any card(s) or
other payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
employ the use of third-party services for the purpose of facilitating payment
and the completion of Purchases. By submitting your information, you grant us
the right to provide the information to these third parties subject to our
receive payment of the whole of the price for the product or service that you
order before your order can be accepted. Once payment has been received by us,
we will confirm that your order has been accepted on the website and/or by
sending an email to you at the email address you provide in your order form.
Our acceptance of your order brings into existence a legally binding contract
the right to refuse or cancel your order at any time for reasons including but
not limited to: product or service availability, errors in the description or
price of the product or service, error in your order, if your delivery address
is not within the typical zones of service for our transportation partners, or
the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected. If we cancel your contract for any of the
aforementioned reasons, we will notify you by email and will credit to your
account any sum deducted by us from your credit card as soon as possible but in
any event within 30 days of your order. We will not be obliged to offer any
additional compensation for disappointment, displacement suffered or any
additional charges incurred.
will be delivered by our shipping partners as per the shipping method specified
by you within the timeline indicated according to the shipping method selected.
Our Sellers will fulfill the order (unless shown differently during the checkout process) and our Carrier partners will deliver the products ordered by you to the address you give us for
delivery at the time you make your order. Delivery will be made as soon as
possible after your order is accepted and in any event within 30 days of your
order. You will become the owner of the products you have ordered at the time
they have been ordered. We disclaim liability for any orders not received due
to the fault of any delivery Carrier or Seller, your sole recourse being again the shipper of any
item purchased or against the seller of the item.
5. Contests, Sweepstakes and Promotions
contests, sweepstakes or other promotions (collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
conflict with these Terms of Service, Promotion rules will apply.
of Service are billed on a subscription basis (“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis ("Billing
Cycle"). Billing cycles will be set depending on the type of subscription
plan you select when purchasing a Subscription.
At the end
of each Billing Cycle, your Subscription will automatically renew under the
exact same conditions unless you cancel it or we cancel it. You may cancel your
Subscription renewal either through your online account management page or by
contacting [email protected] customer support team.
payment method is required to process the payment for your subscription. You
shall provide us with accurate and complete billing information that may
include but not limited to full name, address, state, postal or zip code,
telephone number, and a valid payment method. By submitting such payment
information, you automatically authorize us to charge all Subscription fees
incurred through your account to any such payment instruments.
automatic billing fail to occur for any reason, we reserve the right to
terminate your access to the Service with immediate effect.
7. Free Trial
We, at our sole
discretion, may offer a Subscription, from time to time, with a free trial for
a limited period of time (” Free Trial”).
You may be
required to enter your billing information in order to sign up for Free Trial.
If you do
enter your billing information when signing up for Free Trial, you will not be
charged by us until your Free Trial has expired. On the last day of your Free
Trial period, unless you cancel your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have
At any time
and without notice, we reserve the right to (i) modify Terms of Service of Free
Trial offer, or (ii) cancel such Free Trial offer.
8. Fees and Fee Changes
payable for products and services that you order are set out in our website.
You will be
required to pay extra for delivery and it might not be possible for us to
deliver to some locations.
We, in our sole
discretion and at any time, may modify Subscription fees for the Subscriptions.
Any Subscription fee change will become effective at the end of the
then-current Billing Cycle.
provide you with a reasonable prior notice of any change in Subscription fees
to give you an opportunity to terminate your Subscription before such change
continued use of Service after Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee amount.
refunds for products and services within 14 days of the original
purchase of the products and services.
allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
Content on or through Service, You represent and warrant that: (i) Content is
yours (you own it) and/or you have the right to use it and the right to grant
us the rights and license as provided in these Terms, and (ii) that the posting
of your Content on or through Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person
or entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
any and all of your rights to any Content you submit, post or display on or
through Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third-party posts
on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through Service. You agree that
this license includes the right for us to make your Content available to other
users of Service, who may also use your Content subject to these Terms.
We have the
right but not the obligation to monitor and edit all Content provided by users.
Content found on or through this Service are the property of the Company or
used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for
commercial purposes or for personal gain, without express advance written
permission from us.
11. Prohibited Uses
You may use
Service only for lawful purposes and in accordance with Terms. You agree not to
0.1. In any way
that violates any applicable national or international law or regulation.
0.2. For the
purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content or otherwise.
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
0.5. In any
way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
you agree not to:
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
0.2. Use any
robot, spider, or other automatic device, process, or means to access Service
for any purpose, including monitoring or copying any of the material on
0.3. Use any
manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
0.4. Use any
device, software, or routine that interferes with the proper working of
Introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
Service via a denial-of-service attack or a distributed denial-of-service
any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of Service.
We may use
third-party Service Providers to monitor and analyze the use of our Service.
13. No Use By Minors
intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using Service, you warrant and represent that you are at
least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
create an account with us, you guarantee that you are above the age of eighteen
(18), and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on Service.
responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or
account. You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether your password is
with our Service or a third-party service. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
You may not
use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another
person or entity other than you, without appropriate authorization. You may not
use as a username any name that is offensive, vulgar or obscene.
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in our sole discretion.
15. Intellectual Property
its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of the Company and its
licensors. Service is protected by copyright, trademark, and other laws of and
foreign countries. Our trademarks may not be used in connection with any
product or service without our prior written consent.
16. Copyright Policy
the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any person or entity.
If you are a
copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to [email protected],
with the subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under “DMCA
Notice and Procedure for Copyright Infringement Claims”
You may be
held accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
17. DMCA Notice and procedure for copyright infringement claims
submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)
by providing our Copyright Agent with the following information in writing:
electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright’s interest;
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
of the URL or other specific location on Service where the material that you
claim is infringing is located;
address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
provide us either directly at [email protected] or via
third party sites and tools with information and feedback concerning errors,
suggestions for improvements, ideas, problems, complaints, and other matters
related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall
not retain, acquire or assert any intellectual property right or other right,
title or interest in or to the Feedback; (ii) Company may have development
ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv)
Company is not under any obligation of confidentiality with respect to the
Feedback. In the event the transfer of the ownership to the Feedback is not
possible due to applicable mandatory laws, you grant Company and its affiliates
an exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create derivative
works, publish, distribute and commercialize) Feedback in any manner and for
19. Links to other web site
may contain links to third party web sites or services that are not owned or
controlled by us.
We have no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third-party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY
WEB SITES OR SERVICES THAT YOU VISIT.
20. Disclaimer of warranty
SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
We are entering into this Agreement, as the provider of the Service and
not as the provider, creator or supplier of the products and services made
available through the Service, nor as an agent of any seller, supplier, person
or entity using the Service.
All purchases of
physical items from Stabroek Online Marketplace are made pursuant to a shipment
contract. This means that the risk of loss and title for such items are
transferred to you upon delivery by the Seller to the carrier.
If the goods
you receive do not satisfy the specifications of your order or are damaged or
defective or the quantity delivered does not match your order details; or if
you do not receive the goods ordered within 30 days of the date on which you placed
an order then, we shall have no liability to you. Any such liability being
solely vested in the supplier or seller using the Service. The Service we provide is limited to that of a
trading platform only. We shall be obligated as a facilitator of your order, to
mediate on your behalf with the seller to achieve an amicable settlement of
precluded by law, we will not be liable to you for any direct, indirect or
consequential loss, damage or expenses (including loss of profits, business or
goodwill) howsoever arising out of any problem you notify to us under this
condition and we shall have no liability to pay any damages to you by way of
compensation other than to refund to you the amount paid by you for the goods
in question as stated above.
observe and comply with all applicable regulations and legislation, including
obtaining all necessary customs, import or other permits to purchase goods from
our site, if applicable. The importation or exportation of certain of our goods
to you may be prohibited by certain national laws. We make no representation
and accept no liability in respect of the export or import of the goods you
PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
22. Events beyond our control
a service facilitating the sale and purchase of products and service, we shall
have no liability to you for any failure to deliver goods you have ordered or
any delay in doing so or for any damage or defect to goods delivered that is caused
by any event or circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes, breakdown of
systems or network access, flood, fire, explosion or accident.
We may terminate
or suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish
to terminate your account, you may simply discontinue using Service.
provisions of Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
24. governing law
shall be governed and construed in accordance with the laws of Guyana, which
governing law applies to agreement without regard to its conflict of law
25. waiver and invalidity
to enforce any right or provision of these Terms will not be considered a
waiver of those rights. If any provision of these Terms is held to be invalid
or unenforceable by a court (including any provision in which we exclude our
liability to you), the remaining provisions of these Terms will remain in
26. Entire agreement
together with our current website prices, delivery details, contact details, Return
agreement between us regarding our Service and supersede and replace any prior
agreements you might have had between us regarding Service. Nothing said by any
sales person on our behalf should be understood as a variation of these terms
and conditions or as an authorised representation about the nature or quality
of any goods offered for sale by us. Save for fraud or fraudulent
misrepresentation, we shall have no liability for any such representation being
untrue or misleading.
27. changes to service
the right to withdraw or amend our Service, and any service or material we
provide via Service, in our sole discretion without notice. We will not be
liable if for any reason all or any part of Service is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
Service, or the entire Service, to users, including registered users.
28. amendments to terms
We may amend
Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
continued use of the Platform following the posting of revised Terms means that
you accept and agree to the changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you.
continuing to access or use our Service after any revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use Service.
29. waiver and severability
No waiver by
Company of any term or condition set forth in 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 of Company to assert a right or provision under
Terms shall not constitute a waiver of such right or provision.
provision of 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 Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY
US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE
BOUND BY THEM.
31. contact us
your feedback, comments, requests for technical support by email: [email protected].