Terms & Conditions1. OBJECT
These Terms and Conditions (“Terms”) govern the use of the MKYK Services in a social marketplace through a platform for Users willing to buy or sell products. Features of the MKYK Services:
This document is intended to inform you about the Terms and Conditions that regulate the use of the website www.mkyk.ca and other associated platforms that provide MKYK Services. By accessing our services, servers, platforms, websites, applications and tools or content therefrom, you agree to these Terms & Conditions.
Those who register an Account with MKYK will further enter into a User Agreement ("Agreement") which lists the terms of the agreement between you and MKYK for the buying and selling of Products and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the Terms and Conditions of this Agreement and to become a registered user of this site.
MKYK platforms are intended to be used by adults, as defined under any applicable law in each specific case. To sell or purchase using our Services, Users who are minors under applicable law will need the specific permission of their legal representatives. The legal representative is liable for any acts committed by the minor. MKYK may contact you at any time requiring you to prove your age by providing valid photo identification. If you refuse to comply your account will be terminated.
User access to MKYK platforms does not imply an obligation on MKYK to monitor the absence of viruses, worms, or any other harmful technical element. It is you, in any case, who are solely responsible for making available the adequate tools for the detection of harmful computer programs. MKYK is not responsible for any damages arising from the software and computers of Users or third parties during the use of the services offered through MKYK platforms. MKYK shall not be liable for damages of any kind that arise from faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of a MKYK platform.
MKYK grants you a license for installing and running the any MKYK Application (“Application”). The installation and execution of the Application is free. You must accept the permissions for installation and execution of the Application. From time to time, MKYK may request the granting of additional permissions to perform certain actions or enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the Application may result in the suspension of the Services or impossibility of using the Application.3. CREATION OF AN ACCOUNT
In order to access MKYK Services you may be required to register by using your email address (your “Account”). You will be required to set a password to complete registration and you are solely responsible for maintaining its confidentiality. You are solely responsible for all activities that occur under your Account. If you have knowledge that your password was compromised, you should inform us immediately in order to take the necessary measures to secure your Account.
MKYK prohibits the listing for sale any items that are illegal under any applicable law, statute, ordinance or regulation at a local, municipal, provincial, federal or international level. The following is further prohibited in association with the use of MKYK Services:
In addition, MKYK reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our Users and our own discretion, especially for dangerous or sensitive items.
MKYK does not accept any liability for monitoring MKYK platforms for unauthorized or unlawful content. Any and all prohibited activity that you may become aware of should be immediately reported to MKYK. We reserve the absolute and sole right to deal with all prohibited activity as we deem fit.4. FEES AND SERVICES
There is no charge to open an account or browse our platforms.
As a Seller to list each item, you agree to pay any applicable fee as indicated by MKYK.
There is no charge to edit your listings or have conversations with potential Buyers.
Once a transaction is made (Buyer has made payment through MKYK payment options), the Seller agrees to pay the transaction percentage fee.
Upon a completion of sale transaction, the Seller has 48 hours to ensure the product is shipped through Canada Post, based on the shipping method selected by the Buyer.
You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers.
When you purchase something from MKYK we collect the personal information you give us such as your name, address and email address. When you provide us with personal information to complete a purchase transaction, we imply that you consent to our collecting it and using it for that specific reason only.
When you browse on our website, we automatically receive your computer’s internet protocol (IP) address and this information helps us learn about your browser and operating system.
With your permission, we may send you emails about our products. If you do not wish to receive emails from us it is very easy to unsubscribe.
You agree that we may use your personal information for the following purposes:
When accessing MKYK Services, Users may share advertisements and other information with other Users, thereby making this shared information accessible to other Users. If you engage in direct contact with another User then you are solely responsible for the personal information you share and therefore we cannot guarantee the privacy or security of the information shared by you with other Users.
MKYK is a platform for wedding and party wear attire and related accessories (e.g. handbags, artificial jewellery, shoes, wedding décor, etc.) and not for day to day regular clothing. We reserve the right to reject, refuse or remove a listing that does not fall within the following parameters:
Users may cancel a transaction under the following circumstances:
MKYK platform allows for Users to have direct contact to further engage in conversation and
negotiation of a transaction. Once a purchase is made Users can also provide each other with a rating and a review of the experience each User had. Conversations, Reviews and any other form of communication may not be used for the following activities:
MKYK may remove any listings that violate our policies. MKYK may also suspend or terminate your account for any violations. You shall remain responsible for all outstanding fees.7. PRICING AND CURRENCY
All prices shown are in Canadian dollars and all process transactions shall be completed in Canadian currency.
All advertised prices shown on MKYK platforms are exclusive of applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling. Any such fees and charges that are charged to or collected by the Seller are added to the advertised price, as shown in the Order Confirmation and are the responsibility of the Buyer.
If the Products are shipped to a location outside of Canada, there may be additional export/import duties, tariffs, charges, taxes and other fees which are levied on the Products. The Buyer is responsible for payment of any such amounts. Please note that the Seller has no control over these amounts and cannot predict how much they will be. Please contact your local customs office for further information before placing your order.
All payments are processed through Paypal.com and MKYK will hold the funds, less any transaction fees for up to 5 business days following delivery.
MKYK reserves the right to modify or cancel promotional fees at any time.
MKYK provides a verification of product service for an additional fee. This verification service is available to both Buyer and Seller. All verification fees payable are subject to change at the discretion of MKYK.8. SHIPPING
MKYK utilizes the services of Canada Post for all standard and express shipping options. The base shipping option always is standard shipping through regular mail via Canada Post and the Seller is required to pay for the cost of postage. The Buyer is responsible for any expedited or express shipping, unless negotiated otherwise by the Seller. Once a transaction of sale is made, the Seller must ship the item to Canada Post within a 48 hour period and provide a confirmation to the Buyer. MKYK relies on all standard terms and conditions set by Canada Post for delivery.
If a User wishes their address to remain confidential, MKYK offers an alternative service for delivery which includes a third party pick up and/or drop off site. MKYK and the third party sites are not responsible for any damage that may result to the product prior to or during the course of shipping. MKYK and the Third Party pick up/drop off site will only accept delivery of packages in transit that are completely sealed and are marked with a large white label stating the user name and item number. All packages are required to be picked up from the site within 72 hours of delivery.9. INTELLECTUAL PROPERTY RIGHTS
MKYK is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with MKYK Platforms including applications, software, hardware, databases, trademarks and any other distinctive signs, the content posted and the rest of works and inventions or content related to any and all MKYK Services and the technology associated with it.
The content of the MKYK platforms, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
The contents of MKYK platforms and its associated applications, the database of Users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of MKYK.
MKYK assumes no responsibility for the intellectual or industrial property rights of the content that Users include in the offerings of its products.
MKYK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please report it to us at once.
10. WAIVER OF RESPONSIBILITY
MKYK is not the owner of products sold through its platforms. MKYK has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between Buyers and Sellers and does not review the Products, unless a User has opted to use MKYK verification service. As a consequence, MKYK shall not be responsible, either directly or indirectly, for any disagreement between the parties. You hold MKYK harmless from any dispute that may arise with another User.
By shopping on MKYK, you understand that:
MKYK shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on a MKYK platform, or the content, services or products offered on the same, unless such sites are owned by MKYK. The hyperlinks contained in any MKYK platform may lead to third party web sites. MKYK may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and MKYK.11. NULLITY AND INEFFICIENCY OF THE CLAUSES
If any clause included in the present Terms is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of the Province of Ontario and Canada.