TERMS OF SERVICE
Phantom Network Greymarket Terms of Service
Please read the following important terms and conditions before you purchase or list anything for sale on our platform.
You must read these terms carefully before using the platform. By registering for an account, using the platform or otherwise indicating your consent, you agree that you have read and accept that you are bound by these terms. If you do not agree with any of these terms, you should stop using the Platform immediately.
**Your attention is particularly drawn to clauses 14 (Your Indemnity to us) and clause 13 (Limitation on our liability).**
These terms set out the basis on which you may make use of our platform GM.co in order to list or purchase goods and services. They include:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these terms:
- ‘we’, ‘us’ or ‘our’ means the e-commerce platform GM.co;
- 'Seller' means each individual provider of products listed on our platform; and
- 'you' or 'your' means the person using our platform to purchase or list goods for sale save where the context requires otherwise.
If you have any questions about these terms or any orders you have placed, please contact us by sending an email to email@example.com
If you would like these terms in another format (for example: audio, large print, braille) please contact us.
1.1 If you use, create an account or buy or list goods and services through our platform you agree to be legally bound by these terms.
1.2 These terms are only available in English. No other languages will apply to these terms.
1.3 When buying or listing any goods on our platform you also agree to be legally bound by:
(a) any amendment, modification or variation of these terms in accordance with clause 19;
(b) the email confirmation of your order;
(c) any additional terms contained on the relevant product page;
(d) the specific terms of each Seller. If you want to see these specific terms, please visit the relevant product page; and
(e) in the case of a Seller, our agreement with you.
All of the above documents form part of these terms as though set out in full here.
1.4 The platform facilitates the sale and purchase of products and services by way of cryptocurrency and smart contracts on the Ethereum Chain (Transaction)
1.5 We are the owner of the smart contracts used on the platform.
1.6 We may, but are not obliged to transfer any cryptocurrency from any Wallet where we reasonably believe that such tokens have been misappropriated. We shall not be liable to you or any third party in relation to the transfer of cryptocurrency in accordance with this clause and nothing in this clause shall obligate us to undertake any verification, investigation or similar process in relation to any Wallet.
1.7 We cannot guarantee that by listing on the platform this will result in any Transactions.
1.8 You must be over 18 years of age to use the Platform.
2. Your privacy and personal information
2.2 The Platform offers features that allow users to connect and communicate privately and publicly, and to share information with each other to complete a Transaction. We encourage you to use common sense, seek independent advice, and exercise good judgement when sharing your information with users of the Platform. You should not give away any personal information unless strictly necessary for a Transaction. We generally do not monitor or remove information which you share, and such information may remain on the Platform after your account has been deactivated, suspended, terminated or closed. You are solely responsible for the information you choose to share with other users.
3. Force Majeure
3.1 Our, or the Seller’s compliance with obligations under these terms might be affected by events beyond our or their reasonable control. If so, performance of such obligations will be postponed until such time as those circumstances cease to exist. Neither we nor the Seller are liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
4.1 Accepted methods of crypto payment will be shown at the checkout stage of a purchase. We do not accept bank transfer, debit cards, credit cards, cash or cheques.
4.2 Your payments related to the purchase of goods from the Sellers, go directly from you to the Seller via the use of cryptowallets. We do not receive payment on behalf of any Seller but we are entitled to deduct our fees from the Seller’s cryptowallet once payment has been received from you.
4.4 You will be charged at the checkout stage of your order.
5.1 You acknowledge and agree that we are not responsible or liable in respect of any damage or loss caused during the delivery process including but not limited to any failure or delays in the delivery of your order.
5.2 If you order from our platform for delivery outside of your country of residence, this may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You shall be responsible for payment of all such import duties and taxes in addition to the price of your items and any delivery charges.
5.3 When you purchase a listed item, you, the purchaser, shall choose an available delivery option specified by the Seller and shall be responsible for paying the delivery fees for the chosen option. The Seller shall ensure that the shipping information, including delivery fees are correct and shall charge only the delivery fees applicable to the delivery method chosen by you.
5.4 Where relevant, all products shall be delivered to you by or on behalf of the Seller in accordance with the delivery method chosen. Sellers shall be solely liable for the delivery of any items and we shall have no liability in respect of this.
5.5 In the event of any tracked delivery that does not arrive, a Seller may be required to provide valid proof of delivery to us to verify that the item was dispatched to the address provided for the specific Transaction.
6. Returns & Refunds
6.1 Returns and refunds are at the discretion of the Seller. The relevant product listing page should contain details in relation to the circumstances in which refunds or returns will be accepted. Please note that some goods may not be refundable or returnable. Each Seller hereby agrees that all listings made by it on the platform shall comply, as a minimum, with UK consumer law.
7. Nature of our services
7.1 We operate as a provider of the marketplace platform. This means that when you offer to purchase goods or services from a Seller and they accept your offer, this forms a contract between you and the Seller (Contract). We are not a party to the Contract and, to the fullest extent of the law, shall have no liability in respect of it.
7.2 In the event of any inconsistency or conflict between the documents referred to in clause 1.3 above, these terms shall prevail.
7.3 Each order made by you through the platform, shall be deemed to be an offer by you to the Seller to purchase the goods or services specified within the listing subject to the terms as listed in clause 1.3. No order shall be deemed accepted by the Seller until you receive an email acknowledgement of the order. The Contract will only relate to those goods or services contained within the acknowledgement of order.
7.4 Where you order goods or services through the platform, we may disclose your customer information related to that transaction to the relevant Seller.
7.5 You acknowledge that at no time do we have legal title to or physical possession of any items offered for sale by Sellers through the platform.
7.6 We may refuse to process a transaction or unwind or suspend a transaction after processing has begun if, in our reasonable opinion, there has been an error or fraudulent activity without liability to you or any third party.
8. Use of the platform
8.1 You agree to assist and comply with all verification and vetting procedures as required by us from time to time.
8.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
8.3 We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
8.4 We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us at firstname.lastname@example.org.
8.5 As a condition of your use of the Platform, you agree not to:
8.5.1 use the Platform for any purpose for which it is not designed or intended or that is unlawful under any applicable law or prohibited by these terms including but not limited to committing any act of fraud;
8.5.2 use the Platform in any manner that disrupts or prejudices the operation of our Platform or business or the website or business of any other entity;
8.5.3 use the Platform to promote any unlawful activity;
8.5.4 simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
8.5.5 affect or attempt to disrupt or interfere with the functioning of the Platform or its data, contents, servers and networks, including without limitation, by:
(a) probing, scanning or testing;
(b) gaining unauthorised access to any non-public areas of the Platform, or accessing the Platform through any means other than a web browser;
(c) imposing a disproportionately large load on our infrastructure
(d) circumventing, disabling or affecting our security functions or technical measures;
(f) phishing or pharming;
(g) scraping, botting, spidering, crawling, or using any automated device to access, acquire, copy or monitor the Platform of any part of it;
(h) uploading or transmitting any worms, viruses, trojans, malicious code or technologies, or any harmful components that may harm us, the Platform or the interests or property of users; or
(i) copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of the Platform;
8.5.6 represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
8.5.7 attempt to circumvent password or user authentication methods;
8.5.8 use the platform to upload, distribute, make available, sell or purchase any content and/or goods which you know or suspect infringes on any ownership and/or intellectual property rights of any other party;
8.5.9 access or use the platform for the purpose of creating or promoting a competitive product or service;
8.5.10 misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
8.5.11 distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
8.5.12 attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any accounts, networks, servers, computers or databases connected to our Platform; or
8.5.13 promote, solicit, induce, instigate or otherwise tempt others to perform any of the above.
8.6 You may create a link to the homepage of our Platform from another website without our prior written consent provided that:
(a) you do so in a way which is fair and legal and does not damage or take advantage of our reputation; and
(b) no such link:
(a) creates a frame or any other browser or border environment around the content of our Platform;
(b) implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Platform;
(c) displays any of the trademarks or logos used on our Platform without our permission or that of the owner of such trademarks or logos; or
(d) is placed on a website that itself breaches these terms.
8.7 You may not use our trademarks, logos or trade names except in accordance with these terms.
8.8 We reserve the right to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.
8.9 We may prevent or suspend your access to the Platform without liability if you do not comply with these terms or any applicable law. If you are a business we will give you 30 days notice prior to suspecting your access.
8.10 Use of the Platform requires registration but you may terminate your account at any time by going into your settings.
8.11 We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time on 30 days’ notice and for any reason, we, in our reasonable discretion consider a “good reason”. You acknowledge and accept that if you, or we terminate your account and/or your access to the platform, you will lose any information associated with your account, including all User Content. It is your responsibility to store a copy of your User Content and we shall not be responsible or liable for any loss of data or information. If you are an individual (and not a business) we also reserve the right at our sole discretion to cancel your registration and access to your account or to restrict, limit, or otherwise change your existing rights of access to your account, any specific feature or benefit afforded to you in relation to your account, including without limitation any awards, ratings, benefits, or permissions for any reason we reasonably consider to be a “good reason”, without notice.
8.12 Where your account has been restricted, limited, suspended or terminated, you acknowledge and agree that you will remain fully liable for any outstanding liabilities owed to us.
8.13 You are responsible for making sure that your password and any other account details are kept secure and confidential and shall remain liable and fully responsible for all activities carried out under your account with or without your consent. You must inform us immediately if you know, or suspect that your account has been accessed by a third party, or if your login Information has been, or may have been obtained by a third party.
8.14 If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your cryptowallet and/or password, we may, but are not obliged to, notify you and require you to change your password, or we may suspend or terminate your account immediately if you are an individual and on 30 days’ notice if you are a business.
8.15 It is your responsibility to ensure that all information you provide is correct and accurate, whether this is provided through the registration process or otherwise, you must therefore check all information prior to making any purchases through the Platform.
8.16 If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately.
8.17 The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (Content), excluding the User Content, are owned by us, the Sellers (in relation to Content which they have uploaded only) and our licensors as the case may be. You shall not copy, extract or otherwise use any Content for commercial purposes without obtaining a licence from the legal owner to do so.
8.18 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
8.19 Nothing in these terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content or use or creative derivative works or similar of the Platform or the Content.
8.20 The Platform may use or include third-party software that is subject to open source and third-party licence terms (Third-Party Software). You acknowledge and agree that your right to use such Third-Party Software as part of the Platform is subject to and governed by the terms and conditions of the open source and third party licences applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers. In the event of a conflict between these terms and the terms of such open source or third-party licences, the terms of the open source or third-party licences shall prevail with regard to your use of the relevant third-party software. Neither the Platform, its content nor any part of it is open source or publicly available software.
8.21 You represent and warrant to us that all information, communications and content (including all listings of goods where you are Seller), provided by you through or in connection with the Platform, (User Content) shall be true, accurate and complete and not misleading, offensive, threatening, abusive, insulting, harassing, defamatory, libellous, obscene, profane, tortious, discriminatory, invasive of another user’s privacy or otherwise objectionable (to be determined in our sole discretion).
8.22 You further represent and warrant to us that you are the sole owner of all right, title and interest in and to the User Content.
8.23 By submitting any User Content you hereby grant us and our affiliates a non-exclusive, worldwide, royalty free, fully paid up, irrevocable, assignable, transferable, perpetual, sublicensable licence to display, copy, create and distribute derivative works of, reproduce, perform, upload, store, modify, create, distribute, or otherwise use the User Content on any media in connection with the operation of the Platform and for promotional purposes or causing, directing or soliciting a third party to do so.
8.24 We shall be entitled, in our sole discretion, to determine if any User Content posted on the Platform is objectionable and may modify, block or remove User Content upon 30 days’ notice.
8.25 Use by you of any trademarks on the Platform or in the Content is strictly prohibited unless you have prior written permission from the registered owner.
8.26 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable. You acknowledge and accept that we have no control over how users post User Content, do not verify, guarantee or endorse the User Content posted by users, and shall bear no responsibility or liability to you or any third-party as a result of or in connection with or any losses or damages suffered in relation to any User Content.
8.28 We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
8.29 We may modify, suspend or terminate access or operation of the Platform on 30 days’ notice for any “good reason” as determined in our reasonable discretion without liability to you or any third party. Where your access to the Platform is terminated or suspended by us, we shall be entitled to deactivate your account and delete all information and/or files in your account without liability to you or any third party. You agree not to attempt to circumvent any suspension or termination of access.
8.30 We may also, in our sole discretion, block IP addresses of users who we believe have breached these terms, without notice and without providing reasons.
8.31 Any Content provided by us is provided for your general information purposes only and to inform you about us, certain products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its Content.
8.32 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted or error-free. We shall not be liable in the event that the Platform is unavailable for any period of time.
8.33 The Platform may contain hyperlinks or references to third party advertising and websites other than the platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them or any loss or damage that may arise from your use of them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
8.34 You agree that we shall not be liable in any way for any information, content or other materials of any third party including other users.
9. Wallets & Transactions
9.1 In order to use the platform you will need to connect a digital wallet in which to store your cryptocurrency (Wallet). To connect your Wallet please go to: GM.co.
9.2 All transactions on the Platform are in cryptocurrency. You acknowledge and accept that we are not affiliated with and have no control over your browser, your Wallet, the Ethereum network and any other third party or service which may be used by you to enable you to access and make use of the platform.
9.3 You acknowledge and accept that your Ethereum and/or Binance Smart Chain public address will be publicly visible whenever you take part in a Transaction.
9.4 Sellers may choose to offer their goods via one or both of two smart contracts as described below:
(a) Protected: a smart contract for the sale of the goods which uses an escrow mechanism whereby the sale proceeds (in cryptocurrency) are not released to the Seller’s wallet until 3 days after the delivery of the goods or services (or sooner where you, as purchaser, have confirmed receipt), or, where a dispute is raised, after such dispute has been decided in the Seller’s favour ; or
(b) Non-Protected: a smart contract for the sale of the goods which does not use an escrow mechanism such that the sale proceeds (in cryptocurrency) are released immediately to the Seller’s wallet prior to delivery of the goods.
9.5 Where a Seller has decided to offer both options listed in clause 9.4 above, you (the purchaser) may choose which to use.
9.6 The type of Transaction and any prices or fees are set by the Sellers and we have no control over this.
10. Fees & Listings
10.1 Each Seller will set their own fees.
10.2 Transactions may be by way of auction (on a highest bid basis) or fixed price sale. The type of Transaction and any prices are set by the Sellers and we have no control over this.
10.3 We shall have no liability in respect of any delay, non-payment or other claims in relation to fees.
10.4 In addition to the price you pay for any goods, you will also be required to pay a gas fee. This is a transaction fee required by the Ethereum network and we do not receive this. We do not set the gas fee, users can set the gas fee and the priority and speed of transfer on the blockchain will depend on the amount of the gas fee.
10.5 It is your responsibility to ensure that you send any cryptocurrency to the correct Wallet address.
10.6 You acknowledge and accept that you will be required to pay the gas fee and you shall have no claim in relation to any invalidity or revocation of a Transaction in connection with the gas fee.
10.7 You shall remain responsible and liable for any and all taxes and other duties in connection with your use of the Platform and any Transaction.
11. Additional terms applying to Sellers
11.1 By creating a listing on the platform, you agree to pay the listing fees set out in your vendor agreement as updated from time to time.
11.2 You understand and agree that:
(a) we do not represent or warrant that that any listing fees paid or payable will lead to an offer, chat, sale or Transaction in respect of the item listed;
(b) we do not represent or warrant that any listing you post will be displayable, searchable or purchasable; and
(c) there will be no refunds in the event that: (i) the listing, or content you post is removed in accordance with these terms, (ii) your account is suspended or terminated due to a breach of these Terms, or (iii) your listing expires.
11.3 There are certain items and categories of items that are prohibited for listing or sale on the Platform. We reserve the right to amend and update this list from time to time. It shall be your responsibility to check for the updated list of prohibited items prior to purchasing or listing any goods on the Platform. If you are unsure whether an item is prohibited please contact us before you list or purchase it. A non-exclusive list can be found below.
(a) Illegal, unlicensed, unauthorised items or products in any jurisdiction: stolen or illegal items, items or listings that promote, support or seek to engage users in illegal activities, unlicensed transport, accommodation or trafficking services, unlicensed lottery tickets or services, triad- or gang-related items, scam or sham listings, multi-level marketing programs, get-rich-quick-schemes, investment schemes, pyramid schemes, gambling-related items or services, hazardous goods and materials, products that infringe third-party intellectual property rights, government or law-enforcement issued items, etc.
(b) Adult and mature content: Pornography and adult material, including but not limited to pornographic books, magazines, pictures and videos, adult industry services (including escort services and sensual massage services etc.), pre-loved undergarments or intimate items such as panties and underwear, items containing nudity, contraceptive products, adult toys, sexual wellness and enhancement products etc.
(c) Drugs, tobacco, alcohol and related paraphernalia: drugs, paraphernalia such as bongs and pipes, tobacco, cigarettes, e-vaporisers, smoking cessation products, products containing opium, poppy seeds, marijuana, peyote and other drugs, alcohol, products that contain alcohol, alcohol kits, etc.
(d) Offensive items, or items that promote discrimination: content that incites feelings of ill-will and hostility between users, races, ethnicities, groups etc., content that seeks to shame and/or reveal the personal information of others etc., content that promotes hate, content that promotes violence, content that are intentionally misleading etc.
(e) Listings that are discriminate a Buyer/Seller: “must be under age 20 to purchase”, “only selling to males” etc.
(f) Listings that seek personal relationships: finding friends, romantic interests etc.
(g) Documents, currency and financial instruments: real/replica documents such as passports, IDs or certificates, cash or cash equivalents and coins, replica money, credit and debit cards, store credit cards or coupons, pre-paid credit and debit cards, checks or checkbooks, equipment to create counterfeit money, shares, stocks, other securities, financial services including accounting, insurance, banking, loans etc.
(h) Digital products: Cryptocurrencies, non-fungible tokens, digital media, etc.
(i) Medical and Healthcare items: Slimming products, medicine, prescription drugs, injectable health or cosmetic substances, contact lenses, Covid-19 test kits, products claiming to treat or cure any condition, banned substances, poisons, antibiotics, pharmaceutical products, steroids, growth hormones, protein powders, vitamins etc.
(j) Live animals or plants or their parts: livestock, pets, animal products intended for consumption (milk, raw fish, meat, eggs etc.), animal parts such as bone, teeth, horn, ivory, taxidermy, organs, limbs, secretions or carcasses, products made from dogs, cats or endangered or threatened animals; medicine or medical devices for animals, live plants, seeds etc.
(k) Human body parts: any human body parts, secretions or products made from or by the human body, including relics but wigs made of human scalp hair are permissible.
(l) Hazardous goods and materials: chemicals, pesticides, insecticides, asbestos, cyanide, chloroform, carbon tetrachloride, corrosive substances, flammable substances, combustible substances, fireworks, explosives, ammunition (inclusive of display items and collectibles), etc.
(m) Food: Ingestible items, snacks, supplements, etc.
(n) Used personal effects: Used cosmetics, make up and make up brushes, shampoo, perfume testers etc.
(o) Weapons, ammunition and related accessories: knifes, swords, hand weapons, firearms, airsoft guns, batons, handcuffs, tasers, knuckle dusters, blow pipes, bows, catapults, slingshots, cartridges, bulletproof vests etc.
11.4 Sellers must not, under any circumstances, upload for sale any prohibited items referred to in clause 11.3 and shall indemnify us for any breach of this clause. Where a Seller has breached this clause, they will be solely responsible for any loss caused to any purchaser.
11.5 We reserve the sole discretion to determine if an item is inappropriate for listing or sale on the Platform. We may, in our sole discretion, modify, revise, obfuscate, block or delist items and/or suspend or terminate accounts that list, sell or purchase what we deem to be prohibited items, without notice and without providing reasons.
11.6 You acknowledge and accept that you have full responsibility and liability in respect of the items offered on the Platform and the accuracy and the content of the listings. In addition all other restrictions referred to within these terms and our agreement with you, you shall not:
(a) create Listings that are inaccurate, incomplete, false, misleading, inappropriate, fraudulent, illegal or in violation of these terms;
(b) create Listings in appropriate categories or areas on the Platform;
(c) create listings for prohibited items as defined in clause 11.3;
(d) attempt to and/or engage in any activity that is intended to abuse, abuses, or inappropriately manipulates the listing, such as by creating fake or duplicate accounts, generating fake orders, making fake offers, buying and reselling your own item(s) or manipulating the price of your listing;
(e) fail to deliver items sold by you or complete Transactions once payment has been received;
(f) charge excess delivery fees;
(g) avoid or attempt to avoid paying fees or charges to which we are entitled;
(h) violate or circumvent any sanctions or embargo;
(i) interfere with any other users’ listings; or
(j) promote, solicit, induce, instigate or otherwise tempt others to perform any of the above.
12. Guidance & Best Practice
12.1 From time to time we may provide guidance to users of the platform, such as best practices, communication, listing, pricing, shipping, sourcing etc., purely for informational purposes.
12.2 You are encouraged to try the features and functions available on the platform, communicate with other users, perform due diligence checks, seek independent advice, and exercise common sense and good judgment prior to entering into any contract with other users.
13. Limitation on our liability
13.1 While we endeavour to keep the platform safe for users, your use of the platform and any interactions with other users is entirely at your own risk.
13.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any harm to you or any third party resulting from your use of the Platform, regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation including but not limited to:
(a) losses that were not foreseeable to you and us when the terms was formed;
(b) losses that were not caused by any breach on our part;
(c) loss of profit;
(d) loss of revenue;
(e) loss of data;
(f) loss of use;
(g) loss of production;
(h) loss of contract;
(i) loss of opportunity;
(j) loss of savings, discount or rebate (whether actual or anticipated);
(k) harm to reputation or loss of goodwill;
(l) business losses; or
(m) losses to non-consumers.
13.3 The Platform is provided on an “as is” and “as available” basis and all express, implied and statutory warranties are disclaimed by us to the fullest extent legally possible in relation to both the Platform and all goods made available through it. This does not affect your statutory rights against the relevant Seller.
13.4 You understand and accept that the use of smart contracts, blockchain and cryptocurrency come with their own inherent risks including but not limited to malfunctions, bugs, hacking and changes of protocol rules, all of which may cause you loss.
13.5 The Contract is a private agreement between you and the Seller and, to the fullest extent legally permissible, we shall have no liability in respect of it.
13.6 You acknowledge and accept that we shall have no liability in relation to any disputes between users.
13.7 You agree that the limitations in this clause 13 are fair and reasonable given that the Platform is available free of charge and that you are free to discontinue your use of the Platform at any time.
14. YOUR INDEMNITY TO US
14.1 You will indemnify and keep indemnified on demand and hold us, our affiliates, employees, directors, officers and agents (Indemnitees) harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) (Losses) suffered or incurred by any Indemnitee and arising out of or in connection with:
(a) your use of or connection with the Platform including in relation to any User Content;
(b) any third party claim that any content of any nature whatsoever that you have uploaded to the platform allegedly infringes the intellectual property rights of any third party; and
(c) your violation of these terms and any applicable law.
14.2 You understand and agree that any breach or threatened breach any of these terms, may cause us irreparable harm for which damages may not be an adequate remedy., or an order compelling specific without proof of special damages. Accordingly, in addition to any other remedies and damages available to us, you agree that we are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
15. No partnership
You acknowledge that these terms, the Contract and/or any transaction made by you through our Platform, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Sellers.
16. Third party rights
No one other than a party to these terms has any right to enforce any part of these terms.
17. Entire Agreement
17.1 These terms and any documents referred to within them, constitute the entire agreement between us and you and supersedes all previous agreements, understandings and arrangements between us and you whether in writing or oral, in respect of its subject matter.
17.2 Both we and you acknowledge and agree that neither of us shall have any remedies in respect of, any representation or warranty that is not expressly set out in these terms or the document referred to within them except in the case of fraudulent misrepresentation and that neither of us shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these terms or any documents referred to within them.
18.1 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this agreement shall not be affected.
18.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.
19.1 We reserve the right to vary these terms from time to time. Our updated terms will be displayed here: GM.co/terms-of-service and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations but we will notify you where any significant changes have been made.
20.1 No failure, delay or omission by us in exercising any right, power or remedy provided by law or under these terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
20.2 No single or partial exercise by us of any right, power or remedy provided by law or under this agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.
20.3 A waiver of any term shall only be effective if given in writing and signed by us and then only in the instance and for the purpose for which it is given.
21.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our provision of the Platform, please contact us as soon as possible at email@example.com.
21.2 If you have a complaint regarding any goods you have purchased using the platform, you should direct these to the relevant Seller.
21.3 Our Complaint Handling Policy can be accessed here https://gmdotco.zendesk.com/hc/en-us/categories/8691133632669-GM-co-Dispute-Program.
21.4 If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes that does not involve going to court.
21.5 If you do not wish to use ADR, you can still bring court proceedings.
21.6 The laws of England and Wales apply to these terms although if you are a consumer and resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
21.7 Any disputes in relation to these terms will be subject to the exclusive jurisdiction of the courts of England and Wales unless you are a consumer (as defined by English law) in which case the courts of England and Wales shall have non-exclusive jurisdiction. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another country in which you live.