Terms & Conditions
1. Welcome to marko
- marko operates a social media-inspired peer-to-peer marketplace which allows you to buy and sell items using the marko application which we make available via our website (the “Service”). You can search for items, log-in to your profile and view other profiles (each account has a unique and public URL) via the website.
- The Service is operated by Marko Switzerland AG, incorporated and registered in Zürich under company number CHE-205.250.019 and with registered office at Langstrasse 231, 8005 Zürich (“we”, “our, or “us”).
2. Your relationship with us
- This document and any documents created and provided by us referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us via email at email@example.com.
- By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
3. Information about you and your privacy
4. Setting up an account
- To access our Service, you must register with us and set up an account with an email and password (your “Account”). We encourage you to use “strong” passwords (passwords that use more than 8 characters, a combination of upper and lower case letters as well as numbers) with your Account.
- You must be at least 13 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. marko does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. marko is a General Audience Site and the Service and its content are not directed at children under the age of 13. Children under the age of 13 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we may delete such information at our own discretion.
- You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us via email at firstname.lastname@example.org.
- You will need to verify your account via email in order to sell on marko. At any time, marko can request additional information or verifications to comply with rules and regulations.
5. marko Marketplace and Payments
- Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here.
- You can sell your items through our Service by publishing pictures and descriptions of the item you want to sell (“Sale Item”). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.
- Payment for transactions must take place via the third-party payment provider indicated on the Service (the “Payment Provider”).
- In order to list an item for sale on marko, you may need to sign up to the indicated Payment Provider.
- Payment processing services for users on marko are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement. By agreeing to these terms or continuing to operate as a user on marko, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of marko enabling payment processing services through Stripe, you agree to provide marko accurate and complete information about you and your business, and you authorize marko to share it and transaction information related to your use of the payment processing services provided by Stripe.
- By using the Service, you allow marko to initiate payments through the indicated Payment Provider on your behalf, including on-session and off-session payments. marko will only initiate one-time payments, and the payment amount will be determined by your purchase(s) made on the Service.
- If we need to reimburse a user in your stead because your Payment Provider account is in negative balance, you will be required to repay us for this amount and a debt will be created for the amount that you owe us for the refund. Whilst your Payment Provider account is in negative balance, marko may suspend or terminate your access to the Service in accordance with section 8 of these Terms of Service.
- Requesting, making or accepting payment for an item in any other way is a serious breach of the Terms of Service and may result in us suspending or terminating your access to the Service in accordance with section 8 of these Terms of Service.
- Please see here for more information about the fees we charge buyers and sellers for using our Services.
- We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of a Sale Item.
- Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item have to be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes.
- As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect to the extent permitted by applicable law. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
6. Transaction process
- The buyer accepts the seller’s offer when he/she clicks on “Buy securely” on the payment page, initiating a sales transaction. The buyer acknowledges that by doing so he/she has accepted the offer, taking into account the description of the sale item that is the subject of the sale, and that the acceptance is accompanied by a firm commitment to execute the contract with the seller under the terms of the offer.
- The contract is concluded under the resolutive conditions that 1) the seller ships the sale item by tracked mail no later than within seven (7) days after the sales transaction has been initiated, and 2) the buyer has two (2) days after receiving the sale item to initiate a return. If the Seller has not shipped the sale item within the seven (7) days or the buyer initiated a return within two (2) days after receipt of the sale item, shipped the sale item to the seller by tracked mail within three (3) days of initiating the return and completed the return process, the transaction will be canceled; the contract will expire in this case.
- To initiate a return, the buyer has to fill out the return formulary within two (2) days of receiving the sale item. The return formulary can be accessed through the “My purchases” section in their menu. It is the responsibility of the buyer to return the sale item to the seller by tracked mail within three (3) days of initiating the return. The return process is completed once the seller receives the sale item back.
- The transaction has been completed once the buyer’s two (2) day appeal period after receipt of the sale item has passed and he/she has not initiated a return, or if the sale item has been manually accepted by the buyer.
7. Payment flow
- Once the seller’s offer has been accepted, the total transaction amount (incl. the marko buyer protection fee and any applicable shipping costs) will be reserved from the buyer through the Payment Provider. If the transaction has not been completed within seven (7) days, we will instruct the Payment Provider to block and hold the payment.
- Once the transaction has been completed, the funds will be captured and/or transferred to the seller within thirty (30) days, with the applicable buyer protection and seller fees already deducted. Under normal circumstances, payments should arrive within 10 days.
- In the case that the contract expires due to the seller not shipping the sale item within seven (7) days, the payment reservation will be cancelled, or the funds returned.
- In the case that the buyer initiated a return within two (2) days of receiving the sale item and shipped the return by tracked mail within three (3) days of initiating the return, only the cost for the initial shipping and the Buyer Protection fee will be partially captured and/or transferred, once we receive confirmation that the seller has received the sale item back. The shipping costs will be transferred to the seller while the Buyer Protection fee will be transferred to marko. The remaining reservation amount for the price of the sale item will be cancelled or returned to the buyer.
- In that case that the buyer initiated a return within two (2) days of receiving the sale item, but failed to ship the return by tracked mail within three (3) days of initiating the return, the transaction is deemed complete and the funds will be captured and/or transferred to the seller within thirty (30) days, with the applicable buyer protection and seller fees already deducted. Under normal circumstances, payments should arrive within 10 days.
- For every sales transaction, a payment transaction fee will be deducted from the total amount receivable by the seller (“Seller Fee”). This is a service fee payable to marko for the operation of the marketplace. marko has the right to adjust the seller fee at any time. For sales transactions concluded before this change, the seller fee that was valid at the time of the conclusion of the sales transaction applies. marko is entitled to deduct the seller fee from the payment or to offset it against this or other, future payments.
- For every sales item purchased, a fee will be added to the item price payable by the buyer (“Buyer protection fee”). This is a service fee payable to marko for the operation of the marketplace as well as the provision of the buyer protection service. marko has the right to adjust the buyer protection fee at any time. For sales transactions concluded before this change, the buyer protection fee that was valid at the time of the conclusion of the sales transactions applies. marko is entitled to add the buyer protection fee to the total amount payable or to offset it against this or other, future payments.
- The User is obliged to ensure that the credit card as well as other means of payment with which he/she makes any payments according to these GTC are valid and have the required coverage. The User must fully compensate marko for all costs incurred by marko if total amounts owed are not paid on time.
8. Your right to use the Service
- The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content, software code and designs on each page of the marko application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service is non-exclusive.
- Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “marko” name, or any of the “marko” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to marko.
- These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of marko’s materials and content, the Service, marko name and/or trademarks, other than as explicitly set out in these Terms of Service.
9. Your content
- You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use.
- You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
- We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of marko.
- User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
- We have the right to adjust or delete any of your content without informing you or requesting your permission. This includes but is not limited to listings, pictures, categorizations, text descriptions or comments. This applies particularly to content that may be misleading, listed in the wrong category or infringing on the rights of third parties.
10. Rules of Acceptable Use
- In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
- You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
- Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 10(3).
- When using the Service you must not:
4.1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
4.2. Give any false or misleading information in your Account details.
4.3. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
4.4. Use the Service if we have suspended or banned you from using it.
4.5. Send junk, spam or repetitive messages.
4.6. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
4.7. Modify, interfere, intercept, disrupt or hack the Service.
4.8. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
4.9. Collect any data from the Service other than in accordance with these Terms of Service.
4.10. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as marko may decide in its absolute discretion.
4.11. Unfairly or unlawfully interfere or manipulate any user feedback system.
4.12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
4.13. Offer to sell or buy any of the items we list as prohibited items - marko has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
4.14. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe (if applicable) available through the Service.
4.15. Take any action which is deliberately designed to circumvent, reduce or manipulate the buyer protection fee or seller fee due to us (as specified in section 13).
4.16. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, national identity numbers, non-public phone numbers or non-public email addresses.
4.17. Mine data, screen scrape or crawl any part of the Service.
4.18. Disassemble, decompile or reverse engineer any part of the Service.
4.19. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of marko.
4.20. Circumvent any technical measures implemented to protect or provide the Service.
4.21. Use the service to drop ship
4.22. Offer to sell any items of which you are not the owner and/or do not have the legal right to sell.
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
5.1. immediate, temporary or permanent withdrawal of your right to use our Service;
5.2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
5.3. issuing of a warning to you;
5.4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
5.6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you;
5.7. The responses described in section 10.5 are not limited, and we may take any other action we reasonably deem appropriate.
11. Notice and takedown policy
- Any person may contact us by sending us an “Infringement Notice” or use the report function of our Service if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to Marko Switzerland AG, Langstrasse 231, 8005 Zürich, CH or by email to email@example.com. Please provide the information described below in the Infringement Notice:
1.1. your name and contact details;
1.2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
1.3. a link to or such other means of identifying the problematic content.
- We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
12. Advertisements on the Service
13. Seller fee & buyer protection fee
- The seller of any Sale Item will pay us a commission on the price of the sale item received by the seller (including VAT and any other applicable taxes, if any, but excluding shipping costs) in respect of any Sale Transaction (the “seller fee”). The seller fee is CHF 1.00 plus 1.9% of the price of the sale item received by the seller in respect of any Sale Transaction.
- The buyer of any Sale Item will pay us a buyer protection fee on the price of the sale item (including VAT and any other applicable taxes, if any, but excluding shipping costs) in respect of any Sale Transaction (the “buyer protection fee”). The buyer protection fee is 5.0% of the price of the sale item in respect of any Sales Transaction.
- Our fees will be deducted from the funds transferred to the seller via Stripe.
- We will provide the seller and buyer of the Sale Item with an invoice detailing the seller fee and buyer protection fee upon requests directed at firstname.lastname@example.org.
- The fees are inclusive of VAT or other sales taxes (where applicable).
14. Ending our relationship
- If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- If you wish to end your use of the Service, please contact us at email@example.com from the email address linked to your account and ask us to deactivate your Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonably require.
- We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
- We may also withdraw the Service for any reason, without notice, at any time and without any liability for us to the extent permitted by applicable law.
- If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.
- Any outstanding liabilities towards us (e.g. pending charge backs) will remain due even after an account was closed.
15. Our liability / responsibility to you
- You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
- Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
- marko is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service to the extent permitted by applicable law.
- You may be able to access third party links/websites/products via the Service. marko is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
- To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the fees payable in connection with that Sale Transaction.
- For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
- We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation, to the extent permitted by applicable law.
16. Your responsibility to us
- If any legal claim is asserted against marko due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defense of such claim, you agree to assist us as reasonably requested.
17. Resolving disputes
Disputes with us
- If you have a dispute with us relating to the Service, in the first instance you have to contact us via email at firstname.lastname@example.org and attempt to resolve the dispute with us informally. Disputes with other users relating to a Sale Transaction
- When you use the Payment Provider to pay for a Sale Item you may be eligible for Buyer Protection, details of which are available below.
- All purchases made outside of marko are against our Terms of Service and are not covered by Buyer Protection.
- If as a buyer your Sales Item has not arrived after 14 days after accepting the seller’s offer you can report the issue to us within 180 days and we will reply to you with instructions on how to proceed. If we see that the article has not been shipped or has been lost in transit, we will cancel your payment reservation or refund you for the total amount. Please make sure you report the issue as set out in paragraph 6 below in order to guarantee a prompt reply. To open a dispute: Open the Service and go to Profile > My purchases> select the product and click on ‘contact us’ where you can fill in more information on what happened.
- If as a buyer you like to return the Sales Item, you have two (2) days to initiate a return by filling out the return formulary. The return formulary can be access through the “Orders” section in your profile. Once the returned Sales Item is delivered back (see below clause 18.4), we will only partially capture and/or transfer the cost for the initial shipping and the buyer protection fee. The remaining reservation amount for the price of the article will be cancelled or returned.
- Please know that in regards to any kind of buyer protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online), and that the cost of returning the Sales Item cannot be refunded.
- In order to be eligible for marko Buyer Protection, you must: a) prove that you purchased the Sale Item through the marketplace using the Payment Provider, and b) report the non-arrival of the sales item according to paragraph 3 to marko within 180 days from the date of purchase or initiate a return via tracked delivery according to paragraph 4 within two (2) days after receiving the sales article. marko Buyer Protection applies only if these conditions are met.
- Should you decide to appeal any decision marko has made under this section of the terms, then please contact us. Be aware that we will only consider appeals where you can supply new evidence to support your case.
- The seller is responsible for the shipment of the Sales Item to the buyer. Any shipments need to be tracked. In case of loss or damage to the article during shipping, any seller compensation shall be borne by Die Schweizerische Post AG, provided that the claim is accepted in accordance with the conditions provided for this purpose in the General Terms and Conditions of Die Schweizerische Post AG, which also regulate the amount of the possible compensation. For more information, please visit the website of Die Schweizerische Post AG.
- The seller is responsible for entering the appropriate shipping costs in the product listing. Neither marko nor the buyer are responsible for any excess postage charges.
- The buyer pays for the shipping costs indicated in the product listing when he/she accepts the seller offer by clicking on “Buy securely” on the payment page.
- In case he/she requested a return, the buyer is responsible for the shipment of the article and covers all the applicable charges. Any returns need to be tracked as described on the Service. The Sales Item is deemed returned if the Sales Item is marked as delivered on the respective tracking service.
- marko shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to marko by any competent authority the seller agrees to reimburse marko fully in respect of the same within 7 days of our demand.
19. Changes to the Service
- We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at email@example.com from the email address linked to your account.
20. Changes to these Terms of Service
- We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
- Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
21. Documents that apply to our relationship with you
- The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version at this link.
- We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
- If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
22. Law and general provisions
- As we are based in Zürich, Switzerland, substantive Swiss law (excl. conflict of law provisions) will apply to all disputes and the interpretation of these Terms of Service. The courts having jurisdiction for the city of Zürich will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations marko may have in your country of residence, where marko is not allowed to exclude such as a matter of law.
- We may assign any of our rights and obligations under these Terms of Service.
- These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and marko.
- marko will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances marko will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and marko’s other commitments.
23. Contact, feedback and complaints
- If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please contact us via our contact form here.
- We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.