Terms and Conditions of Use – Intercontinental Marketplace

Terms and Conditions of Use – Intercontinental Marketplace

Effective Date: March 23, 2025

Last Updated: March 23, 2025

1. Introduction

1.1. These Terms and Conditions (the “Agreement”) govern your use of the Intercontinental Marketplace (the “Marketplace”), a digital platform operated by Siki Initiatives Pty Ltd (“Company”, “we”, “our”, or “us”). By accessing or using our website and services, you agree to be bound by this Agreement and all policies incorporated by reference.

1.2. The Marketplace facilitates interactions between Users acting as Sellers (those offering goods or services) and Buyers (those seeking to purchase goods or services). This Agreement is designed to ensure a secure, fair, and transparent environment for all participants.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

• Marketplace: The online platform provided by the Company where Users may list, discover, and transact for goods and services.
• User: Any natural person or entity that accesses or uses the Marketplace.
• Seller: A User who offers goods and/or services for sale on the Marketplace.
• Buyer: A User who purchases goods and/or services from Sellers on the Marketplace.
• Account: The personal user account created upon registration, used by a User to access the Marketplace.
• Dispute: Any conflict or claim arising in relation to the use of the Marketplace, including but not limited to issues related to transactions, intellectual property, or contractual breaches.
• Payment Methods: The approved methods of payment provided through or by the Company to conduct transactions on the Marketplace.

3. User Registration and Account Creation

3.1. Eligibility: Only Users who are legally able to enter into contracts are eligible to register an account on the Marketplace.

3.2. Registration:

• Users must provide accurate, current information during the registration process.
• Each User is responsible for safeguarding their account credentials and for all activities conducted under their Account.
• The Company reserves the right to suspend or terminate accounts found to be in violation of these Terms.

3.3. Account Approval: Account creation may be subject to review and approval. Users agree to provide any additional information as requested by the Company to verify their identity and eligibility.

4. Usage Guidelines

4.1. Compliance: Users agree to comply with all applicable laws, including International Trade Laws, as well as the specific regulations of Australia and the African countries where the Company operates.

4.2. Prohibited Activities:

• Users shall not use, or promote others to use, the Marketplace for any unlawful, fraudulent, or harmful activity.
• Users must not interfere with or disrupt the operation of the Marketplace, or any networks or servers connected thereto.

4.3. Content Posting: Sellers must ensure that all content, listings, and descriptions are accurate, non-misleading, and in compliance with all applicable regulations. The Company may remove or modify any content that violates these terms, in its sole discretion.

4.4. User Obligations: Users further agree to abide by any additional guidelines or codes of conduct as posted on the site from time to time.

5. Payment Methods and Transaction Terms

5.1. Payment Processing:

• All transactions on the Marketplace shall be conducted via payment methods approved by the Company.
• The Company may process payments, charge applicable fees, and hold funds in escrow for dispute resolution where necessary.

5.2. Fees and Charges: Sellers and Buyers agree to pay any fees associated with listing, selling, or purchasing goods and services as per the fee schedule published by the Company. Any changes to fees will be communicated in advance.

5.3. Refunds and Cancellations: Refunds, cancellations, or returns shall be handled according to Return and Refund Policy for InterContinental Marketplace . Disputes regarding payments will be resolved in accordance with Section 8.

6. Intellectual Property Rights

6.1. Company IP: All intellectual property rights in and to the Marketplace, including text, graphics, logos, and software, are owned by or licensed to the Company.

6.2. User Content: Users retain ownership of the content they post; however, by posting on the Marketplace, Users grant the Company a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, and distribute such content solely in connection with operating, promoting, and improving the Marketplace.

6.3. Copyright and Trademark: No User shall infringe on the intellectual property rights of the Company or third parties. Any unauthorized use may result in immediate removal of content and/or termination of the user’s account.

7. Data Privacy

7.1. Privacy Policy: Our collection, use, and disclosure of personal data are governed by our Privacy Policy, which is incorporated herein by reference. Users should review the Privacy Policy for InterContinental Marketplace carefully.

7.2. Data Security: We take commercially reasonable measures to protect personal data but cannot guarantee absolute security. Users are responsible for safeguarding their own account information and reducing exposure to fraud or abuse.

7.3. International Data Flows: By using the Marketplace, Users consent to the transfer, storage, and processing of data in jurisdictions that may differ from their own, subject to applicable international trade and privacy laws.

8. Dispute Resolution

8.1. Negotiation: In the event of any dispute relating to these Terms or the Marketplace, the Parties agree to first try to resolve the dispute informally through direct negotiation.

8.2. Mediation and Arbitration: If a dispute is not resolved through negotiation within thirty (30) days, the Parties agree to attempt resolution through mediation. Should mediation fail, disputes will be submitted to binding arbitration in accordance with rules agreed upon by the Parties. Arbitration may take place in Australia or in a mutually agreed African jurisdiction, considering the international trade laws governing such transactions.

8.3. Class Action Waiver: Users agree that any dispute resolution proceedings shall be conducted only on an individual basis and not as a class action or collective legal proceeding.

8.4. Costs: The prevailing party in any arbitration may be entitled to recover its costs and expenses incurred in the arbitration process.

9. Limitation of Liability and Disclaimers

9.1. Disclaimer of Warranties:

• The Marketplace is provided on an “as is” and “as available” basis. The Company disclaims all warranties whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• The Company does not warrant that the Marketplace will be uninterrupted or error-free.

9.2. Limitation of Liability:

• Under no circumstances shall the Company be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or related to your use of the Marketplace.
• The total aggregate liability of the Company, whether in contract, tort, or otherwise, shall not exceed the fees paid by Buyer or Seller (if any) in connection with the particular transaction in dispute.

9.3. Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, or regulatory changes.

10. Indemnification

10.1. User Indemnity: Each User agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Their use of the Marketplace.
• A breach of these Terms.
• Infringement of any third-party rights by any content or transaction.
• Violation of any applicable law or regulation.

11. Governing Law and Jurisdiction

11.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia, subject to any mandatory provisions of International Trade Law applicable between Australia and the designated African countries (Ghana, Kenya, South Africa, Egypt, Nigeria).

11.2. Jurisdiction: Any claims or disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in Australia and, where applicable, the courts in the relevant African countries where the Company operates. Notwithstanding the foregoing, the dispute resolution provisions in Section 8 shall govern the initial resolution of disputes.

11.3. Compliance with International Trade Law: Both the Company and the Users shall comply with all applicable International Trade Laws that impact transactions or interactions under this Agreement.

12. Modification and Termination

12.1. Modifications:

• The Company reserves the right to amend, modify, or update this Agreement at any time.
• Significant changes will be communicated by posting a notice on the Marketplace or via direct communication to registered Users. Continued use of the Marketplace constitutes acceptance of the modified terms.

12.2. Termination:

• Either party may terminate or suspend access to the Marketplace with or without cause by providing notice as outlined in our termination policy.
• Upon termination, all rights granted to the User to access and use the Marketplace will immediately cease, subject to any continuing obligations under this Agreement.

13. Miscellaneous

13.1. Entire Agreement: This Agreement, together with any additional policies or guidelines incorporated by reference, constitutes the entire agreement between the User and the Company regarding the use of the Marketplace.

13.2. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

13.3. Waiver: The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

13.4. Notices: Any notices or communications provided under this Agreement shall be in writing, sent to the Company’s designated contact address, or via electronic means as specified on the Marketplace.

14. Contact Information

If you have any questions about these Terms and Conditions or require further clarification, please contact us at:

• Siki Initiatives Legal Department
• Email: admin@intercontinentalmarketplace.com
• Mailing Address: 9 Adelphi Court, Marangaroo WA 6064, Australia

Additional Considerations and Unique Marketplace Features

• User Ratings and Feedback: To foster trust and accountability, the Marketplace may feature user ratings, reviews, and dispute reviews. These features are subject to additional terms and moderation guidelines.
• Escrow Services: For higher-value transactions or where required by law, an escrow mechanism may be employed to protect both Buyers and Sellers.
• Content Moderation: The Company may implement a tiered content moderation system to promptly address potentially harmful or non-compliant posts on the Marketplace.
• Promotional Policies and Affiliate Programs: Further guidelines may govern promotional initiatives, referral programs, or affiliate marketing arrangements, ensuring transparency in advertising and commissions.

Final Remarks

Present comprehensive Terms and Conditions document is intended to provide clarity, fairness, and legal robustness across multiple jurisdictions including Australia and the specified African countries. It is designed to be a living document that evolves as the Marketplace grows, reflecting operational changes, new laws, and the changing business environment.