Got tack? Get Selling!
Picture this...
You unlock your tack room, excited for the ride ahead. Itâs a glorious day and Rolo (your 17hh beauty of a thoroughbred) is feeling extra lively after tucking into his superboost laced feed. But, as you go to push open the door open, itâs stuck!
You give it a couple of rams with the shoulder, only to gain a few inches because on the floor and spilling out of the small gap you managed to create are snippets of the heaps of tack, riding gear, clothing and equipment. Weâre talking bling bridles, haughty halters, browbands brimming with diamantes, in an absolute mess behind the door.
Thatâs when you realise: Yeah, youâve slightly overspent on tack. All justified because Rolo is SUCH a handsome boy in that tan leather bridle with glittery red diamantes. And, oh, âwe must get something to bring out the hazel in his eyes.â
So itâs back in the paddock for Rolo, who gives you that look that makes you think, why the long face. Iâve got to sell some of that tack, you tell yourself but the just the thought of trying to sell on social media has you just wanting to go back in bed to re-repeat all of âTaylorâs Versionsâ.
This is where we come in, a brand-new app to buy and sell second-hand tack. We are Take My Tack. Weâre a small nudge in the back that says, go back in that tack room and get selling. Simply take your phone, snap a picture of the 3rd variation of that rope halter that you KNOW you donât need and upload it straight to the Take My Tack app.
Itâs free to use, safe to use and we only take commission when youâve sold something. Weâre free of scammers as all sellers are vetted and, thanks to our visionary design team filtering and finding what you need is about as easy as one canvaletti on a 17 hand Dutch Warmblood.
So if youâve got tack, get selling on Take My Tack!
Buyer Frequently Asked Questions
Can I order from different sellers?
Yes, definitely! You are welcome to shop around from as many sellers as you like. The seller is responsible for sending the order, so if you do purchase from different sellers, you will be charged individual shipping costs. Some sellers may offer free shipping and others may offer the option to collect directly from them.
What is the refund period?
You are eligible for a refund or return within 7 days of receiving the order. Should the 7 days have elapsed, you are still able to request a refund, which will be carefully considered by the Take My Tack team and the seller. We will strive to be fair and understanding to each case, being mindful of the fact that we deal in second-hand tack products.
How can I return a product?
Within your account, you can manage your orders by clicking the ‘Orders’ button. This will show you a list of your orders and their status. Simply click the order you wish to amend and click âReturn/Refundâ. Choose a reason and then click Send Request. You will be notified as to the outcome of your refund request.
How can I cancel my order?
You will be able to cancel order if the item has not been dispatched by the seller. Once you have a selected a reason for cancellation, you will receive a notification when the cancellation has been approved. To do this, in your account, you can view your orders and click âCancel Orderâ.
Can I contact the seller directly?
To protect the sellers from spam or scammers, their personal details have been hidden. However, with the Live Chat feature and Enquiry feature you can speak to the seller directly. These features ensure your message is seen by them directly. The Chat Feature is a great way to get talking straight away if the seller is online. The seller receives a notification when you have sent them an enquiry. You can view your list of enquiries in your account. If you have tried to contact the seller and you have not gotten a response, you are welcome to contact us!
What payment methods are accepted?
Take My Tack accepts all major debit and credit cards from customers via our Stripe integration. We also accept Apple & Google Pay.
Do I pay the seller directly?
To protect the seller from potential scams and to ensure that the buyer receives their order in good time, the correct order and an order in the same condition as advertised, Take My Tack receives the payment and then pays-out to the vendors. Therefore, as a buyer, your money is safe with Take My Tack, and we can refund you if there are any problems with your order.
When do I receive my refund pay-out?
Should you cancel an order before the order has been dispatched then you will receive your refund immediately. Should you have requested a refund, you will receive the refund back on the original payment method when you the refund request has been resolved with the seller, where the seller has accepted the refund request and the seller has received the product back.
Is it safe to pay for my order on Take My Tack?
Yes, all payments are made through Stripe and each payment is protected until you receive your order from the seller.
Who is responsible for shipping the order?
Because Take My Tack is a marketplace App, the responsibility to ship the order to the customer is with the seller. Therefore, the seller sets the price of the shipping depending upon the kind of service/courier company they use. Some sellers will offer the option to collect the order directly from the seller and some sellers will offer free shipping.
How long will it take to get my package?
This depends upon the seller but we have encouraged all sellers to dispatch within a timely manner to achieve a turnaround of time of 3 – 5 working days. It also depends on the kind of service that is used i.e. 1st class etc. If you feel that your package has been delayed in anyway, kindly contact us and we will follow it up on your behalf.
Can I collect the order from the vendor?
The shipping options, including whether it is possible to collect are set by the seller. Therefore, when you check out on the App, you will see what those options are. In some instances, sellers will allow the customer to collect directly from them. In that case, you will see the option to collect when you check out.
Do you ship internationally?
The seller has the option to decide whether they can ship internationally. Since the seller is responsible for shipping the item they are selling, they can set the international shipping charges in their dashboard. You can contact the seller to ask them whether they are able to ship internationally.
Should you have any further questions, kindly contact us talk@takemytack.co.uk
Seller Frequently Asked Questions
How do I become a seller?
It is so easy to register to become a seller. Just visit your Account and click âManage Seller Accountâ. You will then be prompted to quickly set up a Seller Account. Once your Seller Account is active, you can easily switch between your Account and your Seller Account.
Who can become a seller?
Anyone! Even if you are private seller and you just want to sell one item, you can still register and go through the quick & easy steps to create your profile and upload what you are selling on your Take My Tack. Â We also encourage small and medium tack shops to become a seller and make use of the platform to market to a wide audience.
How many items can I sell?
You can sell up to 5 items once verified. COMING SOON: Should you need to sell more items or unlock more features, such as auctioning off items, you can buy Take My Tack credits via the In-App purchases. For now, it is 5 items once verified, so once registered, kindly complete the verification process to get full access.
Do I need to be a verified seller?
Unverified sellers can only sell 2 items on all plans. Once you are verified, you can sell in line with the plan. The verification process is in place to protect the site from being utilised by scammers. Therefore, we encourage sellers who register to complete the verification process by uploading forms of ID so should there ever be an issue, we can reach out to you about that. Please note that these documents are not public.
What can I sell on Take My Tack?
Take My Tack encourages users to sell their second-hand horse tack, as well as riding clothing and any accessories associated with the equestrian industry. Currently, we are not allowing the buying and selling of horses. If you wish to list your horse box for sale, we ask that you use our Equine Directory. Brand new tack is also welcomed!
Can I auction items off on Take My Tack?
COMING SOON: Yes, absolutely! You can set the item as you upload it as an auction item on the Thoroughbred and Warmblood plan. From there, you can set the start date of the auction, the end date, the minimum bid amount, the increments amount and if there is a buy now amount. The auction item will then appear on our dedicated auction page.
When do I get paid for my sales?
To protect the customers and ensure that their money toward the order is protected, Take My Tack receives the payment of the order directly. We do this either via Bank Transfer or by card facilities. We then pay-out to the seller at the end of the month, always ensuring that the customer has received the product first. As a seller, please make sure that your order has been marked as completed.
What are the pay-out methods?
Take My Tack uses Stripe to receive payments and to initiate payments. Therefore, Take My Tack makes use of the pay-out options within Stripe, which are bank transfer and Stripe to Stripe.
Can I cancel my seller account at any time?
Yes, you are welcome to cancel your seller account and remove all your items from the App at any time. There is no fee involved in doing so and all outstanding amounts owed will be settled once cancellation has been initiated.
How old do I have to be to list my tack?
We allow sellers 16 years old and above. We ask for your date of birth when registering. Persons between the age of 16-18 years old need to provide parental consent to sell on the platform. The reason being is that when Take My Tack members agree to buy or sell items, they are entering into contracts with each other. In most countries, you must be at least 18 years old to enter a contract.
Who is responsible for shipping?
As a seller, we ask that you are responsible for shipping the order within 2 days of the date of sale. If there is a delay in dispatching the order, we ask that you kindly contact the customer to inform them of the delay. Should there be a delay, expect the buyer to cancel the order and receive an immediate refund.
Should I charge for shipping?
Potential customers are more attracted to sellers that offer free shipping on the items they are selling. However, if you wish to charge shipping, you can set the shipping price in your Seller Account.
What happens if a package is lost in transit?
In the very rare occasion that a package is lost in transit, the buyer will be refunded in full. Therefore, it is imperative that as a seller, you use a reputable shipping service to send your orders.
Do I receive the Shipping amount I charge back?
Yes, absolutely. At the end of the month, you will receive your pay-out from all the sales you have made via Take My Tack, including the shipping amount that you charged for each order.
What are the commission amounts?
The commission amount is 20% for orders under ÂŁ100 and 10% for orders above for all items. Should you be selling on a behalf of a charity, there is no commission. You can get in touch with us if you are selling for a charity and we can verify this and remove the commission amount.
Are there any hidden fees?
No. Take My Tack only takes a commission off the sales made. All the other fees associated with the App will be taken care of by Take My Tack.
When do we receive the pay outs from the orders?
Take My Tack pays out at the end of every month, minus the commission. We pay into your bank account via Stripe, or Stripe to Stripe should you have an account.
Terms & Conditions
It is important that you read the Terms & Conditions when selling on Take My Tack. Take My Tack is a marketplace app for 16 years and older to sell their new or second-hand tack. Click below to read the rules around selling on a marketplace.
Thank you for joining Take My Tack, an App marketplace where you can buy and sell
second hand horse tack. These terms & conditions explain the rules for using this App, so please do read them carefully. If you have any questions, you are welcome to email us:
1. Welcome
1.1 Welcome to Take My Tack (âthe Marketplaceâ), an App owned and operated by
Savara Tack Ltd. The Marketplace provides a platform for third-party sellers (each herein either âyouâ or âSellerâ) and buyers (each a âCustomerâ) to complete transactions for the sale of products merchandised and listed by the Seller. The Marketplace provides a platform for these transactions to take place.
1.2 By registering for and using the Marketplace, you agree to be bound by all terms and conditions of this agreement.
2. Changes to these Terms
2.1 We may make changes to these terms by amending them from time to time. Every time you wish use to the App, please check these terms to ensure you understand the terms that apply at the time.
3. Changes to the App
3.1 We may update and change the App from time to time and may change the content at any time. However, please note that any of the content on the App may be out of date at any given time, and we are under no obligation to update it. We do to guarantee that the App, or any content on it, will be free from errors or omissions.
4. Accessing the App
4.1 The App is made available free of charge
4.2 We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of a App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3 You are also responsible for ensuring that all persons who access the App through your internet connection, mobile device or tablet are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5. Your Account & Password
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at talk@takemytack.co.uk.
6. Eligibility
6.1 Seller acknowledges and agrees that use of the Marketplace is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Marketplace and only products that form part of the equestrian market/community.
6.2 You must login with an existing account or complete the App registration process to create an account with a username, e-mail and password (the âAccountâ) in order to make full use of selling on the marketplace, as per point 5.
6.3 You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Furthermore, you must hold the relevant insurance and licenses for your product sales.
7. Licenses
7.1 You hereby grant to each of The Marketplace, non-exclusive, transferable, royaltyfree right to display and use the information, graphic, trademark, copyrighted work and other material and information contained in your listings in any existing or future media/advertising, known or unknown, now or at any later date (the âListingâ).
7.2 Such right shall include, without limitation,
7.2.1 the right to provide to prospective and actual Customers the right to access and use the Listing via the Marketplace App Take My Tack.
7.2.2 the right to display and use the Listing and any portion thereof in the promotion and advertisement of the Marketplace.
7.3 The Marketplace grants the Seller a limited, non-exclusive, revocable license to access and use the Marketplace. The foregoing licenses do not include any rights too:
7.3.1 modify, download (other than page caching), reproduce, copy, or resell the Marketplace or any portion or derivative thereof;
7.3.2 copy or download any Sellerâs account information for the benefit of any third party;
7.3.3 enable high volume, automated, electronic processes that apply to the Marketplace or its systems;
7.3.4 use any robot, spider, data miner, scraper or other automated means to access the Marketplace or its systems for any purpose;
7.3.5 interfere or attempt to interfere with the proper working of the Marketplace;
7.3.6 bypass any Marketplace measures used to prevent or restrict access to any portion of the Marketplace;
7.3.7 frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The
Marketplace;
7.3.8 use The Marketplace or its affiliates name, trademarks, services marks or logos in any meta tags or any other âhidden textâ; or
7.3.9 Compile, repackage, disseminate or otherwise use data extracted from the
Marketplace.
8. Intellectual Rights Property
8.1 We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from the App for your personal use and you may draw the attention of others within your organisation to content posted on the App.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged.
8.5 You must not use any part of the content on the App for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of a App in breach of these terms of use, your right to use our webApp will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. Third Party Links & Resources on App
9.1 Where the App contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interrupted as approval by us of those linked websites or information you may obtain from them.
9.2 We have no control over the contents of those websites or resources
10. Marketplace Fees
10.1 For all items sold through its marketplace, The Marketplace charges a commission off selling price only.
10.2 The Seller will receive a payout minus the commission and in some cases, including the delivery charge on the 25th day of every month. The options for payout is via Stripe, PayPal (coming soon) or Electronic Bank Transfer. The Seller will need to state which pay-out option is preferred on their dashboard.
11. Refunds & Exchanges
11.1 The Marketplace App will allow customers to initiate refunds & exchanges in line with the returns and exchanges terms listed by the Seller. Therefore, the Seller agrees to honour refunds & exchanges that a customer using the Marketplace App may request if it falls inside the Sellerâs agreement.
11.2 The customer may not contact the Seller to initiate a refund or exchange and must go through the App.
11.3 The App will be responsible for paying out monetary refunds to customer once the customer has received the product and is satisfied with the quality of the return, providing the Seller has not been paid out for the order.
11.4 In this instance, The Marketplace will then reimburse the Seller with the commission amount retained on the product that has been successfully returned, providing the Seller has not already been paid out.
11.5 If the request to refund or exchange is accepted the customer is responsible for sending back the order in the same condition as it was received and using a delivery service that ensures the products safe return.
11.6 The customer is responsible for the cost involved to send back the order unless then has been an error made by the Seller. If this is the case, the App will facilitate the return, ensuring that the Seller covers the cost.
12. Certain Reservation of Rights
12.1 the Marketplace platform allows the Seller to freely add products by accessing their dashboard. The Marketplace retains the right to immediately halt any sale, prevent or restrict access to the Marketplace, or take any other action to restrict access to (i) any Listing that contains objectionable material, as determined by The Marketplace in its sole discretion, (ii) any inaccurate Listings, and (iii) inappropriately categorised items. Furthermore, certain items cannot be listed or sold on this platform. These include at this stage:
12.1.1 horses
12.1.2 ponies
12.1.3 livestock
12.2 the Marketplace will be able to moderate the products being uploaded and reserve the right to remove any products that violate the above.
13. Uploading content to the App
13.1 Whenever you make use of a feature that allows you to upload information and materials to the App, or to make contact with other users of the App, you must comply with the user generated content standards set out in these terms of use.
13.2 You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to the App will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your content, but you are required and agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
13.4 We also have the right to disclose your identify to any third party who is claiming that any content posted or uploaded by you to a App constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the App.
13.6 We have the right to remove any posting you make on the App if, in our opinion, your post does not comply with the content standards set out below.
13.7 You must comply with the spirit and the letter of the following standards. The standards apply to ach part of any contribution as well as to it whole.
13.8 Contributions must:
13.8.1 Be accurate (where they state facts).
13.8.2 Be genuinely helpful (where they state opinions).
13.8.3 Comply with applicable law in the country that the App is being used.
13.9 Contributions must not:
13.9.1 Contain any material which is defamatory of any person.
13.9.2 Contain any material which is obscene, offensive or hateful.
13.9.3 Promote sexually explicit material.
13.9.4 Promote violence.
13.9.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
13.9.6 Infringe any copyright, database right or trade mark of any other person.
13.9.7 Be likely to deceive any person.
13.9.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
13.9.9 Promote any illegal activity.
13.9.10 Be threatening, abuse or invade anotherâs privacy, or cause annoyance, inconvenience or needless anxiety.
13.9.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
13.9.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
13.9.13 Give the impression that they emanate from us, if this is not the case.
13.9.14 Advocate, promote or assist any unlawful act such as (by way of example only)
copyright infringement or computer misuse.
14. Ability to Sell; Warranties to Customers
14.1 Seller is obligated to sell to Customers who meet the Sellerâs terms contained in the Listing the listed item at the listed price. By listing an item for sale, Seller represents and warrants to each prospective Customer that Seller has the right and ability to sell such item, and that the information contained in the Listing is accurate, current, and complete and is not misleading or otherwise deceptive.
15. Taxes
15.1 All the prices listed on the Marketplace include tax and the commission taken off the retail price includes tax and therefore, the retail price provided by the Seller to the Marketplace and included on the Sellerâs seller profile needs to include tax.
16. Lawful Conduct; Disclosure to Third Parties
16.1 The Marketplace may be used only for lawful purposes and in a lawful manner. Seller agrees to comply with all applicable laws, statutes, and regulations. Seller may not register under a false name. Seller may not impersonate any participant or use another participantâs password.
16.2 The Marketplace reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect The Marketplaceâs systems and customers, and/or to ensure the integrity and operation of The Marketplaceâs business and systems, The Marketplace may access and disclose any information it considers necessary or appropriate, including but not limited to Seller contact details, IP addressing and traffic information, usage history, and history of posted Listings.
17. Representations and Warranties
17.1 Seller represents and warrants to The Marketplace that:
17.1.1 the Listings may be reproduced, used, displayed, and distributed as contemplated by this Agreement without violating or infringing the rights of any third party, and without obligating The Marketplace to pay any additional fees to any party;
17.1.2 Seller will obtain all rights, permissions and approvals from any third party (including but not limited to electronic reproduction rights) necessary for use of Listings in connection with the Marketplace;
17.1.3 the Sellerâs data (including without limitation the Listings) provided to the Marketplace is accurate;
17.1.4 it owns or has the authority to sell all of the items displayed in its Listings and to convey free and clear title to such item upon consummation of a transaction with a Customer; and
17.1.5 it will comply with all applicable laws, rules and regulations (national, domestic, state, local and regional).
17.2 Seller further represents and warrants to The Marketplace that Listing contains any item that:
17.2.1 infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy);
17.2.2 constitutes libel or defamation; or
17.2.3 is counterfeited, illegal, stolen, deceptive or fraudulent.
18. Privacy
18.1 Seller shall not use any information received via the Marketplace, including Customer contact information, for the purposes of solicitation, advertising, spamming, invasion of privacy or otherwise objectionable conduct. Furthermore. Seller shall not use any information received via the Marketplace, including Customer contact information, in a manner that would violate, or give The Marketplace or any of its licensors liability under, any applicable law including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (âCAN-SPAM Actâ) and any CAN-SPAM Act regulations.
19. Indemnification
19.1 Indemnification: Seller hereby agrees to indemnify and hold harmless The Marketplace and its parent, subsidiaries and affiliates, and their respective directors, officers, employees, agents, shareholders, partners, members and other owners (collectively, âIndemnified Partiesâ), against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneysâ fees and expenses) brought about by any person (any or all of the foregoing hereinafter referred to as âClaimsâ), insofar as such Claim (or actions in respect thereof) arise out of or are based on
19.1.1 its breach of this Agreement and, any breach of the representations warranties, covenants or agreements it makes herein;
19.1.2 intentional misconduct; or
19.1.3 gross negligence.
19.2 Procedures: With respect to any claims falling within the scope of the foregoing indemnification, Seller agrees to keep the Indemnified Parties fully advised with respect to such claims and the progress of any suits, and the Indemnified Parties shall have the right to participate, at Sellerâs expense, in any suit instituted against them and to designate attorneys to defend them. Seller shall not settle, compromise or otherwise enter into any agreement regarding the disposition of any claim against the Indemnified Parties without the prior written consent of The Marketplace.
20. Applicable Law; Venue; No Class Action;
20.1 The Marketplace is available worldwide. This Agreement shall be governed by and construed in accordance with the laws of the where the App is being used, without giving effect to the conflict of law principles thereof.
20.2 Any action or claim (including claims for injunctive or other equitable relief) shall be exclusively adjudicated by a court of competent jurisdiction located in the United Kingdom.
20.3 Any controversy or claim arising under this Agreement, including any breach hereof, or the Marketplace shall be litigated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude The Marketplace from seeking any injunctive relief in state, federal, or foreign courts for protection of The Marketplace or its licensorsâ intellectual property rights.
21. Termination
21.1 The Seller may, in its sole discretion, remove their items off the App and delete their account indefinitely without notification, providing there are no outstanding payouts.
21.2 Should there be outstanding pay-outs or should the Seller have a membership with the App and the Seller wishes to terminate, they must do so by giving 30 days written notice.
21.3 The 30 day period allows the App and Seller to resolve any pending transactions, orders or subscriptions.
21.4 Effect of Termination. In the event of termination for any reason;
21.4.1 The Marketplace shall disburse any funds owed to Seller no later than thirty (30) days following the effective date of such termination;
21.4.2 And The Marketplace shall use commercially reasonable efforts to cease using the Listings, but in any event no later than thirty (30) days following the effective date of such termination.
22. General Provisions
22.1 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. If the Seller has entered into a separate signed written agreement with The Marketplace with respect to the subject matter hereof and there is a conflict between any provision of this Agreement and the provision of said other agreement, the provision of said other agreement shall govern.
22.2 No Agency; Third-Party Beneficiary. The Marketplace is not the agent, fiduciary, trustee, or other representative of Seller. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement.
22.3 Severability. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided, that no such severability shall be effective if it materially and adversely changes the economic impact of this Agreement on any party.
22.4 No Waiver. The Marketplace will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by The Marketplace. No delay or omission by The Marketplace in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The Marketplaceâs failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of The Marketplaceâs right to subsequently enforce such provision or any other provisions of this Agreement.
22.5 Intellectual Property. Seller acknowledges and agrees that
22.5.1 The Marketplaceâs and its licensorsâ patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, âIntellectual Propertyâ) is and shall remain the sole property of The Marketplace or its licensors as the case may be and
22.5.2 nothing in this Agreement shall confer in Seller any right of ownership or license rights in the Intellectual Property. Seller shall not now or in the future contest the validity of the Intellectual Property.
22.6 Publicity. Neither party shall, without the other partyâs prior written consent, use the name or any trademark of the other party in any manner, including, without limitation, in any press release or other advertising materials.
22.7 notice of any suspension or withdrawal.
23. Viruses
23.1 We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
23.2 You must not misuse our App by knowingly introducing viruses, Trojans,
worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which that App is stored or any server, computer or database connected to our App. You must not attack any App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
24. Linking to a App
24.1 You may share a link to download the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
24.2 You must not:
24.2.1 Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
24.2.2 Establish a link to the App in any App that is not owned by you, or;
24.2.3 Frame the App on any other App, nor may you create a link to any part of the App other than the home page of that App.
24.3 We reserve the right to withdraw linking permission without notice.
24.4 The App in which you are linking must comply in all aspects with the content standards set out in these terms of use.
24.5 If you wish to link to or make any use of content on the App other than set out above, please contact us.
25. Applicable Law
25.1 These terms of use, their subject matter and their formation, are governed by the law that the App is downloaded. You and we both agree that the courts of the law that the App is being used will have exclusive jurisdiction except that if you are a consumer resident in another jurisdiction, you may also bring proceedings in the courts of the jurisdiction in which you reside.