Terms & Conditions

Remember to read our rules first!

Hi! Welcome to EzMarketz and Thank you for choosing us! Here we have some rules of our house:

Acceptance of the Terms
Other Rules
Your Privacy
Your Account with EzMarketz
Your Content
Your Use of Our Services
Termination
Warranties and Limitation of Liability
Indemnification
Disputes with Other Users or with EzMarketz
Changes to the Terms
Contact Information

Acceptance of the Terms

This document and other documents referenced below, constitute our Terms and Conditions.

The use of this website or mobile applications implies full acceptance of the provisions included in these terms and conditions of use, as a legally binding contract with Buen Viva, SA, a corporation duly registered in the Republic of Panama, hereinafter referred to as (EzMarketz and/or Website).

By using any of our Services (even simply browsing one of our websites), you agree to the Terms. If you do not agree to the Terms, you cannot use our Services. Likewise, EzMarketz informs the Users of this Website that these Terms and Conditions may be modified without prior notification. Consequently, the User must carefully read this Legal Notice each time the Website is used, as it may undergo modifications.

Other Rules

EzMarketz connects people from all over the world, both online and offline, to produce, sell and buy unique products and services through our web platform, mobile applications and social networks.

EzMarketz may change at any time and without prior notice, the design, presentation and configuration of the website, as well as some or all of the services and add new services.

Some guides below will help you understand the relevant rules for the services you use.

Supplier or Seller: “Supplier” or “Seller” is understood to be any person who visits, registers or makes use of the services of EzMarketz. Likewise, a Seller is understood to be the person who creates a Store or Business to offer their products and services.
Customer or Buyer: “Customer” or “Buyer” is understood to be any person who visits, registers and makes a purchase of a product or service in EzMarketz.
Third Parties or Affiliates: “Third Parties” or “Affiliates” are understood to be any person who visits, registers and uses the EzMarketz platform to resell, affiliate users or sellers and any person who requests information from Ezmarketz.
Users: “Users” is understood to be any person who visits, registers and performs all the aforementioned activities and will be called its type according to the activity carried out, hereinafter “Seller User”, “Buyer User”.

EzMarkets allows Sellers:

Accept payments through authorized credit and debit card transactions, some bank transfer services, PayPal (if available),
Have those funds credited to the user’s account payment account with EzMarketz
Deposit those funds in the bank account designated by the user.

Sellers may only use EzMarketz for the sale of items listed on the EzMarketz Services and agree to ship sold items once the payment transaction is completed and reflected in their payment account. EzMarketz reserves the right to terminate a Seller’s access to EzMarketz if the seller uses EzMarketz in any other way not authorized by EzMarketz.

Buyers can authorize payments with any credit or debit card accepted by EzMarketz, with EzMarketz gift cards and credits, through certain bank transfer services, or through Paypal (if available).

All users undertake to make diligent use of them and the services accessible from this Website, in full compliance with the Law, good customs and these terms and conditions, maintaining due respect for other users.

Any use other than the purpose of this Website is expressly prohibited. In the event that it is detected that the use of the Website made by the User could have fraudulent purposes or could cause damage to other Users, third parties or EzMarketz, the User may be unilaterally terminated, notifying said withdrawal.

In relation to what is established in the preceding paragraph, the User will renounce to use any of the materials and information contained in this Website for illegal purposes and expressly prohibited in these terms and conditions of use, as well as the particular conditions that, in where appropriate, they are enabled, that are contrary to the rights and interests of EzMarketz, its members and / or third parties, and you must respond to them in case of contravening or breaching said obligations and / or that, in any way (including the introduction or dissemination of “computer viruses”), damages, disables, overloads, deteriorates or prevents the normal use of the materials and information contained in the Website, the information systems or the documents, files and all kinds of content stored on any computer hacking of EzMarketz, its members or any User of the Website.

All of these policies are part of our Terms, so be sure to read the ones that are relevant to you. Of course, you will want to read the rest of this document because it applies to everyone.

Your Privacy

We know that your personal information is important to you, which is why it is important to us.

At EzMarketz we collect or receive your personal information in different ways.

We obtain the categories of personal information listed below from the following sources:

Directly from you, for example, from the forms you fill out or during registration; indirectly from you based on your activity and interaction with our Services, or the device or browser you use to access the Services;
From our Sellers and Suppliers who help provide EzMarketz services that you can interact with (such as for payments or customer service), and from our third-party advertising and marketing partners. Often you choose what information to provide, but sometimes we require certain information to provide you with the Services. EzMarketz uses the personal information it receives and collects in accordance with the purposes outlined in this policy.

EzMarketz is not responsible for the information, products or services including (image, brand, name, model, price, among others) provided by users in EzMarketz that is the cause of any type of inconvenience or legal problems to or by third parties. EzMarketz provides the service of uploading online all the information provided by users assuming the veracity of these and their legality. The User who intentionally or culpably breaches any of the foregoing obligations will be liable for all damages caused.

EzMarketz is not responsible for damages of any kind that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that the information and services contained in this Website or other content may suffer from that can be accessed through it, nor does it assume any duty or commitment to verify or monitor its contents and information.

EzMarketz does not guarantee the availability, continuity or infallibility of the operation of the Website, and consequently excludes, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and the services enabled in it, as well as errors in accessing the different web pages or those from which, where appropriate, said services are provided.

EzMarketz excludes any liability for damages of any kind that may be due to services provided by third parties through this Website as well as the means that they enable to manage service requests, and specifically, by way of example and not limiting: for acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the Website, as well as the lack of veracity, accuracy, completeness, vices, defects, relevance and / or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through this Website. Likewise, EzMarketz will not be responsible for the success of the transactions carried out by the Users.

Both EzMarketz and Sellers process members’ personal information (for example, buyer’s name, email address, and shipping address) and are therefore considered separate and independent data controllers of personal information of buyers. That means that each party is responsible for the personal information it processes when providing the Services. For example, if a Seller accidentally reveals a Buyer’s name and email address when completing another buyer’s order, the seller, not EzMarketz, will be responsible for that unauthorized disclosure.

However, if EzMarketz and the Sellers are found to be joint data controllers of buyers’ personal information, and if EzMarketz is sued, fined, or incurs expenses due to something you did as joint data controller of personal information of the Buyer, you agree to indemnify EzMarketz for costs incurred in connection with the processing of the Buyer’s personal information.

Your Account with EzMarketz

To create an account with EzMarketz, the User must adhere to the following rules:

You must be 18 years of age or older to use our Services: Minors under 18 and at least 13 years of age can only use our Services through an account owned by a parent or legal guardian with the appropriate permission and under their supervision direct. Children under the age of 13 cannot use EzMarketz or the Services. You are responsible for all account activity performed by a minor on your account.
True information: Provide accurate information about yourself. Using false information or impersonating another person or company through your account is prohibited. All users must provide all the information requested in the registration fields by EzMarketz, guaranteeing the validity of their personal and / or commercial information as exact, precise and true. The user must indicate a valid email. And an access password which the user agrees to keep and use with due diligence.
Use of appropriate name: If you decide that your full name is not the name associated with your account, you may not use offensive, vulgar language, which infringes on someone’s intellectual property rights or violates the Terms.
Responsibility for your account: You are solely responsible for any activity on your account. If you share an account with other people, the person whose financial information is on the account will be ultimately responsible for all activity. By registering as a business entity, you personally warrant that you have the authority to accept the Terms on behalf of the business. Also, your accounts are not transferable.
Protect your password: As we mentioned earlier, you are solely responsible for any activity on your account, so it is important to keep your account password secure. The use of the password is personal and non-transferable, the transfer, even temporary, to third parties is not allowed. In this sense, the User must adopt the necessary measures for the custody of the password selected by him, avoiding the use of it by third parties. Consequently, the User is solely responsible for the use of their identifier and password.
Clarity about relationship: These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between you and EzMarketz.

All information provided by the User through the services must be true. For these purposes, the User guarantees the authenticity of all the data that he communicates as a result of complying with the necessary forms for the registration and use of the Services.

Your Content

The content that you post using our Services is your content (which is why we refer to it as “Your Content”). We make no claims in this regard, including anything you post using our Services (such as store names, profile images, list photos, list descriptions, reviews, comments, videos, usernames, etc.).

EzMarketz is not responsible for the information, products or services including (image, brand, name, model, price, among others) provided by users in EzMarketz that is the cause of any type of inconvenience or legal problems to or by third party. EzMarketz provides the service of uploading online all the information provided by users assuming the veracity of these and their legality. The User who intentionally or culpably breaches any of the foregoing obligations will be liable for all damages caused.

Responsibility for its content: You understand that you are solely responsible for its content. You declare that you have all the necessary rights to its content and that you are not infringing or violating the rights of any third party by publishing it.
Permission to use your content: By posting Your content through our Services, you grant EzMarketz a license to use it. We do not claim any ownership of your content, but we do have your permission to use it to help EzMarketz run and grow. That way, we won’t infringe on any rights you have over your content and we can help promote it. For example, you acknowledge and agree that EzMarketz may offer you or EzMarketz Buyers promotions on the Site, from time to time, that may be related to your advertisements.
Rights you grant to EzMarketz: By posting Your Content, you grant EzMarketz a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your content. This enables us to provide the Services and promote EzMarketz, your EzMarketz store, or the Services in general, in any format and through any channel, including the EzMarktetz Services, our partners, or third-party websites or advertising media. You agree not to assert any moral right or right of publicity against us for using Your Content. You also acknowledge our legitimate interest in using it, consistent with the scope of this license, to the extent that Your Content contains personal information.

It sounds like a lot, but it is necessary for EzMarketz to continue working. Consider these examples: If you upload a photo or video of an ad to your EzMarketz store, we have permission to show it to shoppers and we can resize or enhance it to make it look good to a shopper using our mobile app; If you post a description in English or Spanish, we can translate it into Chinese or Mandarin so that a buyer in Taiwan can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it, often together with your store name and image, on our home page, on one of our blogs, or even on a billboard for help promote your business and EzMarketz.

Report unauthorized content: EzMarketz has a high regard for intellectual property rights and is committed to following proper legal procedures to remove infringing content from the Services. If the content that you own or have rights to has been posted on the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If your content is alleged to be infringing on someone else’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notification or terminating your account if it is determined that you are a repeat infringer. We will notify you if any of this occurs.
Inappropriate, false or misleading content: This should be common sense, but there are certain types of content that we do not want to be published on the EzMarketz Services (for legal or other reasons). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or that violates our Prohibited Items Policy, Community Policy or any part of our Terms. You also agree not to post any content that is false and misleading or that uses the Services in a fraudulent or misleading manner.

Your Use of Our Services

License to use our services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services, subject to the Terms and the following restrictions in particular:

Do not use our services to break the law: You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain the permits or licenses that your store requires; You cannot sell anything that violates the law; You may not participate in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other illegal act or crime against EzMarketz, another EzMarketz user, or a third party.
Pay your bills: You are responsible for paying all fees that you owe to EzMarketz. Except as set forth below, you are also solely responsible for collecting and / or paying applicable taxes for any purchase or sale you make through our Services. EzMarketz will help collect and remit the correct amount of value added tax or ITBMS. Some countries may refer to ITBMS using other terms, eg. Eg Goods and Services Tax (GST), but we will only refer to ITBMS and local sales taxes together as “ITBMS”. Additionally, EzMarketz will calculate, collect, and remit sales taxes where applicable. Check out these FAQs for more information.
Do not steal from us: You agree not to crawl, scrape or crawl any page of the Services or reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
Do not try to damage our systems: You agree not to interfere with or attempt to interrupt our Services, for example, by distributing a virus or other harmful computer code.
Share your ideas: We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other unsolicited material that you submit to EzMarketz (not including Your Content or the items that you sell through our Services) are considered non-confidential and not owned by you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Talk to us online: From time to time, EzMarketz will provide you with certain legal information in writing.

EzMarketz offers its users different software tools for online businesses, including payment processing, and the handling of information between its users as detailed in the website and mobile applications related to EzMarketz, all transactions between users will be understood as legally binding between them. The EzMarketz Services should be understood as facilitators of transactions between its users and at no time as an intermediary in their own capacity of any kind.

EzMarketz is not responsible for the veracity of all the information provided and published in the payment options of a store, such as: Bank account (ACH), PayPal, or any other virtual wallet or applications that can be used as a form of payment or collection by users in EzMarketz.

Users undertake and accept that all transactions carried out outside of the services offered in EzMarketz, to receive or make payments such as, for example: Bank account (ACH), PayPal, or any other virtual wallet or applications that may be used as a form of payment or collection by users in EzMarketz are not the responsibility of EzMarketz.

EzMarketz offers the facility to receive payments by debit and credit card (visa, MasterCard, Clave system). The EzMarketz process complies with the security standards and regulations of the credit card industry in addition to being affiliated with the Verified by Visa and MasterCard SecureCode programs.

The availability and use of the EzMarketz payment service is subject to availability depending on the country in which the user registers. Activation is prior approval by EzMarketz and this will be once the user has provided all the necessary information for the activation of the service, complying with the terms and conditions of use.

EzMarketz through its payment service will apply a commission on each and every one of the sales transactions approved by the user through its store on the website. The transaction rate is determined by EzMarketz, the use of said commission is non-refundable to the user and is definitely in the possession of EzMarketz, it also reserves the right to change and modify said rate after notifying users by email and / or informational announcements on the website.

EzMarketz will apply a fixed amount for each authorized transaction, whether it is approved or denied. Said amount is non-refundable to the user and remains definitively in the possession of EzMarketz, It also reserves the right to change and modify said rate after notifying users by email and / or informative announcements on the website.

EzMarketz will apply an additional commission on each and every one of the approved sales transactions originating from credit cards from international issuing banks (understand banks outside the Republic of Panama) of ONE PERCENT (1%). Said commission is not refundable to the user and remains definitively in the possession of EzMarketz.

EzMarketz will apply the ITBMS charge of SEVEN PERCENT (7%) to all commissions and cost per transaction defined by financial law.

EzMarketz offers software tools to its users for the management and administration of the logistics of your online store. The purpose of the service offered is to be able to create shipping routes, physical delivery areas, set rates, and assign shipping companies and information.

Users, both stores and buyers accept that EzMarketz has no responsibility for shipments and logistics carried out by affiliated businesses, nor is it responsible for the guarantee, damage or loss or theft that may occur in deliveries.

Users accept that the responsibility lies solely and exclusively with the related parties in the purchase process and that EzMarketz only provides the software tool for the correct use of it.

Termination

Termination on your end: We would hate to see you leave, but you can cancel your account with EzMarketz at any time from your account settings. Termination of your account will not affect the availability of some of your content that you posted through the services prior to termination. By the way, you will have to pay pending bills.
Termination by EzMarketz: We may terminate or suspend your account (and any account that EzMarketz determines to be related to your account) and your access to the Services if we have reason to believe that you, your Content or your use of the Services violate our Terms. If we do, it is important that you understand that you do not have a contractual or legal right to continue to use our Services, for example to sell or buy on our websites or mobile applications. Generally, EzMarketz will notify you that your account has been canceled or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons that prevent us from notifying you.

If you or EzMarketz cancel your account, you may lose any information associated with your account, including Your Content.

We can discontinue services. EzMarketz reserves the right to change, suspend or discontinue any of the Services at any time and for any reason, including those set forth in EzMarketz policies under these Terms of Use. We will not be liable to you for the effect that any change in the Services may have on you, including your income or your ability to generate income through the Services.

The Terms will remain in effect even after your access to the Service ends or your use of the Service ends.

Warranties and Limitation of Liability

Items or Services you purchase: You understand that EzMarketz does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; The items in our markets are produced, listed and sold directly by Independent Sellers, therefore EzMarketz cannot and does not offer any guarantee on their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item or service. Releases EzMarketz from any claims related to items or services sold through our Services, including defective items, misrepresentations by Sellers, or items that caused physical injury (such as product liability claims).
Content you access: You may encounter materials that you consider offensive or inappropriate while using our Services. We make no representations about content posted by users through the Services. EzMarketz is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users accessed through the Services. It releases us from all liability related to that content.
People you interact with: You can use the Services to interact with other people, either online or in person. However, you understand that we do not select users of our Services and you release us from all liability related to your interactions with other users. Be careful and prudent and use good judgment in all interactions with others, especially if you are meeting someone in person.
Third Party Services: Our Services may contain links to third party websites or services that are not owned or controlled by us (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third-party product or service to use some of our Services (such as a compatible mobile device to use our mobile applications). When you access these third party services, you do so at your own risk. Third parties may ask you to agree to their own terms of use. EzMarketz is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions: You acknowledge that EzMarketz does not offer any guarantees regarding the balance of your Gift Card and is not responsible for any unauthorized access, alteration, theft or destruction of a Gift Card or Gift Card code resulting from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported as lost or stolen, or if we believe that your Gift Card balance is being used improperly. suspicious, fraudulent, or otherwise unauthorized. If your Gift Card code stops working, your only solution is for us to send you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you will not be able to claim later that the rules for that special offer or promotion were ambiguous.

WARRANTIES: EZMARKETZ IS DEDICATED TO MAKING OUR SERVICES THE BEST IT CAN BE, BUT WE ARE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES BY COURSE OF PERFORMANCE, COURSE OF BUSINESS, OR USE OF COMMERCE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES EXCLUSIVELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER EZMARKETZ, NOR OUR EMPLOYEES OR DIRECTORS WILL BE LIABLE TO YOU FOR LOSS OF EARNINGS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNISHABLE DAMAGES. IN NO EVENT SHALL EZMARKTEZ’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF FIFTY ($50) DOLLARS OR THE AMOUNT PAID TO EZMARKETZ IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

We hope this never happens, but if EzMarketz is sued for something you did, you agree to defend and indemnify us. That means that you will defend EzMarketz (including any of our employees) and hold us harmless from any legal claims or demands (including reasonable attorneys’ fees) arising from your actions, your use (or misuse) of our Services, your failure to comply with the Terms, or the infringement by you or your account of the rights of another person.

We reserve the right to handle our legal defense as we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so that we can execute our strategy.

Disputes with Other Users or with EzMarketz

If you have a dispute with another user of the EzMarketz Services or a third party, we recommend that you contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile applications can write to us or contact us to help mediate. EzMarketz will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; We will not make judgments on legal issues or claims. EzMarketz has no obligation to resolve any dispute.

EzMarketz is hereby released from any claim, demand and damage arising from disputes with other users or parties.

If you are upset with us, let us know and hopefully we can resolve your issue. But if we can’t, these rules will govern any legal dispute related to our Services:

Applicable law: The Terms are governed by the laws of the Republic of Panama. These laws will apply no matter where you live in the world.
Arbitration: You and EzMarketz agree that any dispute or claim arising out of or related to the Terms will be finally resolved by final and binding arbitration, using the Spanish language, by virtue of your Panama Arbitration Rules and, as of the date of these Terms.
Modifications: If we make any changes to this “Disputes with EzMarketz” section after the date you last accepted the Terms, those changes will not apply to any claim brought in legal proceedings against EzMarketz.

The user is aware that the resolution of claims made by customers who use the EzMarketz means of payment, corresponds solely and exclusively to the processors and issuers of the payment. The user undertakes to faithfully comply with the decisions made by the aforementioned payment processors and issuers.

EzMarketz will immediately apply the retention of the total amount of the transaction that is registered as Chargeback or claim, from the available balance of the store’s account, without requiring prior notification from EzMarketz.

In the event that the chargeback is represented and the ruling is issued in favor of the user who owns the store or business, EzMarketz will return the amounts withheld.

In the event that the Chargeback or claim, representing the judgment is issued against the store or business, EzMarketz reserves the right to permanently retain the funds as a means of payment to the customer for a valid claim.

EzMarketz will apply the charge of ONE HUNDRED AMERICAN DOLLARS PLUS ITBMS (USD $ 100.00 + ITBMS) to THE TRADE for each transaction that has been registered as a Chargeback or claim, immediately and it will not be refundable to the user under any circumstances, it is also reserved the right to be able to change and modify said rate after notifying users by email and / or informational announcements on the website.

Changes to the Terms

EzMarketz may change at any time and without prior notice, the design, presentation and configuration of the website, as well as some or all of the services and add new services.

We may update these Terms from time to time. If we think the changes are important, we will definitely let you know by posting the changes through the Services and / or sending you an email or message about the changes. That way, you can decide if you want to continue using the Services. Changes will be effective upon posting of changes unless otherwise specified. You are responsible for reviewing and familiarizing yourself with any changes. Your use of the Services after the changes constitutes your acceptance of the updated Terms.

Contact Information

If you have any questions about the Terms, please email us at info@ezmarketz.com.