Marketplace here after termed MP, policies are rules and guidelines that create a safe and fair trading environment for all MP members. To promote a safe trading environment, we enforce these rules and policies.

Violations of this policy may result in a range of actions, including: 1. Listing cancellation 2. Limits on account privileges 3. Account suspension 4. Forfeit of MP fees on canceled listings 5. Loss of PowerSeller status 6. Referral to Law Enforcement

Your User Agreement

Introduction

By using the services on the Marketplace websites, you are agreeing to the following terms. If you have any questions, please refer to our Help section. Before you may become a member of  Marketplace, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.This Agreement is effective on Jan 1, 2006, for current users, and upon acceptance for new users.

Rules about Feedback

Feedback is a valuable indicator of a buyer’s or seller's reputation on  Marketplace. Your Feedback Profile includes a Feedback Score, as well as comments from your transaction partners.As a member, you should use caution and good judgment when leaving Feedback for another member. What you write will be a permanent part of that member’s record on Marketplace.Feedback-related policies are designed to encourage open and honest trading. However, to ensure that Feedback is used for the proper purpose and not abused, Here are  some basic rules that must be followed. Members cannot undermine the Feedback system using practices such as: 1. Feedback Extortion - Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing; 2. Feedback Manipulation - Feedback left or received where the Feedback’s primary value is to artificially enhance a member’s reputation; 3. Feedback in Seller Terms and Conditions - Sellers are not permitted to include in their listings or terms of sale any conditions that limit or restrict the buyer from leaving Feedback.

Rules for Everyone –  There are rules that all members, both buyers and sellers, need to know and follow. These rules are created to protect you and to keep Marketplace a safe place to buy, sell, and participate in the Community.

Rules about general member conduct

Marketplace members cannot:

• Interfere with the site: Interference or attempted interference with the site and/or operations using any software program, routine or activity is a serious offense and is not permitted. Members using the  Mp site may only modify or add content in those areas specifically designated for member use. All content must also abide by all other MP policies. Designated member areas are: 1. the description area of the View Item page. 2. the reply box on the eBay discussion, chat and help boards. 3. the members' About Me page. 4. the feedback comments area of the Feedback Forum. 5. the bid box. 6. the MP email forwarding system text box (e.g. Ask Seller a Question, Contact MP Member). 7. In no case may a user block, obscure, overwrite or modify any  MP-generated content or pages. All other site locations or components of eBay pages are strictly for eBay use.

• Use profanity on the site:-MP does not allow the use of profanity or patently vulgar language in a public area of the site. This includes the use of language that is racist, hateful, sexual or obscene in nature.MP will permit media titles and descriptions (such as a CD name and track list) that contain profanity on the main site and in Adult Only. This profanity is only permitted if the original production company title or description contains the profane terms. All other profanity is prohibited. This exception applies to media items and does not apply to any other items.

• Infringe on MP’s intellectual property.

• Continue to use of MP if a member’s account is suspended.

• Make offers to buy or sell outside of MP.

• Post want ads, except in the Want It Now section of MP.

In addition to rules that apply to all members, MP also has rules specifically about buying and selling.

Buying Rules:-

MP's policies help to create a safe, fair, and enjoyable trading environment for our community. As a buyer, you're responsible for reviewing and understanding eBay’s policies, including the eBay User Agreement.

Buyer Guidelines

• As a buyer, you must:

  • Commit to paying for the item you win in a bid or through Buy It Now. Most of the items on MP are auction-like listings and each bid is a binding contract to buy if you win. To understand the penalties for not paying, see the Unpaid Item Policy below:- Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction or use the Buy It Now feature. MP's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase. Sellers can file an Unpaid Item dispute with  MP for each of their items that are purchased but not paid for. MP will issue a strike on the account of the buyer who does not honor their obligation to pay (unless the buyer and seller mutually agree not to complete the transaction). Note: If a buyer gets too many strikes in too short a time period, their account will be suspended indefinitely. In some cases, limits may be placed on the buyer’s account in advance of suspension.

  • Bid with serious intention to buy the item, including when placing a non-binding bid (for qualifying items such as real estate and vehicles). Non-binding bids still signify your serious intent in buying the item, and insincere bidding isn't permitted.

  • Only use the bid retraction option for qualifying circumstances (for example, you entered too many zeroes in your bid amount). Never use this option to manipulate the bidding process.

  • Bid on or buy an item only when you meet the seller’s buyer terms as described in the item listing. (For example, the seller might specify that the buyer must live in a certain country or use a specified payment method.) Only bid or buy with the intention of buying the item, never to disrupt a listing. Violation of these policies is considered unwelcome and malicious buying.

  • Use Buy It Now rather than bidding if you're connected to the seller in any way, because people like the seller's family members, coworkers, friends, and roommates can have knowledge of the item not available to other bidders. Sellers can't bid on their own item. Engaging in shill bidding to artificially increase an item’s price or apparent desirability violates MP policies and is against the law in many places.

• Both buyers and sellers may not interfere with a transaction or offer to buy or sell listed items outside of the MP site.

• Posts made in Want It Now must also comply with Mp policies.

• Rules about identity:- Member identity is a building block of the MP Community. MP treats member identity with great respect. Mp expects Community members to treat member identity with the same level of respect. Members: Must be at least 18 years old, Cannot misrepresent their identities,Must always provide valid and complete contact information and must always have a valid email address. Members cannot publish the contact information of other members in an online public area. Members must choose their User ID according to MP rules.

Rules about communicating with other MP members: members:

• Cannot misuse the MP email forwarding system, send unsolicited email (spam) or email threats to other members.

• Must follow MP's rules for Discussion Boards, and Community Content (includes reviews, guides, and blog entries).

Seller Rules:

Every seller must know and follow:

• Rules about Prohibited and Restricted Items – Before you list your item, you need to find out if your item is allowed to be sold by Government Law and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an MP seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law. Rules about Intellectual Property – Items and listings that have the potential of violating certain copyrights, trademarks, or other rights. Intellectual property owners can report listings as part of MP's  Verified Rights Owner (VeRO) Program.

• Rules for Listings –  Listings must not misrepresent items. Except as noted in the specific policy as exceptions, sellers cannot: 1. List items in inappropriate categories. 2. Misrepresent the item location from which their item will be shipped. 3. Include brand names or other inappropriate keywords in a title or description. This is known as keyword spamming. 4. Have misleading titles that do not accurately describe the item for sale. Listings cannot use techniques to avoid or circumvent MP fees. Except as noted in the specific policy as exceptions, sellers cannot: 1. Allow buyers a choice of significantly different items 2. List a single item but offer additional identical items for sale in the item description. 3. Include separate payment surcharges that buyers pay to use ordinary forms of payment. 4. Misuse the Reserve Price option. 5. Charge excessive shipping. 

  Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers.  Except as noted in the specific policy as exceptions, sellers cannot: 1. Solicit buyers to mail cash or use other payment methods not specifically permitted by  MP as accepted payment methods. 2. Communicate to buyers that they accept, or will not accept, specific forms of PayPal payment. 3. Include links that do not conform to MP's Links Policy. Specific types of links that are limited include links to further descriptions, email address, photos, your About Me page, listing terms and conditions and MP Stores. 4. Use certain types of HTML and JavaScript in item listings, Stores pages, About Me pages, or Want-It-Now ads. 5. Promote giveaways, random drawings, raffles, prizes or bonuses. 6. Create a listing that does not offer an item or service. 7. Advertise a desire to buy or trade items, except as allowed in non-binding bid categories and in Want It Now. 8. Include third-party endorsements of MP members. 9. Include third party credits beyond what is acceptable. 10. Create test listings except in the Everything Else; Test Auctions category. 11. Use profanity in a listing, except as allowed in the Adult Only category and in media titles.

  Listings that involve the following situations or types of item, must conform to limitations specified in the policy:

  • Compilation and Informational Items: -  Listings that include compilations or informational content on any media must: 1. Not contain any cross category information 2. Only be listed in the Everything Else > Information Products category. 3. Not be combined as a bonus item with any other listing. 4. Not contain any specific brand names or keywords unless the listing is offering the item in question. 5. Not contain excessive use of keywords to describe the contents of the compilation or informational media. 6. In addition, listings for any items that are digitally delivered must be listed in the Classified Ad format within the Everything Else>Information Products category.

In addition to the above rules, here are some additional policy violations not permitted on MP:

• Seller Non-performance – Sellers must honor the transaction contract. Sellers cannot fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. 

• Shill Bidding – Sellers must not bid on their own item, or have family members, roommates or employees bid on their item.

• Unpaid Item/Final Value Fee Credit Abuse – Sellers may not file for a Final Value Fee credit on a transaction where the buyer paid for the item.

• Tax Policy – Sellers must pay relevant fees and taxes.

Both buyers and sellers cannot interfere with a transaction or offer to buy or sell listed items outside of the MP site. 

• MP's Privacy Policy:-

• Scope:- This Privacy Policy describes how we handle your personal information for our services on the  MP's. It applies generally to the Marketplace.co.ke website and content and other related websites where this policy appears in the footer of the page. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on January 1st, 2006.

  Collection:- You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States. We may collect and store the following personal information: 1. email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers; 2. transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account); 3. shipping, billing and other information you provide to purchase or ship an item; 4.community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us; 5. other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; 6. additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);7. information from other companies, such as demographic and navigation data; and 8. other supplemental information from third parties (for example, if you incur a debt to eBay, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).

  Marketing :- We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in My eBay or by following the directions provided with the communication or advertisement.

  Use:- Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to: 1. provide the services and customer support you request; 2. resolve disputes, collect fees, and troubleshoot problems; 3. prevent potentially prohibited or illegal activities, and enforce our User Agreement; 4. customize, measure and improve our services, content and advertising; 5. tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and 6. compare information for accuracy, and verify it with third parties.

  Our Disclosure of Your Information:- We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. We may also share your personal information with: 1. Members of the Konstaz.com . corporate family—like PayPal, Skype or Shopping.com—to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. 2. Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards). 3. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). 4. Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history. 5.  MP VeRO Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name. 6. Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) 7. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

  Information You Share on eBay:- Your User ID is displayed throughout  MP (and so available to the public), and is connected to all of your MP  activity. Other people can see your bids, purchases, items for sale, storefronts, feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your eBay activities.  If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from MP, may also be visible to other individuals who use the computer after you.

  Using Information from eBay :- MP  enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: 1. MP transaction-related purposes that are not unsolicited commercial messages; 2. using services offered through eBay (e.g. escrow, insurance, shipping and fraud complaints), or 3. other purposes that a user expressly chooses.

  Cookies:- We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.A few important things you should know about cookies are that: 1. We offer certain features that are available only through the use of cookies. 2. We use cookies to help identify you and maintain your signed-in status. 3. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. 4. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services. 5. You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

• No Spam, Spyware or Spoofing :- We and our users do not tolerate spam. Make sure to set your MP  notification preferences so we communicate to you as you prefer. You are not licensed to add other MP  users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

• Account Protection:- Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify MP and change your password.

• Accessing, Reviewing and Changing Your Personal Information:- You can see, review and change most of your personal information by signing on to MP. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law.

• Security:- Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

• Third Parties:- Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. MP does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

• General:- We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. In addition, we will notify you through the  Message Center. If your questions are not answered online, you may write to us at: Konstaz.com, Proosdijerveldweg 151, 6714AC Ede The Netherlands or using the Contact Us form.

Violations of policy may result in a range of actions including: 1. Listing cancellation 2. Limits on account privileges 3. Account suspension 4. Forfeit of eBay fees on cancelled listings 5. Loss of PowerSeller status 6. Note: You may contact  MP to report violations by using the “Report” or “Contact Us” links found on most policy pages.