**Payments**
5.1 You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
**Store credit**
6.1 Store credits may be earned and managed in accordance with the Qmart Store Credit Terms and Conditions, as may be amended from time to time. Qmart reserves the right to cancel or withdraw Qmart store credit rewards for any reason in its discretion, including if we suspect fraud or foul play. You can view the Qmart Store Credit terms and conditions and information about your Qmart store credit account on our website and mobile application.
**Promotions**
7.1 Promotions and competitions run by Qmart and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions, where applicable. You can view Promotions Terms and Conditions where they apply on our website or mobile application.
**Rules about your content**
8.1 In these general terms and conditions, “your content” means:
8.1.1 all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
8.1.2 all communications on the marketplace, including product reviews, feedback and comments.
8.2 Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
8.4 Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
8.4.1 any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
8.4.2 any right of confidence, right of privacy or right under data protection legislation;
8.4.3 any contractual obligation owed to any person; or
8.4.4 any court order.
8.3 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
8.3.1 be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
8.3.2 depict violence in an explicit, graphic or gratuitous manner; or
8.3.3 be blasphemous, in breach of racial or religious hatred or discrimination legislation;
8.3.4 be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
8.3.5 cause annoyance, inconvenience or needless anxiety to any person; or
8.3.6 constitute spam.
8.5 You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.
8.6 You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
8.7 The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
8.8 You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.
8.9 You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
8.10 We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
8.11 If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 26.
**Our rights to use your content**
9.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on our marketplace, and across our marketing channels and any existing or future media.
9.2 You grant to us the right to sub-license the rights licensed under section 9.1.
9.3 You grant to us the right to bring an action for infringement of the rights licensed under section 9.1.
9.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.5 Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
**Use of website and mobile applications**
10.1 In this section 10 words “marketplace” and “website” shall be used interchangeably to refer to Qmart’s websites and mobile applications.
10.2 You may:
10.2.1 view pages from our website in a web browser;
10.2.2 download pages from our website for caching in a web browser;
10.2.3 print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
10.2.4 stream audio and video files from our website using the media player on our website; and
10.2.5 use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
10.3 In this section 10 words “marketplace” and “website” shall be used interchangeably to refer to Qmart’s websites and mobile applications.
10.4 You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
10.5 Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
10.6 Unless you own or control the relevant rights in the material, you must not:
10.6.1 republish material from our website (including republication on another website);
10.6.2 sell, rent or sub-license material from our website;
10.6.3 show any material from our website in public;
10.6.4 exploit material from our website for a commercial purpose; or
10.6.5 redistribute material from our website.
10.7 Notwithstanding section 10.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
10.8 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
10.9 You must not:
10.9.1 use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
10.9.2 use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
10.9.3 hack or otherwise tamper with our website;
10.9.4 probe, scan or test the vulnerability of our website without our permission;
10.9.5 circumvent any authentication or security systems or processes on or relating to our website;
10.9.6 use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
10.9.7 impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
10.9.8 decrypt or decipher any communications sent by or to our website without our permission;
10.9.9 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
10.9.10 access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
10.9.11 use our website except by means of our public interfaces;
10.9.12 violate the directives set out in the robots.txt file for our website;
10.9.13 use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
10.9.14 do anything that interferes with the normal use of our website.
**Copyright and trademarks**
11.1 Subject to the express provisions of these general terms and conditions:
11.1.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
11.1.2 all the copyright and other intellectual property rights in our website and the material on our website are reserved.
11.2 Qmart’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
11.3 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
**Data privacy**
12.1 Buyers agree to processing of their personal data in accordance with the terms of Qmart’s Privacy Notice and Cookie Notice.
12.2 Qmart shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy Notice and Cookie Notice and Privacy Policy.
12.3 Sellers shall be directly responsible to buyers for any misuse of their personal data and Qmart shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
**Due diligence and audit rights**
13.1 We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
13.2 You agree to provide to us all such information, documentation and access to your business premises as we may require:
13.2.1 in order to verify your adherence to, and performance of, your obligations under these terms and conditions;
13.2.2 for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
13.2.3 as otherwise required by law or applicable regulation.
