Terms of Service
Last Revised: 15 June 2026
Please read these legal terms carefully before using the Marketize website, mobile app, marketplace, managed distribution, print procurement, payment, tracking, and reporting services.
Agreement to Our Legal Terms
Marketize Systems Limited, trading as Marketize ('Company', 'we', 'us', or 'our'), registered in the United Kingdom at 50 Princes Street, Ipswich, England IP1 1RJ.
We operate the website https://marketize.biz (the 'Site'), the mobile application Marketize (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
Marketize is the UK's first GPS-verified leaflet distribution marketplace. We connect businesses and individuals seeking leaflet distribution services with independent distributors and distribution agencies. The platform provides tools for campaign planning, real-time GPS delivery tracking, geo-tagged photo evidence, an escrow-like payment system facilitated via Stripe, proof-of-delivery reporting, managed distribution services, print procurement services, and dispute resolution services. Marketize acts as an intermediary between clients and distributors and is not itself a leaflet distribution company, save where the managed distribution service is engaged, as further described in these Legal Terms.
You can contact us by email at info@marketize.biz or by mail to 50 Princes Street, Ipswich, England IP1 1RJ, United Kingdom.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Marketize Systems Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions and Contributions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise. You are solely responsible for your Submissions and Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Products And Services Offered
Marketize offers the following services through the platform: a marketplace connecting clients with independent leaflet distributors and distribution agencies; a managed distribution service whereby Marketize Systems Limited's in-house team plans, organises, and oversees campaigns on the client's behalf; a print procurement service enabling clients to order leaflet and direct mail print materials through integrated third-party print provider APIs; and a suite of free campaign planning, tracking, and management tools. We make every effort to display as accurately as possible the features, specifications, and details of the services available on the platform. We reserve the right to discontinue any products or services at any time for any reason. Prices for all services are subject to change.
6. Purchases And Payment
We accept the following forms of payment: Visa, Mastercard, American Express, Apple Pay, Google Pay, Link, Amazon Pay, Klarna, and Stripe. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in GBP (Great British Pound). We may change prices at any time. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Campaign funds paid by Clients are held in an escrow-like system facilitated by Stripe and are not transferred to Distributors until the conditions for release are satisfied, as further described in Section 10 of these Legal Terms.
7. Return And Refunds Policy
Please review our Refund and Returns Policy published on the Services prior to making any purchases. As the nature of the Services involves the provision of distribution campaigns and related services, refunds are subject to the terms of the escrow-like payment mechanism and dispute resolution process set out in Sections 10 and 11 of these Legal Terms.
8. Non-Delivery Allowance And Undeliverable Addresses
8.1 The Client acknowledges and accepts that not all addresses within a designated delivery area may be accessible or suitable for leaflet delivery. An industry-standard non-delivery allowance of between five percent (5%) and ten percent (10%) of total addresses within any given delivery area is to be expected as a normal and unavoidable feature of door-to-door distribution operations.
8.2 Reasons for non-delivery may include, but are not limited to: clearly displayed 'No Junk Mail', 'No Leaflets', or equivalent signage; refusal of entry by residents or property occupants; locked or gated properties without accessible letterboxes; properties presenting a genuine safety risk to the Distributor, including but not limited to dangerous animals, unsafe access routes, or confrontational residents; and addresses with no identifiable or accessible letterbox.
8.3 The Client acknowledges that certain geographic areas may experience materially higher non-delivery rates due to the local concentration of the circumstances described in Clause 8.2. This elevated non-delivery rate in such areas does not constitute a failure of service on the part of the Distributor or of Marketize Systems Limited.
8.4 All non-deliveries shall be recorded by the Distributor within the Marketize platform at the time of, or as soon as reasonably practicable following, each non-delivery occurrence. Given the operational demands of active distribution, particularly in areas with a high concentration of undeliverable addresses, Distributors are not required to record the specific reason for each individual non-delivery. The recording of an address as undeliverable within the platform, supported by the GPS tracking data placing the Distributor at or in the immediate vicinity of that address at the relevant time, shall be sufficient to constitute a valid non-delivery record. These records shall form part of the proof-of-delivery report made available to the Client upon campaign completion.
9. Intermediary Status, Managed Distribution And Limitation Of Liability
9.1 Marketize Systems Limited operates as an intermediary technology platform connecting Clients with independent Distributors and distribution agencies. In addition to this marketplace function, Marketize Systems Limited offers a managed distribution service whereby Clients may elect to have their campaign planned, booked, collated, organised, dispatched and overseen on their behalf by Marketize Systems Limited's in-house team of trained distribution specialists. Where a Client has engaged the managed distribution service, Marketize Systems Limited's staff shall use all reasonable endeavours to select suitable Distributors, brief them appropriately, monitor campaign progress, and pursue all available remedies on the Client's behalf in the event of any Distributor failure or non-compliance.
9.2 Notwithstanding the foregoing, Marketize Systems Limited shall not, in either its marketplace or managed service capacity, be held liable for any failure, partial failure, negligence, or misconduct on the part of any independent Distributor or distribution agency. The engagement of Marketize Systems Limited's managed distribution service does not transfer liability for the physical distribution of materials from the independent Distributor to Marketize Systems Limited. All reasonable efforts shall be made by Marketize Systems Limited's staff to ensure compliance and to obtain appropriate redress in the event of any Distributor failure, but the ultimate responsibility for the conduct of the physical distribution rests with the independent Distributor undertaking that work.
9.3 Marketize Systems Limited shall not be liable to the Client or to any third party for any loss of business, loss of revenue, loss of anticipated profits, loss of goodwill, or any indirect, consequential, or special loss arising from the failure of a Distributor to perform or complete a distribution campaign.
9.4 The Client acknowledges and accepts that the engagement of a Distributor through the Marketize platform involves an inherent risk with respect to their printed materials, and that Marketize Systems Limited accepts no liability for loss of, damage to, or non-return of any printed materials entrusted to a Distributor.
9.5 The Client's distribution cost funds are protected through an escrow-like payment mechanism facilitated by Stripe, as further described in Section 10 of these Legal Terms. This protection applies solely to distribution campaign funds deposited through the Marketize platform.
9.6 Marketize Systems Limited additionally facilitates a print procurement service through the platform, enabling Clients to order leaflet and direct mail print materials directly via integrated third-party print provider APIs. Where a Client places a print order through the Marketize platform, Marketize Systems Limited acts as a facilitating intermediary between the Client and the relevant print provider. Order tracking, status updates, and follow-up communications in respect of such print orders shall be managed through the Marketize platform where the relevant API integration permits. Marketize Systems Limited shall not be liable for any failure, delay, or quality deficiency on the part of any third-party print provider, including but not limited to non-delivery of printed materials, delivery of materials that do not conform to the Client's specification, or delays that impact the Client's campaign timeline. Any dispute with a print provider shall be pursued by the Client directly with that provider, with the assistance of Marketize Systems Limited where reasonably practicable.
10. Escrow-Like Payment Mechanism
10.1 Upon booking a campaign through the Marketize platform, the Client shall pay the agreed campaign fee into a secure payment holding system facilitated by Stripe on behalf of Marketize Systems Limited. This system operates in a manner analogous to an escrow arrangement, in that the funds are held and not released to the Distributor until the conditions for release have been satisfied.
10.2 The Client and the Distributor both acknowledge that the payment holding system described in these Terms is not a regulated escrow service as defined under applicable financial services legislation, but operates as a functionally equivalent commercial arrangement for the purposes of campaign payment protection.
10.3 Funds shall be released to the Distributor automatically upon the expiry of the Client's review window following campaign completion, unless the Client has raised a formal dispute within that window in accordance with Section 11 of these Legal Terms, or unless Marketize Systems Limited has applied a hold to the funds pending investigation.
10.4 Marketize Systems Limited shall not be liable for any failure or delay in payment processing attributable to Stripe or to any other third-party payment service provider. Any such failure shall be reported to Marketize Systems Limited promptly, and Marketize Systems Limited shall use reasonable endeavours to assist in resolving the matter.
11. Dispute Resolution — Platform Mediation
11.1 In the event of a dispute between a Client and a Distributor arising from a campaign conducted through the Marketize platform, the Client and the Distributor both acknowledge and agree that Marketize Systems Limited shall act as a neutral mediating party.
11.2 Marketize Systems Limited shall conduct its mediation by reviewing all available evidence, including but not limited to: GPS tracking data generated during the campaign; geo-tagged photographic evidence submitted by the Distributor; non-delivery logs; in-platform communications between the Client and the Distributor; and any other information Marketize Systems Limited deems relevant to a fair determination.
11.3 Following its review, Marketize Systems Limited shall determine, at its sole reasonable discretion, whether the held funds shall be released to the Distributor in full, released to the Client in full, or allocated between the Client and the Distributor in such proportions as Marketize Systems Limited considers fair and proportionate to the verified extent of the distribution completed.
11.4 Both the Client and the Distributor acknowledge and agree that the decision of Marketize Systems Limited in respect of any mediated dispute shall be final and binding, subject only to any rights available to the parties under applicable law.
11.5 Marketize Systems Limited reserves the right to charge an administrative fee for the mediation of disputes in circumstances where a dispute is found to have been raised without reasonable grounds. Details of any such fee shall be published on the Marketize platform.
12. Distributor Payment, Shortfall And Fulfilment Failure
12.1 Subject to the satisfactory completion of a distribution campaign as evidenced by the platform's tracking data, the Distributor shall be entitled to receive the full amount agreed between the Client and the Distributor at the time of campaign booking.
12.2 Where the tracking data or other available evidence indicates a significant shortfall in the volume of leaflets delivered relative to the agreed campaign scope, Marketize Systems Limited shall initiate an investigation in accordance with the dispute resolution procedure set out in Section 11 above.
12.3 During the course of any such investigation, the Distributor shall be afforded a reasonable opportunity to return any undelivered leaflets to the Client. The Client shall make reasonable arrangements to facilitate such return upon request.
12.4 Where undelivered leaflets are returned by the Distributor to the Client, the Distributor shall be entitled to receive payment equivalent to the proportion of the campaign verifiably completed, less a fulfilment failure fee. The fulfilment failure fee shall be deducted from the Distributor's payment and credited to the Client as partial compensation for the incomplete service. The applicable fulfilment failure fee shall be published on the Marketize platform and may be updated from time to time.
12.5 The fulfilment failure fee shall not apply where the shortfall in delivery is attributable to circumstances of force majeure, as defined in Section 21 of these Legal Terms.
12.6 Where undelivered leaflets are not returned by the Distributor and a significant shortfall is confirmed, Marketize Systems Limited reserves the right to withhold a proportionate amount from the Distributor's payment pending investigation and to apply the fulfilment failure fee as described in Clause 12.4 above.
13. No Junk Mail Properties And Associated Costs
13.1 The Client acknowledges and agrees that the costs attributable to addresses displaying 'No Junk Mail', 'No Leaflets', or equivalent signage shall not be refunded by Marketize Systems Limited or deducted from the Distributor's payment.
13.2 The walking of a route to, past, or in the proximity of such properties, together with the identification and proper recording of each such property within the Marketize platform, constitutes a legitimate and billable component of the distribution service. The time and effort expended by the Distributor in identifying, recording, and navigating around undeliverable addresses forms part of the contracted service.
13.3 Provided that all non-delivery records have been properly completed within the platform in accordance with Clause 8.4, the Client shall have no claim against the Distributor or Marketize Systems Limited in respect of leaflets not delivered to such addresses.
14. Response Rate Disclaimer
14.1 The Client acknowledges and accepts that the Distributor cannot be held responsible for the response rate generated by any leaflet distribution campaign, provided that the distribution has been carried out and is supported by the platform's tracking data to the standard required under these Legal Terms.
14.2 The Client acknowledges that leaflet campaign response rates are influenced by a wide range of factors beyond the control of the Distributor and of Marketize Systems Limited, including but not limited to: the design and visual quality of the leaflet; the print quality and format of the leaflet; the relevance of the product or service being advertised to the demographics of the target area; the timing and frequency of the distribution; prevailing market conditions; and the effectiveness of the call to action contained within the leaflet.
14.3 Marketize Systems Limited provides demographic targeting tools to assist Clients in optimising their campaign areas. The use of such tools does not constitute a guarantee of any particular response rate or commercial outcome.
15. Technology, System Availability And IT Outages
15.1 Marketize Systems Limited shall use all reasonable endeavours to ensure the continuous availability and reliable performance of the Marketize platform and its associated tracking application. However, the Client and the Distributor both acknowledge and accept that occurrences of IT outages, system errors, application glitches, server interruptions, or other technical failures may arise from time to time, including in circumstances beyond the reasonable control of Marketize Systems Limited.
15.2 Such occurrences may include but are not limited to: partial or complete loss of GPS tracking data for sections of a distribution route; temporary or extended server outages; application crashes or failures during an active distribution; and data synchronisation failures.
15.3 Marketize Systems Limited shall not be liable to the Client, the Distributor, or any third party for any loss or damage arising from such technical failures, provided that Marketize Systems Limited has implemented reasonable and appropriate measures to prevent and mitigate such occurrences.
15.4 In the event of a technical failure that affects the integrity or completeness of the tracking data for a campaign, Marketize Systems Limited shall use all reasonable endeavours to assess the impact of such failure and to determine an equitable resolution for both parties, taking into account all available evidence.
16. GPS Signal Loss And Offline Tracking
16.1 The Marketize tracking application is designed and configured to continue acquiring and recording delivery data along a distribution route in the absence of an active internet connection, utilising the device's onboard GPS hardware. This functionality enables tracking continuity in areas of poor mobile data coverage.
16.2 The Client and the Distributor both acknowledge and accept that in areas where both mobile data connectivity and basic mobile signal are entirely absent, the application's ability to acquire and record GPS positioning data may be disrupted, which may result in gaps or losses in the tracking record for affected sections of a route.
16.3 The Marketize platform incorporates detection mechanisms designed to distinguish between tracking data loss attributable to genuine absence of mobile signal and tracking data loss attributable to the wilful disabling of location services or connectivity by the Distributor. Where the available evidence indicates that tracking data loss was caused by the wilful act of the Distributor, this shall be treated as a material breach of the Distributor's obligations and shall be taken into account in any dispute resolution process.
16.4 Where tracking data loss is attributable to genuine signal absence and no wilful interference is indicated, the completeness of the distribution for the affected section of the route shall be assessed by reference to: the Distributor's verified performance during the periods of the same distribution in which tracking data is available; the Distributor's performance on any subsequent sections of the same distribution where signal was reacquired; and where relevant and available, the Distributor's historical performance on previous campaigns conducted through the platform. Marketize Systems Limited shall apply these criteria reasonably and in good faith in determining the applicable completion factor.
17. Off-Platform Solicitation And Account Conduct
17.1 The Marketize platform facilitates introductions between Clients and Distributors. The commercial relationship and transactional framework provided by Marketize Systems Limited through the platform represents a material part of the value provided to both parties.
17.2 The Client and the Distributor both acknowledge and agree that they shall not, at any time during their registration with the Marketize platform or within a period of twenty-four (24) months following the completion of any campaign facilitated through the platform, solicit, encourage, or enter into any agreement with the other party for the provision of leaflet distribution services outside of the Marketize platform, where such introduction was made through or as a result of the Marketize platform.
17.3 Marketize Systems Limited reserves the right to monitor in-platform communications for the purpose of identifying conduct that may constitute a breach of this clause, including but not limited to: the exchange of personal contact details for the purpose of conducting business outside the platform; explicit or implicit proposals to conduct distribution work outside of the platform following a Marketize-facilitated introduction; and any other conduct indicative of an attempt to circumvent the platform's commercial framework.
17.4 In the event that a breach of this clause is identified or reasonably suspected, Marketize Systems Limited shall issue a formal written warning to the relevant account holder or holders. Where the conduct continues following such warning, or where the breach is of a sufficiently serious nature, Marketize Systems Limited reserves the right to suspend the relevant account or accounts for such period as it considers appropriate, or to terminate such accounts permanently.
17.5 Marketize Systems Limited reserves the right to pursue any available legal remedies in respect of material breaches of this clause, including claims for damages representing the commission or platform fees lost as a result of off-platform transactions.
18. Distributor Verification And Platform Conduct Standards
18.1 All Distributors operating through the Marketize platform are required to maintain accurate and up-to-date profile information, including coverage areas, availability, and pricing. Marketize Systems Limited reserves the right to suspend or remove any Distributor profile found to contain materially inaccurate or misleading information.
18.2 Distributors are required to operate the Marketize tracking application in the manner prescribed by Marketize Systems Limited and to maintain location services in an active and unobstructed state throughout the duration of any active distribution campaign. Any wilful interference with the tracking application, including but not limited to the disabling of location services, use of location spoofing software, or deliberate manipulation of GPS data, shall constitute a material breach of these Legal Terms and shall result in immediate account suspension pending investigation and potential permanent termination.
18.3 Distributors shall not post multiple leaflets through a single letterbox for the purpose of reducing their remaining undelivered volume. Such conduct is detectable through the platform's data and shall be treated as a breach of these Legal Terms.
18.4 Distributors shall not discard undelivered leaflets. Any leaflets not delivered in the course of a campaign shall be returned to the Client or disposed of in accordance with the Client's written instructions. Failure to comply with this clause shall be taken into account in any dispute resolution process and may result in account suspension or termination.
19. Client Obligations
19.1 The Client is solely responsible for ensuring that all leaflet materials submitted for distribution comply with applicable laws and regulations, including but not limited to consumer protection legislation, advertising standards, data protection legislation, and any applicable planning or electoral regulations. Marketize Systems Limited accepts no liability for the content of any materials distributed through the platform.
19.2 The Client shall ensure that print-ready materials are delivered to the agreed collection point or Distributor in good time prior to the campaign start date, in the agreed quantity and format. Any delay or shortfall in the provision of materials by the Client shall not entitle the Client to any refund of platform fees or campaign costs attributable to the resulting impact on the campaign.
19.3 The Client shall conduct all communications with Distributors through the Marketize platform's messaging system. Communications conducted outside the platform shall not be taken into account by Marketize Systems Limited in the course of any dispute resolution process.
19.4 The Client shall review the proof-of-delivery report provided upon campaign completion within the review window specified on the platform. Failure to raise a dispute within the review window shall be deemed acceptance of the campaign completion report, and funds shall be released to the Distributor accordingly.
20. Platform Fees And Commission
20.1 Marketize Systems Limited charges a platform fee or commission on campaigns booked through the platform. The applicable fee structure is published on the Marketize platform and may be updated from time to time upon reasonable notice to registered users.
20.2 Platform fees are non-refundable save in exceptional circumstances at the sole discretion of Marketize Systems Limited.
20.3 Marketize Systems Limited reserves the right to introduce, amend, or remove fees for specific platform features upon reasonable notice. Continued use of the platform following notification of any fee change shall constitute acceptance of the revised fee structure.
21. Force Majeure
21.1 Neither Marketize Systems Limited nor any Distributor shall be in breach of these Legal Terms or liable for any delay in performing, or failure to perform, any of their respective obligations under these Legal Terms if such delay or failure results from events, circumstances or causes beyond their reasonable control, including but not limited to: acts of God; flood, drought, earthquake, or other natural disasters; epidemic or pandemic; terrorist attack or threat of terrorist attack; war, riot, or civil commotion; strikes, industrial action or lockouts; collapse of buildings or infrastructure; fire, explosion or accidental damage; interruption or failure of utility services; or any action taken by a government or public authority.
21.2 In such circumstances, the affected party shall notify the other party and Marketize Systems Limited as soon as reasonably practicable. Marketize Systems Limited shall determine an equitable resolution with respect to any held funds on the basis of the verified extent of distribution completed prior to the force majeure event.
22. Software And Mobile Application Licence
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms. You shall not: (1) decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour or commercial enterprise for which it is not designed; or (6) use the App to create a product, service, or software that is competitive with or in any way a substitute for the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor'): (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor; (4) you represent and warrant that you are not located in a country subject to a US government embargo; and (5) you acknowledge that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence.
23. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit viruses, Trojan horses, or other malicious material that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar tools.
- Attempt to impersonate another user or person or use the username of another user.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, except as permitted by applicable law.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as permitted by applicable law.
- Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavour or commercial enterprise not expressly endorsed by us.
- Sell or otherwise transfer your profile.
- Solicit Clients or Distributors to conduct business outside the Marketize platform in breach of Section 17 of these Legal Terms.
- Wilfully interfere with, disable, spoof, or manipulate the GPS tracking functionality of the Marketize application in breach of Section 18 of these Legal Terms.
24. User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). When you create or make available any Contributions, you represent and warrant that your Contributions are not false, inaccurate, or misleading; are not unsolicited or unauthorised advertising or promotional materials; do not violate any applicable law, regulation, or rule; and do not violate the privacy or publicity rights of any third party. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
25. Contribution Licence
By posting your Contributions to any part of the Services, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
26. Guidelines For Reviews
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person or entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you may not post any false or misleading statements; and (7) you may not organise a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion.
28. Third-Party Websites And Content
The Services may contain links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk.
29. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
30. Privacy Policy And Data Protection
We care about data privacy and security. Please review our Privacy Policy at https://marketize.biz/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in France. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in France, then through your continued use of the Services, you are transferring your data to France and you expressly consent to have your data transferred to and processed in France.
Marketize Systems Limited shall process all personal data in accordance with its Privacy Policy and in compliance with the UK General Data Protection Regulation and the Data Protection Act 2018. GPS tracking data, photographic evidence, and communications generated through the platform shall be retained by Marketize Systems Limited for such period as is necessary to fulfil the purposes for which it was collected, including the resolution of any disputes, and in compliance with applicable legal obligations.
31. Term And Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
32. Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
33. Governing Law
These Legal Terms are governed by and interpreted following the laws of the United Kingdom. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Marketize Systems Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
34. Dispute Resolution — Legal Proceedings
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute') brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions
The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.
35. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
36. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
37. Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
38. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
39. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
40. Electronic Communications, Transactions, And Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
41. Intellectual Property
41.1 All intellectual property rights in the Marketize platform, including its software, design, tools, branding, and content, are and shall remain the exclusive property of Marketize Systems Limited.
41.2 The Client grants Marketize Systems Limited a non-exclusive, royalty-free licence to use, store, and process campaign data, tracking data, and other information generated through the platform for the purposes of operating and improving the platform, resolving disputes, and complying with applicable legal obligations.
41.3 The Client and the Distributor shall not reproduce, copy, distribute, or otherwise exploit any part of the Marketize platform or its content without the prior written consent of Marketize Systems Limited.
42. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
43. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Marketize Systems Limited
50 Princes Street, Ipswich, England IP1 1RJ, United Kingdom
Email: info@marketize.biz
Website: https://marketize.biz