When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other MingMart users as part of the browsing experience on MingMart. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including MingMart users). You may use that content solely in your MingMart listings during the time your listings are on MingMart's sites. That permission is subject to modification or revocation at any time at MingMart's sole discretion.
We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that MingMart is not responsible for examining or warranting the listings or content provided by third parties through the Services and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remain accurate and that you continue to fully comply with these terms of service and all MingMart policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name "MingMart" and other MingMart marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MingMart in the UK and other countries. They may not be used unless expressly authorized by MingMart in writing.
Data protection and Privacy
- You and MingMart shall process personal data received under and/or in connection with these terms of service each as a separate and independent controller. In no event will MingMart and you process personal data under and/or in connection with these terms of service as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplement EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization.
- You shall process personal data received from MingMart exclusively for the purpose(s) you received the personal data under and/or in connection with these terms of service. You shall erase the personal data received under these terms of service immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
- Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
- As part of the Services, MingMart has access to various information about users, including personal data. This includes information that users submit to MingMart as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
- Via MingMart Website and, upon request, you receive information that is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as a number of impressions of a listing, conversion rate or return rate).
- MingMart only shares information about users with third parties if this is necessary for the provision of the Services or if MingMart is legally or contractually entitled to do so.
- Upon expiry of these terms of service, we will delete the information you provided, or which was generated through your use of the Services from your MingMart account. Regardless, we maintain this information after the expiry of the terms of service if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the terms of service.
- For information regarding the processing of personal data by MingMart, including sharing such data with third parties and your rights as a data subject.
Terms of Returns for the Seller
Return and refund rules can be created by sellers under certain conditions. MingMart may also set default rules that automate the return process for some or all listings that accept returns. In MingMart seller dashboard, sellers may remove or customize their returns preferences. You agree to abide by MingMart's returns policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the MingMart Money Back Guarantee refund or reimbursement.
We make every effort to keep MingMart and its Services safe, secure, and operational, but we cannot promise that our Services will be operational or accessible continuously. MingMart's Services may not provide updates and/or other notifications in real time. Such functionality is subject to delays that are beyond the control of MingMart.
We (including our parent, subsidiaries, affiliates, directors, agents, and employees) shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, including loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption, or for any losses not reasonably foreseeable by us arising, directly or indirectly, from:
- Your use of our Services or inability thereof;
- MingMart's pricing, postage, or other guidance;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- Any form of glitches, bugs, errors, or inaccuracies in our Services
- Damage to your hardware device resulting from the use of any MingMart Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a restriction or other action taken on your account as a result of a violation of the Abusing MingMart section;
- the length or format of your listings in search results, as specified in the product listing section; or
- As a result of changes to these terms of service or our rules, you may need to adapt your practices, content, or behaviour, or you may lose or be unable to conduct business.
Because disclaimers of warranties and exclusions of damages are prohibited in some areas, such disclaimers and exclusions may not apply to you. This is particularly true if you are a customer.
You acknowledge that you are solely responsible for the legality of your acts under applicable laws, as well as the legality of any things you list on any of our sites.
Although we employ procedures to ensure that the information given by our users is accurate and true, user verification on the internet is tough. MingMart cannot and does not validate the correctness or honesty of users' stated identities, or the validity of the information they supply to us or publish on our sites, and is not responsible for doing so.
If we are found liable, our liability to you or any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £130.
Nothing in these terms of service limits or excludes our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or the fault of our agents or employees, or any other liability that cannot be restricted or eliminated by law.
You shall fully reimburse us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) for any damages or costs we incur as a result of your breach of these terms of service, your inappropriate use of MingMart's Services, or your violation of any law or third-party rights.
If a disagreement occurs between you and MingMart, we highly advise you to contact Customer Support first to try to resolve the issue. Every user can contact MingMart Customer Service for free to report complaints or other concerns. As an alternative to litigation, we will consider reasonable requests to resolve the disagreement through alternative dispute resolution methods such as mediation or arbitration. Any claim, controversy, or other issue arising out of or in connection with these terms of service will be governed by and interpreted in accordance with the laws of England and Wales in all respects. You and MingMart both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you could bring a claim in court against us arising from or in connection with these terms of service, an acceptable court would be one in England, but you could also choose to bring a claim in a court in another country instead. In those circumstances, English law will apply.
If any provision of these terms of service is found to be illegal, void, or unenforceable for any reason, that provision will be struck out, and the legality and enforceability of the other sections will not be affected.
You accept that we may, without notice, set-off any monies stored in your MingMart user accounts held or managed by you with any fees, charges, or other amounts you owe us, as well as any such amounts you owe other members of the MingMart group, at any time (including, without limitation, in respect of any services provided by any member of the MingMart group). Our right to set-off implies that we can deduct the fees, charges, and other sums indicated in this paragraph from a MingMart credit balance you own or control.
We may assign our rights and duties under these terms of service in line with the provisions below (but without your prior explicit approval), provided that we assign the terms of service on the same or similar terms to you.
Headings are for reference only and have no bearing on the scope or breadth of a section. Our failure to respond to a breach by you or others does not renounce our right to respond to similar or subsequent breaches. We cannot promise that we will take action in response to every violation of our terms of service.
In case of any disputes with one or more users, you release us (and our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and type, known and unknown, arising out of or in any way associated with such disputes.
We reserve the right to change these terms of service at any time by sending an email or updating the Messages section of MingMart, or by posting the amended terms on the website.
All modified conditions will become effective 30 days after they are first published. Your acceptance of these updated terms shall be presumed on your continuing usage of our Services following the effective date of the amended terms.
These terms of service may only be changed otherwise by mutual agreement between you and a MingMart representative who is authorized to do so.
The policies on our websites are subject to change at any moment and shall become effective when we upload changes on the MingMart website.
This agreement does not intend or create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. Under the Contracts (Rights of Third Parties) Act 1999, a person who is not a party to these terms of service has no right to enforce any term of these terms of service, but this does not affect any right or remedy of a third party specified in these terms of service or that exists or is available apart from that Act.
The Verified Rights Owner (VeRO) programme at MingMart ensures that listed products do not violate third-party copyright, trademark, or other intellectual property rights. If you suspect your intellectual property rights have been violated, please contact our VeRO team via the Verified Rights Owner (VeRO) Program, and we will look into it.
Other earlier understandings and agreements between you and MingMart are superseded by the terms of service and all rules stated on our site.
Legal notices shall be served by registered mail to Ming Mart (UK) Limited, Kemp House, 160 City Road, London, EC1V 2NX, UK. We shall send notices to you by email to the email address you provide to MingMart during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Last Updated: 21-12-2021