Terms & Conditions

Scope


MaltaMarkt provides an online presence for users to or post rental or sales listings and to view, rent or buy items shown in the listings  , subject to the following Terms of Service. By using the service provided by MaltaMarkt in any way, you are agreeing to comply with the Terms of Service and other MaltaMarkt Policies which may change from time to time and which will be featured on the website. Should you object to any part of the Terms including any subsequent modifications thereto, or become dissatisfied with the service in any way, your only action is to immediately discontinue use of MaltaMarkt.


These terms and the other policies posted on the MaltaMarkt website constitute the entire agreement between MaltaMarkt and yourself, superseding any prior agreements. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of minor in your country of residence and you have given been given consent by a parent of legal guardian to use this site.


A breach or violation of any of the Terms by yourself will result in an immediate termination of our services to you.


You may not use our services for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. Should you breach any law or be in violation of third parties’ rights, this website assumes no liability, and you are agreeing to fully bear all responsibility and liability in this regard.




MaltaMarkt only acts as an intermediary in the provision of rental or sales services through the website. The site is an online marketplace, designed for the unique purpose of putting people who want to rent or buy items in touch with vendors. ‘MaltaMarkt’ does not intervene in the transaction between the two parties and cannot thus be considered part of the rental/sales agreement between parties.



MaltaMarkt has no control over the quality, safety or legality of the listed items, or the truthfulness or accuracy of the  listings. We are not in a position to guarantee the ability of the owners/vendors to rent out or to sell the listed items or the ability of renters/buyers to pay the rental or sales fee due in respect of any items rented out/sold. We cannot warrant that the parties will adhere to any or all of the terms of the transaction.


Any security deposits or warranties required by the owner of the listed item in any form are the sole responsibility of the parties entering into the transaction. MaltaMarkt is not responsible for the collection, retention or reimbursement of any security deposit, nor for the determination of the identity of the owner and the lessee, or the liability of the parties concerned.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the MaltaMarkt website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


MaltaMarkt reserves the right to modify or discontinue the service (or any part or content thereof) without notice at any time. MaltaMarkt shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.


Fees

 

The listing of items on the MaltaMarkt website is subject to a fee. An additional fee in the form of a commission is also due to MaltaMarkt when a rental or sales contract is entered into between users of the website. Members of the website also have the option to advertise their business on the website subject to the payment of advertising fees. Promotions and offers will be posted on the website. Details on our attractive packages are found below:


As referred to above, fees are broken down into two sections:

Membership fees and Commissions

Advertising fees (optional)




Membership Fees and Commissions:

Beginner**

30 Active Product Listings - 5 Images per product listing - for 30 Days at €5 in total

10% Commision fee on the rental/sales fee stipulated in the contract entered into between the owner/vendor and renter/buyer



Enthusiast

80 Active Product Listings -10 Images per product listing - for 30 Days at €50 in total or for

180 Days at €280 or 365 Days at €500

8% Commision fee on the rental/sales fee stipulated in the contract entered into between the owner/vendor and renter/buyer


Expert

120 Active Product Listings -15 Images per product listing - for 30 Days at €100 in total or for 180 Days at €500 or 365 Days at €950

7% Commision fee on the rental/sales fee stipulated in the contract entered into between the owner/vendor and renter/buyer


**A 60 Day free trial is available for the Basic Package


(Included in the commission fees referred to above is a gateway fee owed to the website’s payment services provider, which amounts to 3.4% of the total rental/sales fee stipulated in the contract, plus a flat rate of EUR 0.35c per transaction.)




Advertising Fees:


MaltaMarkt provides users with a customised user-friendly Pay Per Click advertising tool. Owners/vendors wanting to advertise their business through the MaltaMarkt website can allocate funds for advertising by transferring their desired amount to an online wallet operating through the website. Every time that users of the website click on the advert, funds will be taken from the wallet as per predefined rates per click agreed between MaltaMarkt and the advertiser that are defined below.


  • Cost Per Click for Products - 0.35c
  • Cost Per Click for Shop - 0.75c

  • Cost Per Click for Banner - 0.90c

 


The number of visitors of the MaltaMarkt website may vary depending on several factors, such as: the number of the keywords/phrases appearing on the MaltaMarkt website, the popularity of the advertiser’s product, the ability of the advertiser’s initial offer to tempt potential visitors to explore the offer further and the willingness of the advertiser to pay more for a product listing to ensure that it remains at the top of the page when there are several competing offers. MaltaMarkt will not be held responsible for such factors out of MaltaMarkt’s control. Use of this advertising service does not guarantee that your customer base will increase.


MaltaMarkt reserves the right to change its policies regarding membership fees, commissions and other services fees at any time. Updated policies will be featured on the website.




Tax on transactions


MaltaMarkt does not pay any taxes on behalf of the users or members of the website. Users and members are solely liable for any taxes resulting from any rental/sales agreement entered into on the website.


Whether you are a business entity or individual, or whether you are a vendor or a client, you agree that you are solely responsible to determine what taxes, if any, apply to you as a result of the rental/sales agreement that you entered into through the website and to pay any such taxes. In this respect, it is recommended that you seek advice from a tax professional.


Upon confirmation of a rental/sales transaction on the website, users will be directed to a checkout page which will include the price payable by the client. This will be the sum of the rental/sales fee as advertised on the product listing and the website charges. The VAT charge applicable on this total will also be shown and the client will pay the total price plus VAT (18%). Upon receipt of the payment, the owner/vendor is obliged to pay the required VAT to the tax authorities.



Cancellation of Orders

In the event that a client (renter/buyer) wants to cancel an order made through the MaltaMarkt website, s/he must inform the owner/Vendor via message and Buyer Dashboard to reverse the order.


In such a case, only the part of the commission fee which relates to payment gateway fees will be non-refundable; namely 3.4% of the total rental/sales fee stipulated in the contract, plus a flat rate of EUR 0.35c per transaction.


Any security deposits or guarantees required by the owner of the product in whatever form, remains the sole responsibility of the parties to the transaction. MaltaMarkt is not responsible for the collection, retention, or refunding of any security deposit or for collecting money owed by one party of the transaction to the other.


MaltaMarkt reserves the right to refuse any order you place. MaltaMarkt may, in its sole discretion, limit or cancel quantities rented/ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. MaltaMarkt reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors that are not operating ethically.


In the event that MaltaMarkt makes a change to or cancels an order, MaltaMarkt will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.






 

 

Shipping

 

Vendors who want to make their products available to national/international buyers/renters have the option to do so through the website. Vendors will need to enter the relevant information in the fields provided; namely:

 

Shipping Options: What are the available shipping options that your business provides? This can include overnight shipping, standard shipping, air mail, international, domestic, etc.

  • Cost of Shipping: What is the cost to the customer of each of the available shipping options that you provide?
  • Duration of Shipping: How long will each shipping method typically take?

  • Handling Time: How long does it take from when an order is placed to when it gets shipped?

This information will then be shown in the product listing and customers can see what options they have for delivery of the item they wish to rent/buy. The relevant charges will also be shown to the rental/sale price of the item.

 

MaltaMarkt assumes no liability for the timely shipment of items to customers or the quality or condition of such items as received by customers. Responsibility for such rests solely with the owner/vendor of the item.



Rental of Items


When rental items appear on the website they are considered available and customers will be able to reserve instantly. If two users opt to book the same item at the same time the first request is given priority; however, the owner has total discretion on which reservation to accept.





Conditions of Registration and Membership Status


The website contains an area which is accessible to everyone and a private area which is accessible only to members. The  area which is accessible to all website visitors allows access to product listings. The private area is the part of the website that is accessible only after member authentication. Members must enter their password to access the private area. The private area allows members to:


1. Access personal information;

2. Create and manage product listings;

3. Make a purchase or rent an item;

4. Publish comments about products and transactions;

5. Access collaboration tools;

6. Create an affiliate account;



If you do not comply with these conditions, you cannot make use of our services. In addition, we reserve the right to suspend or close member accounts without notice for any reason, including, but not limited to:


  • violation of the terms of service, or other policies shown on the MaltaMarkt website;

  • inability to identify, verify or authenticate the origin of a listing;

  • making false or misleading statements in a product listing;

  • diffusion of confidential, illegal or offensive content (for example, pornography, secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred);

  • breaches of moral standards;

  • the use, copying or diffusion of copyright protected works without the necessary legal authorisation;

  • abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc);

  • diffusion of unsolicited commercial messages (spam);

  • the creation  of various product listings with the intention of spam or misuse of the site;

  • displaying personal/confidential contact details in the product listing with the intention of avoiding the payment owed to MaltaMarkt

  • abusing the feedback system with the purpose of harming any company or individual unless a valid reason is given



You will not hold MaltaMarkt or any person having ownership or management of the company liable for claims, demands or damages (actual and consequential) of any kind for the closing of a member account.



The member commits to keep confidential the password he or she chooses for accessing his or her member account. The member account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity.


The member recognises and accepts being solely responsible for use of his password and member account. The member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and member account by a third party.

The Member also recognises and accepts that MaltaMarkt can consider usage of his member account, username or password as proof of the usage of the website by this member.


Registration of a member account implies, in particular, providing a valid email address that will be used for communication between the member and the website administration and will be used as one of the identifiers (main identifier if solely given) for the member account. All e-mail communications sent by the website administration to the member is understood as having been received by the member, who takes full knowledge thereof.


In addition, the member accepts to provide a physical address and country location/name, which is required by the website upon registration of the member account and the publication of product listings, in order to enable the best usage of  the website’s function as an intermediary in the rental or sales transaction entered into between members of the website.

In order to increase trust in the rental process through the website, an approximate location of the renter/buyer will be visible to the owner of the rental item when s/he is about to accept the reservation request.


The address of the owner of the item may be sent to the client, upon request, once his orher reservation request has been accepted by the owner.




Listings


Listings can only include text and media strictly related to the product being advertised for rent/sale.

All the items listed for rent/sale must be in the appropriate category provided on the website and the owner/vendor is solely responsible for choosing the category in which they will place the listing.


All fees chargeable by the owner/vendor for the rental/sale of the item, including delivery or maintenance fees, must be clearly disclosed in the product listing and also in the agreement to be entered into between the vendor and client. Once the fees have been declared on a product listing, these cannot be changed at a subsequent stage. The owner/vendor may not, under any circumstance, change the fee for the rental/sale of the product as shown in the listing after having received an official request by a client through the website to rent/buy the product.


Other terms within the rental/sales agreement are to be determined solely by the parties entering the transaction. A template of a rental and a sales agreement respectively will be provided on the MaltaMarkt website under the ‘’Information Tab’’ for the convenience of our users. Users are free to make use of this template or to create their own agreement. You agree that MaltaMarkt is not responsible for any claims related to use of the template agreement. It is recommended that users seek professional advice when drafting rental/sales agreements.



The owner/vendor must always list items which he/she is in a position to offer and the product listing must not be misleading in any way. By listing a product for sale or rent, the owner/vendor is declaring that s/he has the necessary legal title or permission to rent out/sell the goods listed. If a user deceitfully uploads a listing for a product for which he/she does not have a legal title or permission to rent out or sell, the member will be fully responsible or liable and MaltaMarkt will not be responsible in any way. Furthermore, the owner/vendor has to ensure that s/he has all the required licences/certifications to offer the product listed if such are applicable.


The owner/vendor agrees that if information provided in the product listing turns out to be inaccurate and the product is subsequently rented out to a customer, the owner/vendor forfeits the right to hold the customer renting the product liable for any damages caused to the item rented, unless the damage in question has no direct link to the inaccuracy of or missing information in the product listing.


No contact information can be included in the product listing. The physical location of the product , the owner/vendor’s address, fax, telephone or mobile number, email and website address are all considered to be contact information. Prospective clients are also prohibited from providing their contact information to owners/vendors, whether through the website or by some other means, prior to making the reservation request for the product through the website.


We have made every effort to display as accurately as possible the colours and images of products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.


MaltaMarkt has the right to monitor, edit, and partially or totally delete any content found in product listings on the website.


MaltaMarkt may publish items which have been listed on the website by its members in its marketing campaigns; however, will not publish any personal or confidential information.

The member guarantees that he or she possesses all the intellectual rights on the content of the listings, including text and visual elements. The member also guarantees that he or she possesses the image reproduction rights.



MaltaMarkt does not offer any insurance policies thus neither the owner/vendor or the client can hold MaltaMarkt liable for any damages to the products rented out or bought, as the case may be. Users are advised to seek professional legal advice in such circumstances.




Custody of rented products


A customer renting a product through the MaltaMarkt website agrees that s/he is the custodian of the item rented for the full duration of the contract entered into with the owner of the item. This means that the customer accepts responsibility for using and maintaining the item rented in a careful and responsible manner. The customer also agrees not to use the item for any illegal purposes or in a manner that is contrary to its intended use, or moral and social standards.



The customer accepts that s/he will be held liable for any damages s/he causes to the rented item. The customer’s liability will not exceed the value of the item, as set out in the rental agreement entered into with the owner of the item, unless otherwise stated in such agreement. The owner assumes no liability during the rental period for the item rented, in particular regarding its incorrect, imprudent or illegal use unless otherwise stated in the rental agreement.


The customer agrees that s/he has and is presumed to have, all the information and skills (any licences and legal requirements) necessary for careful and normal use of the rented item and that it is his/her responsibility to supplement his/her knowledge if necessary unless otherwise stated in the rental agreement.


In the event that the customer returns the item in a bad and/or poorly maintained condition (which cannot be described as the result of normal rental use), requiring special cleaning or attention, s/he will be liable to pay the cost of potential maintenance carried out by a professional specialist. This service provider will be chosen by the owner within a period of 5 working days.


The customer can neither lend nor sub-let the item without the owner’s express written consent.


The customer renting from the owner/renter/service provider commits to abide by all regulations of the rental agreement between the parties.




Reviews

The MaltaMarkt website involves a  reviews or ratings feature, which allows members to publish comments on the website, providing feedback about listed products and other members of the website with whom they have conducted rental/sales transactions.


Affiliate Marketing


The Affiliate Marketing Program of MaltaMarkt is targeted towards social media influencers as well as other marketers that will promote various products featured on the MaltaMarkt website in return for a fee.

These terms apply to you becoming an affiliate in MaltaMarkt's Affiliate Program. The purpose of this agreement is to allow HTML linking between your web site or social media and the MaltaMarkt.com web site. Please note that in this section of our Terms and Conditions, "we," "us," and "our" refer to MaltaMarkt.com, and "you," "your," and "yours" refer to the affiliate.

 

Affiliate Obligations

To begin the enrolment process simply create a new account under ‘’Affiliate Registration’’ and fill in all the necessary fields. This account will be separate from the normal user account on the website. Your request will be placed and verified by the website’s administrators.

We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  • promotes sexually explicit materials;

  • promotes violence;

  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  • promotes illegal activities;

  • incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;

  • includes "MaltaMarkt" or variations or misspellings thereof in its domain name;

  • is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;

  • contains software downloads that potentially enable diversions of commission from other affiliates in our Program;

You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are MaltaMarkt or any other affiliated business.

As a member of MaltaMarkt's Affiliate Program, you will have access to Affiliate Account Pannel. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the MaltaMarkt web site and banner creatives and get tracking codes. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

MaltaMarkt reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.

 

MaltaMarkt’s Rights and Obligations

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the MaltaMarkt.com Affiliate Program.

MaltaMarkt reserves the right to terminate this agreement and your participation in the MaltaMarkt.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the MaltaMarkt Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, MaltaMarkt shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated as set out hereunder.

Termination

Both parties have the right to cancel and stop their participation in the Affiliate Program at any time.

Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and MaltaMarkt's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in MaltaMarkt's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

Payments

MaltaMarkt.com provides reward points and commission as follows:-

  • 10 points when signing up for an affiliate account  
  • 10 points when a new user referred by the affiliate signs up for a new user account
  • 20 points for the affiliate upon the first purchase by the new user and 10 Points for the new user

  • 5% Commission for the affiliate for referred purchases

 

Reward Points expire after 6 Months

 

 

Promotion Restrictions

You are free to promote your own web sites, but naturally any promotion that mentions MaltaMarkt.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by MaltaMarkt.com; for example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.

Other generally prohibited forms of advertising include the use of unsolicited commercial email, postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote MaltaMarkt.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote MaltaMarkt.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from MaltaMarkt.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the MaltaMarkt.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Affiliates that, among other keywords or exclusively, bid in their Pay-Per-Click (PPC)campaigns on keywords such as MaltaMarkt.com.mt, mmarkt.com, marktm.com and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from MaltaMarkt’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.

Affiliate shall not transmit any so-called "interstitials,” "Parasiteware™,” "Parasitic Marketing,” "Shopping Assistance Application,” "Toolbar Installations and/or Add-ons,” "Shopping Wallets” or "deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited MaltaMarkt’s site (i.e., no page from our site or any MaltaMarkt.com’s content or branding is visible on the end-user’s screen). As used herein, "Parasiteware™” and "Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of the MaltaMarkt site in IFrames, hidden links and automatic pop ups that open MaltaMarkt.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

 

Grant of Licenses

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MaltaMarkt.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of MaltaMarkt.com and the good will associated therewith will inure to the sole benefit of MaltaMarkt.com.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the other party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

Disclaimer

MaltaMarkt makes no express or implied representations or warranties regarding MaltaMarkt’s service and web site or the products or services provided therein. Any implied warranties of MaltaMarkt’s ability, fitness for a particular purpose are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

Representations and Warranties

You represent and warrant that:

  • This Agreement has been duly and validly executed and accepted by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

 

Limitations of Liability

We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall MaltaMarkt's cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.

Indemnification

You hereby agree to indemnify and hold harmless MaltaMarkt, and affiliates and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

Miscellaneous

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MaltaMarkt. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other site or otherwise, that reasonably would contradict anything in this section.

Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

This Agreement shall be governed by and interpreted in accordance with the laws of Malta.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.



Coupons

Information on how to participate forms part of these Terms & Conditions. By participating, claimants (MaltaMarkt customers who are claiming a reward in relation to a coupon which they have) agree to be bound by these Terms & Conditions. Claimants must comply with these Terms & Conditions for a coupon to be valid.

Each claimant is entitled to one coupon per transaction. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by MaltaMarkt.

Each coupon is identified by a code and each code is linked to a specific type of reward. The claimant can decide what type of coupon s/he would like and thus the type of reward when making the reservation to rent/purchase the item, whilst being bound by the conditions linked to the redemption of the coupon.   

To redeem the coupon, the claimant needs to type the coupon code into the relevant field of the MaltaMarkt website checkout page and the relevant discount will be automatically deducted from the final price of the qualifying purchase. If the claimant fails to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a claimant's purchase on the MaltaMarkt website. Each coupon is valid for a limited time only and is not necessarily valid for all periods of the year. This will be specified in the e-mail which the customer will receive with details about the coupon. Coupons cannot be replaced if e-mails are deleted by the claimant.

A coupon cannot be applied to bookings previously placed with MaltaMarkt.

If a coupon is used and and the rental/purchase is subsequently cancelled  (in accordance with the cancellation policy ) , the coupon will no longer be valid.

MaltaMarkt shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon, except for any liability which cannot be excluded by law.


MaltaMarkt accepts no responsibility for late, lost or misdirected e-mail or other communications. MaltaMarkt assumes no responsibility for any failure to receive a claim or for inaccurate information such as e-mail provided or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then MaltaMarkt may modify, cancel, terminate or suspend the coupon.

 

Optional Tools


We may provide you with access to third-party tools which we neither monitor nor have any control over or input thereto.


You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.



Third Party Links


Certain content, products and services available via the MaltaMarkt website may include materials from third-parties.


Third-party links on the MaltaMarkt site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of information of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


When you click on links on  the MaltaMarkt website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.



Other Terms


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us with your consent. We are and shall be under no obligation (1) to pay compensation for any comments; or (2) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the MaltaMarkt service or that of any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the MaltaMarkt website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information on the MaltaMarkt website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the MaltaMarkt website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.



Disclaimer of Warranties & Limitation of Liability


MaltaMarkt does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall MaltaMarkt, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In all cases, our liability shall be limited to the maximum extent permitted by law.


You agree to indemnify, defend and hold harmless MaltaMarkt  and our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Severability


In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.


Termination


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of our agreement with you for all purposes.


These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).


The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.


These Terms and Conditions and any policies or operating rules posted by us on the MaltaMarkt website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.


For any more info please do not hesitate to contact us on info@maltamarkt.com