Terms of Service

Effective Date: January 15, 2025
Last Updated: January 15, 2025

1. Introduction and Acceptance

Welcome to OpenMarket.ie, operated by Blackshore Technology Limited, an Irish company registered in Dublin, Ireland (“we,” “our,” “us,” or “OpenMarket”).

These Terms of Service (“Terms”) govern your use of the OpenMarket.ie website and services (the “Service”). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: OpenMarket.ie is a classified advertising platform that connects buyers and sellers. We do not process payments, handle transactions, or provide escrow services. All transactions are conducted directly between users.

2. Eligibility and Account Registration

2.1 Eligibility

• You must be at least 18 years old to use our Service
• You must be located in Ireland
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using our Service under Irish or EU law

2.2 Account Registration

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One person may only maintain one account

2.3 Account Verification

• We may require identity verification for certain features
• Verified accounts receive additional privileges and trust indicators
• False information may result in account suspension or termination

3. Platform Description and Limitations

3.1 Service Description

OpenMarket.ie is a classified advertising platform that:

• Allows users to post listings for items they wish to sell
• Enables communication between potential buyers and sellers
• Provides search and discovery features for listed items
• Offers user profiles and reputation systems

3.2 What We Do NOT Do

We explicitly DO NOT:

• Process payments or handle money transfers
• Provide escrow services or transaction guarantees
• Verify the authenticity, quality, or legality of listed items
• Guarantee the identity, credentials, or reliability of users
• Mediate disputes between buyers and sellers
• Provide insurance for transactions
• Handle shipping or delivery of items

3.3 User Responsibility

You are solely responsible for:

• All transactions you enter into with other users
• Verifying the identity and trustworthiness of other users
• Inspecting items before purchase
• Arranging payment methods and ensuring secure transactions
• Your personal safety when meeting other users
• Compliance with all applicable laws in your transactions

4. User Conduct and Prohibited Activities

4.1 Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You will not:

4.2 Prohibited Content

• Post false, misleading, or deceptive listings
• List stolen, counterfeit, or illegal items
• Include inappropriate, offensive, or discriminatory content
• Violate intellectual property rights
• Post spam or duplicate listings
• Include personal contact information in public listings (use our messaging system)

4.3 Prohibited Conduct

• Harass, threaten, or abuse other users
• Attempt to circumvent our fees or systems
• Use automated tools to scrape or access our Service
• Create multiple accounts or fake accounts
• Engage in fraudulent activities
• Violate any applicable laws or regulations

4.4 Restricted Items

The following items are prohibited on our platform:

• Illegal drugs and controlled substances
• Weapons and ammunition
• Stolen goods
• Counterfeit items
• Adult content and services
• Live animals
• Medical devices and prescription drugs
• Items that violate intellectual property rights

5. Listings and Content

5.1 User-Generated Content

• You retain ownership of content you post
• You grant us a license to display, distribute, and promote your content
• You are solely responsible for the accuracy and legality of your listings
• We reserve the right to remove content that violates these Terms

5.2 Listing Requirements

• Provide accurate descriptions and current photos
• Set fair and honest pricing
• Update or remove listings when items are no longer available
• Respond promptly to legitimate inquiries

5.3 Content Moderation

• We moderate listings to prevent obvious scams and prohibited content
• Moderation does not constitute endorsement or verification
• We may remove content at our discretion
• Repeated violations may result in account suspension

6. Communication and Transactions

6.1 User Communication

• Initial contact must occur through our messaging system
• Users may exchange contact information after initial contact
• We do not monitor private communications
• Report inappropriate behavior through our reporting system

6.2 Transaction Process

• All transactions are between users only
• We recommend meeting in safe, public locations
• Inspect items thoroughly before completing transactions
• Use secure payment methods and avoid wire transfers to strangers
• Keep records of your transactions

6.3 Dispute Resolution

• We do not mediate disputes between users
• Users must resolve transaction disputes directly
• Report fraudulent behavior through our reporting system
• Consider involving appropriate authorities for serious issues

7. Fees and Payments

7.1 Platform Fees

• Basic listing and messaging features are currently free
• We reserve the right to introduce fees with 30 days’ notice
• Premium features may be subject to fees
• All fees are stated in Euros (EUR)

7.2 Transaction Payments

• We do not process payments between users
• Users are responsible for their own payment arrangements
• We recommend secure payment methods for transactions
• Cryptocurrency transactions are at users’ own risk

8. Intellectual Property

8.1 Our Intellectual Property

• OpenMarket.ie name, logo, and platform design are our property
• You may not use our trademarks without permission
• Our software and algorithms are proprietary

8.2 User Content

• You retain rights to your original content
• You must not infringe others’ intellectual property rights
• Report intellectual property violations to us
• We will respond to valid takedown requests

9. Privacy and Data Protection

9.1 Privacy Policy

• Our Privacy Policy explains how we handle your data
• We comply with GDPR and Irish data protection laws
• Your data is processed and stored within the EU
• You have rights regarding your personal data

9.2 Data Security

• We implement reasonable security measures
• You are responsible for protecting your account credentials
• Report security breaches immediately
• We cannot guarantee absolute security

10. Disclaimers and Limitations

10.1 Service Availability

• We provide the Service “as is” without warranties
• We do not guarantee continuous availability
• We may modify or discontinue features at any time
• Scheduled maintenance may cause temporary unavailability

10.2 User Interactions

• We do not verify user identities or listings
• We are not responsible for user conduct or transactions
• Users interact at their own risk
• We disclaim liability for user-generated content

10.3 Limitation of Liability

To the maximum extent permitted by Irish law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to €100 or the fees paid by you, whichever is greater
• We are not liable for user transactions or interactions
• These limitations do not affect your statutory rights as a consumer

11. Indemnification

You agree to indemnify and hold harmless Blackshore Technology Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your transactions with other users
• Your violation of any third-party rights

12. Termination

12.1 Termination by You

• You may delete your account at any time
• Termination does not affect completed transactions
• Some information may be retained as required by law

12.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Harm other users or our platform
• Fail to respond to our communications regarding violations

12.3 Effect of Termination

• Your right to use the Service ends immediately
• We may delete your content and data
• Outstanding obligations survive termination
• You remain liable for pre-termination activities

13. Legal Compliance and Reporting

13.1 Legal Compliance

• You must comply with all applicable Irish and EU laws
• Report illegal activity to appropriate authorities
• We cooperate with law enforcement when legally required
• We may report suspected illegal activity

13.2 Reporting System

• Report violations through our reporting system
• We investigate reports and take appropriate action
• False reports may result in account penalties
• We may share reports with law enforcement if necessary

14. Modifications to Terms

14.1 Changes to Terms

• We may modify these Terms at any time
• Material changes will be communicated with 30 days’ notice
• Continued use after changes constitutes acceptance
• You may terminate your account if you disagree with changes

14.2 Notice of Changes

• Changes will be posted on our website
• Registered users will receive email notification
• The effective date will be updated accordingly

15. Governing Law and Jurisdiction

15.1 Applicable Law

These Terms are governed by:

• Irish law
• European Union regulations where applicable
• Irish consumer protection laws

15.2 Jurisdiction

• Irish courts have exclusive jurisdiction over disputes
• You may also use alternative dispute resolution mechanisms
• EU consumers retain rights under EU consumer protection directives

15.3 Consumer Rights

If you are a consumer under Irish or EU law:

• These Terms do not limit your statutory rights
• You may have additional rights under consumer protection laws
• Contact the Competition and Consumer Protection Commission (CCPC) for consumer issues

16. Contact Information

For questions about these Terms of Service, contact us at:

Company: Blackshore Technology Limited
Email: legal@openmarket.ie
Address: Dogpatch Labs, Unit 1, The CHQ Building, North Wall Quay, Dublin 1, Dublin, Leinster, D01Y6H7, Ireland

For Consumer Issues: Competition and Consumer Protection Commission (CCPC)

• Website: https://www.ccpc.ie
• Phone: 01 402 5555

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenMarket.ie.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations to any party.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

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By using OpenMarket.ie, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: January 15, 2025