Terms of Service

Terms and conditions of use

1Acceptance of these Terms and Conditions

This document, as well as all those other documents referred to below make up our house rules, or what we officially call the conditions of useThe conditions of use are a legal contract between you and Mercado Boricua.

This contract establishes your rights and responsibilities when you use the services provided by Mercado Boricua (we will refer to our website, mobile applications and other services as the "Services"), so please read carefullyBy using any of our services (even only when browsing our website), you accept the terms of useIf you do not agree to the Terms, you will not be able to use our services.


twoPolicies and Rules for Sellers and Buyers
Mercado Boricua services connect the people of Puerto Rico to buy and sell unique productsHere is a practical guide to help you understand the specific rules that are relevant to you, depending on how you use the Services:

Policies and Rules for sellers. If you list any item for sale through our services, these policies apply to you.
Policies and Rules for buyers. If you use our services to browse or buy a product, these policies apply to you.

All of these policies are part of our Terms and Conditions of Use, so be sure to read the ones that are relevant to you.We recommend reading the rest of this document as it applies to everyone.

3Your Privacy

We know that your personal information is important to you, so it is important to usOur Privacy Policy explains how your information is used when you use our services.


4Your account with Mercado Boricua

Some fundamental rules about accounts with Mercado Boricua:


  1. You must be over 18 years old to use our servicesOtherwise, you must use our services under the supervision of a parent or legal guardian.

    BBe honest with usProvide accurate information about yourselfIt is not correct to use false information or impersonate another person or company through your account.

    CChoose a good usernameA username that is offensive, vulgar, or infringes someone's intellectual property rights violates the conditions of use is totally prohibited.

    DYou are responsible for your accountIf you are going to share an account with other people, then the person whose billing information is in the account will ultimately be responsible for all activityIf you are registering as a business entity or a group, you personally guarantee that you have the authority to accept the Terms on behalf of the company or groupYour accounts are not transferable.

    ANDPassword protectionAs mentioned earlier, you are solely responsible for any activity on your account, so it is important to keep your account password secure.

    FBe clear about our relationshipThe creation of an account in Mercado Boricua or the use of our services makes you an independent contractor with Mercado BoricuaNo agency, association, joint venture, employment or franchise relationship with Mercado Boricua is intended or created by the terms of use.

5Your Content
Content you post under the use of our services is yours (so we will refer to it as "Your Content")We make no claim to itThis includes anything you post while using our services (such as user names, store names, profile photos, photo listing, listing description, reviews, comments, videos, etc.).


  1. Responsibility for its contentYou understand that you are solely responsible for your contentYou ensure that you have all the necessary rights for your content and that you are not infringing or violating the rights of any third party by publishing it.

    BPermission to use its contentBy publishing your content through our services, you grant Mercado Boricua a use license to help the function, promotion and growth of Mercado Boricua.

    CRights that you grant Mercado Boricua(Here is the legal jargon version of the last section)By publishing your content, you grant Mercado Boricua a non-exclusive, worldwide, royalty-free, sub-license, irrevocable perpetual license to use, view, edit, modify, reproduce, distribute, store and prepare derivative works of its content to provide the services and promote Mercado Boricua, its Mercado Boricua store, or services in general, in any format either through any channel, including through any of the services or platforms established by Mercado Boricua, third-party website or alternate advertising media.

Consider these examples: If you upload a photo of a listing to your Mercado Boricua store, firstly we have permission to show it to buyers, and secondly we can resize it so it looks good to a buyer using our mobile app; If you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; And if you post a beautiful photo of your latest handmade necklace, we can offer on our website as well as on any social media platform, on one of our blogs or even on a billboard to help promote your business and Market Boricua.


  1. Notification of unauthorized contentMercado Boricua has great respect for intellectual property rights, and undertakes to follow appropriate legal procedures to remove infringing content from the Services.If the content you own or is entitled to has been submitted to the Services without your permission and you wish it to be removed, please follow the steps outlined in our Intellectual Property Policy . If your content infringes someone else's intellectual property, we will remove it if we receive appropriate notificationWe will notify you if that happens.

    ANDInappropriate, false or misleading contentThis should be common sense, but there are certain types of content that we do not want at Mercado Boricua, for legal or other reasons.You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or offensive or in violation of our policies or any part of the Terms of Use.You also agree not to post any content that is false and misleading or use the services in a way that is fraudulent or misleading.

  2. Use of Our Services

License to use our servicesWe grant you a limited, non-exclusive, non-transferable and revocable license to use our services subject to the conditions of use and the following restrictions, in particular:



  1. Do not use our services to violate the lawThe user agrees that he will not violate any law regarding the use of the Services.This includes all local, state, federal, and international laws that may apply to you.For example, it is your responsibility to obtain the permits or licenses that your store requires; you cannot sell anything that violates any law; or commit fraud, theft or any other crime against Mercado Boricua, another user of Mercado Boricua or a third party.

    BDon't try to harm our systemsYou will not distribute any viruses or any other harmful computer code through the Services.

    CThe name "Mercado Boricua", and the other brands of Mercado Boricua, phrases, logos and designs that we use in connection with our services, are trademarks, service marks or brand image of Mercado Boricua in Puerto Rico, USA.and other countries.

  2. Share your ideasWe love your suggestions and ideasThey can help improve your experience and our servicesAll unsolicited ideas or other materials that you send to Mercado Boricua (not including their content or items that you sell through our Services) will be considered non-confidential and non-proprietary to you.You grant us a non-exclusive, worldwide, royalty-free, sub-license, perpetual and irrevocable license to use and publish those ideas and materials for any purpose, without compensation to you.


7Termination or Purpose of your Store

Completion by You
We don't like to see it go, but you can cancel your Mercado Boricua account at any time from the account settingsTermination of your account will not affect the availability of some of your content that you submitted through the Services prior to termination.


Completion of part of Mercado Boricua
We can cancel or suspend your account and your access to the Services at any time, for any reason and without prior notice.If we do, it is important to understand that you do not have a contractual or legal right to continue using our services, for example, to sell or buy on our website or mobile applicationsMercado Boricua can deny the service to anyone, at any time and for any reason.


If you or Mercado Boricua cancel your account, you may lose all the information associated with your account, including its content.


We can suspend the servicesMercado Boricua reserves the right to modify, suspend or interrupt any of the Services at any time and for any reason.We will not be liable to you for the effect that any change in services may have on you, including your income or your ability to generate income through the ServicesThe Conditions will remain in effect even after your access to the Service is terminated.


8Claims, Returns or Changes
You understand that Mercado Boricua IS NOT a “Retail” store that stores or distributes products; MB is a Virtual Market that allows Buyers and Sellers to carry out purchase and sale transactions through Our ServicesShipments made by Mercado Boricua are part of a particular protocol between the Seller and MBMB does not guarantee the quality of the product, materials used, safety or even its legality, nor its production or manufacture.You acknowledge that the delivery conditions of all packages depend on the Shipping Service Providers, (USPS, UPS, DHL, FedEx) once the Package is shipped.

The products you buy.
You understand that Mercado Boricua does not manufacture, store or inspect any of the items sold through our services.We provide the place; the items in our market are produced and sold directly by external Sellers who use Our Services, so Mercado Boricua does not guarantee quality, safety or even legalityAny legal claim related to a product you purchase must be brought directly against the Product Seller.


The content you access.  

We make no representations regarding any content posted by users through the ServicesMercado Boricua is not responsible for the accuracy, copyright compliance, legality or decency of the content published by users accessed through the Services.You release us from all liability related to that content.

Thirdparty services.  

Our Services may contain links to websites or services that are not owned or controlled by third parties (for example, links to Facebook, Twitter and Pinterest)It may also be necessary to use the product or service of a third party in order to use some of our services (such as a compatible mobile device to use our mobile applications)When you access these third-party services, you do so at your own risk and responsibility.Third parties may require that you accept their own terms of useMercado Boricua is not a party to those agreements; they are exclusively between you and the third party.

Liability limits. To the extent permitted by law, neither Mercado Boricua, nor our employees or directors will be liable to you for any loss of profits or income, or for any consequential, incidental, indirect, special or punitive damages arising from or in connection with the services or these terms.


Boricua Market Guarantee
The Boricua Market Guarantee responds to Claims for Failure to Deliver and Particular Errors of OrderFor this reason, we authorize only payments made through Our Platform, thus we Protect transactions made between Our Buyers and Sellers.   Read more about Our Boricua Market Guarantee.


9Indeminization

We hope this never happens, but if Mercado Boricua is sued for something you did, you agree to defend and indemnify usThat means that you defend Mercado Boricua (including any of our employees) and hold us harmless against any legal claim or lawsuit (including reasonable attorney fees) arising from your actions, your use (or misuse) of our services, your breach of the conditions or the violation of your account to the rights of another person.


We reserve the right to handle our legal defense as long as we feel like it, even if you are indemnifying us, in which case you agree to cooperate with us so that we can execute our strategy.

10Disputes with other users

If you are in a dispute with another user of Mercado Boricua Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.


Liberation of the Boricua MarketYou release Mercado Boricua from any claim, demand or damage derived from conflicts with other users or parties.


elevenDisputes with Mercado Boricua
If you are upset with us, please let us know, and hope we can solve the problem.But if we can't, then these rules affect any legal dispute involving our services:
The General Conditions are governed by the laws of Puerto Rico, without taking into account its conflict of laws, and the laws of the United States of America.  


12Changes in the Terms and Conditions of Use

We may update these terms of use from time to time.If we believe that the changes are significant, we will undoubtedly let you know about the changes made by any of the following means: (1) the publication of the changes through the Services, or (2) the sending of an email or a message about changesThat way you can decide if you want to continue using the Services.The changes will be effective after the changes are publishedYou are responsible for reviewing and familiarizing yourself with the changes.  


Use of Our Services constitutes your acceptance of the updated Terms.


13Some legal points
The conditions of use, including all the policies that make up the conditions of use, replace any other agreement between you and Mercado Boricua in relation to the Services.If it is determined that any part of the conditions of use is not enforceable, said part is limited to the minimum measure necessary for the conditions of use to remain the same in full force and effectOur inability to enforce any part of the Terms of Use is not a waiver of our right to subsequently enforce that or any other part of the terms of use.We can assign any of our rights and obligations under the conditions of use.

  1. Contact information  
    If you have any doubts or questions about the Terms and Conditions of Use, please do not hesitate to write us directly to:

merboricua@gmail.com


Updated September 6, 2016