End User Agreement

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MARTEYE END USER AGREEMENT

Please read the following important terms before using the Marteye platform available at marteye.ie and/or the Marteye mobile application (the “App”) (the “Marteye Platform”). 

Your use of the Marteye Platform is subject to the below conditions, if you do not agree to these conditions do not use the Marteye Platform.

 

1. Who we are

   1. This end user licence agreement (the “End User Agreement”) governs your general use of the Marteye Platform, whether as a seller or bidder of livestock, machinery or other items (“Stock”) which are made available for sale by auction by third party auctioneers via the Marteye Platform (each an “Auctioneer”).

   2. The Marteye Platform is operated by Marteye Limited, a company incorporated under the laws of Ireland under company number 681144 with registered office at The Portershed, 15 Market Street, Galway H91 TCX3 (‘Marteye, ‘we’, ‘our’ or ‘us’).

   3. The purpose of this End User Agreement is to let you know what we expect from bidders who use the Marteye Platform and to include certain terms relevant to the use and operation of the Marteye Platform.

2. who this end user agreement applies to

   1. This Marteye Platform is intended for use by anyone who wishes to place a bid for the purchase of Stock which is made available for sale by auction by an Auctioneer via the Marteye Platform, as well as to view Mart Accounts, bidding history and utilise other functions provided by the Marteye Platform. (“User”, “you”, “your”).  You are also bound by the Terms of Use which are available here.  If you are visiting the Marteye Platform for any purpose other than to place a bid or sell Stock and/or to host an auction then your use of the Marteye Platform will be governed by our Terms of Use which are available here. 

   2. Please note that Auctioneers will have their own terms and conditions which you may also be required to comply with depending on your use of the Marteye Platform.  In particular, you will need to agree to the Auctioneer’s terms when you bid at auction and/or when you make Stock available for sale at auction.  We are not a party to these terms nor do we have any liability under them. 

3. Our contract with you

   1. By registering with and/or using the Marteye Platform you confirm that you have read and are agreeing to this End User Agreement If you do not accept and agree to this End User Agreement, please do not use the Marteye Platform.

   2. By using the Marteye Platform, you confirm that you are 17 years of age or over and you otherwise have the legal capacity to enter into and agree to the terms of this End User Agreement.

   3. Sometimes other terms and conditions will be relevant to our legal relationship with you.  This will include, for example, any terms and conditions that apply to any promotional offers, discounts or plans we offer.  Such additional terms, if any, will be made known to you at the time they are to take effect.

   4. It is important that you understand what personal data we receive when you use the Marteye Platform.   More information about how we process your personal data is contained in our Privacy Notice.  Please refer to our privacy policy for further information.

   5. We are not in control of the information made available by Auctioneers which you access via the Marteye Platform.  We cannot therefore make any representations, warranties or guarantees in connection with what the Auctioneer may offer for sale through the Marteye Platform. 

4. Changes to this End User Agreement

We may make changes to this End User Agreement from time to time and may do so for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices.  The most recent version of this End User Agreement will be posted on the Marteye Platform.  You should regularly check for the most recent version.  If you continue to use the Marteye Platform after the changes become effective, you will be considered to have accepted those changes.  If you do not agree to these changes, you must end your relationship with us by stopping your use of the Marteye Platform.

1. Your access to the Marteye Platform

   1. As a user of the Marteye Platform you may be able to view and navigate the Marteye Platform; manage a User Account (as defined below); interact with online auctions which are hosted on the Platform, which may including bidding for and purchasing Stock made available for sale by auction on the Marteye Platform by Auctioneers; interact with content contained in or uploaded to the Marteye Platform; engage directly with Auctioneers, which may involve (but not be limited to) communicating with an Auctioneer relating to an auction or account;  viewing historical sale information; placing deposits or make payments; receiving push notifications related to auctions, events or other alerts; submitting content and/or media to be displayed on the Marteye platform; and using all and any other available features of the Marteye Platform (together and individually the “Service”).

   2. By registering with and/or using the Marteye Platform you:

      1. acknowledge and agree that all and any communications and/or other information provided to you via the Marteye Platform, including but not limited to prices, statistical data and any other information relating to Stock is provided to you by the Auctioneers and not Marteye;

      2. acknowledge and agree that you are solely responsible for providing correct and accurate information regarding you and your business, as well as any Stock which you place for sale via action, in each case via the Marteye Platform;

      3. warrant, represent and undertake that you shall use the Marteye Platform in accordance with all applicable laws and shall not do, or omit to do, anything that would put Marteye in breach of applicable laws; and

      4. warrant and represent that all information provided by you via the Marteye Platform is true, complete and accurate.

   3. You are responsible for making all arrangements necessary for you to have access to the Marteye Platform, including (but not limited to) continuous access to high-speed, high quality internet  with sufficient upload and download speeds to permit continuous access to the Marteye Platform and supported hardware.  In all cases, you must have a mobile phone, tablet, computer or other supported device (“Device”) that is capable of operating the Marteye Platform without interruption.  Before you attempt to use the Marteye Platform you should check that the hardware, software and network requirements of your Device will allow you to download the App and/or run the Marteye Platform.  Please review the minimum and recommended hardware, software and network requirements available here.

2. STOCK FOR SALE ON MARTEYE PLATFORM

   1. Marteye’s role is limited to the provision of online auction content on the Marteye Platform and facilitating the payment for Stock purchased by successful bidders on behalf of an Auctioneer.  The Marteye Platform is only a means of communication to enable you to view online auction content and/or participate in auction sales.  In particular, Marteye is not an online auctioneer.  By submitting a winning bid or otherwise agreeing to purchase Stock accessed through the Marteye Platform you are entering into a valid, legal and binding contract with the Auctioneer (as defined below) to complete the purchase.

   2. Stock is sold subject to the terms and conditions of the Auctioneer and it is your responsibility to obtain and to read the Auctioneer's terms and conditions carefully before making a bid or offer to purchase any Stock.  

   3. Marteye is not a party to any transaction between you and the Auctioneer for the sale of Stock nor is it acting as agent for or otherwise on behalf of any Auctioneer.  Accordingly, you acknowledge and agree that you will have no claim or cause of action against Marteye in respect of the sale (or non-sale) of any Stock.

   4. Marteye is not responsible for any errors in information about Stock on the Marteye Platform.  Marteye makes no warranties or representation of any kind or nature with respect to Stock (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, source, origin or availability for sale).  If you have any questions regarding Stock, then please contact the Auctioneer directly.

   5. Whilst Marteye may facilitate communications between you and the Auctioneers, it accepts no responsibility in respect of the availability or performance of any such services.

3. User account

   1. To make a bid for Stock on the Marteye Platform you will be required to maintain a valid user account through the Marteye Platform (“User Account”).  agree to provide us with true and accurate information and to update it as necessary to keep your User Account accurate.  You can delete your User Account by contacting us at hello@marteye.

   2. You must not use your User Account for or in connection with the impersonation of any person.  If you provide false information, we reserve the right to suspend or terminate your User Account and your access to the Marteye Platform.

   3. You must treat your username and password you choose as confidential, and you must not share them with anyone else.  If you think that someone else might be using your User Account, you must let us know immediately by contacting our support team at hello@marteye.ie.  You should also immediately change your password.  You must not use anyone else's account to access the Marteye Platform.  We may suspend or terminate access to your account if you break any of these rules and/or the other rules contained in this End User Agreement.

4. Use of the Marteye Platform

   1. We permit you to use the Marteye Platform for the primary purposes of (1) viewing, and receiving information in respect of, Stock made available for sale on the Marteye Platform; (2) making payment for Stock purchased using the Marteye Platform. Use of the Marteye Platform in any other way, including any unacceptable use set out in this End User Agreement, is not permitted.

   2. Except as expressly set out in this End User Agreement or as permitted by applicable law, you undertake and agree:

      1. not to use the Marteye Platform (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this End User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Marteye Platform (or into the websites linked to the Marteye Platform) or any operating system;

      2. not to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

      3. not to send or otherwise post unauthorised commercial advertisements or other communications to users of the Marteye Platform or any person (e.g. unsolicited commercial communications or spam);

      4. not to collect information relating to any users or otherwise access the Marteye Platform or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Marteye Platform or our systems;

      5. not to solicit login information or access an account belonging to someone else;

      6. not to copy any of the Marteye Platform;

      7. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Marteye Platform or its content;

      8. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Marteye Platform, including not accessing all or any part of the Marteye Platform in order to build a product or service which competes with the Marteye Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;

      9. not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Marteye Platform;

      10. not to make alterations to, or modifications of, the whole or any part of the Marteye Platform, or permit the Marteye Platform or any part of it to be combined with, or become incorporated in, any other programs;

      11. not to manipulate any identifiers to disguise the origin of a message;

      12. not attempt to undermine the security and/or integrity of the Marteye Platform;

      13. not to facilitate or encourage any violations of this End User Agreement (or any part thereof); and

      14. not to use the Marteye Platform in any manner which could damage, disable, overburden, impair or compromise the Marteye Platform, our systems or security or interfere with other users or any other party’s computer systems or hack or gain unauthorised access to the Marteye Platform or the Service or data.

   3. Without prejudice to any right which you may have under applicable laws to withdraw a bid at any time before the auction has been completed, you agree and undertake to promptly pay the full purchase price for any Stock on which you have successfully bid and in respect of which you have not withdrawn your bid prior to the auction being completed.  If you fail to promptly pay the purchase price for any such Stock then we reserve the right to suspend and/or terminate your account with us and/or to block you from making any further bids on the Marteye Platform.

5. Use of our content

   1. Marteye and/or our licensors retain all right, title and interest in and to the information (in any form including without limitation text, graphical, video and audio), images, icons, applications, designs, software, scripts, programs, copyright, trade marks, trade names, logos, and other materials and services available on or through and Marteye Platform, including its look and feel (collectively, ‘Marteye Content’).  Marteye Content is protected by copyright, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties.  Your access and/or use of any of Marteye Platform does not transfer to you or to any other person any ownership or other rights in or to the Marteye Platform or its content, unless specified otherwise in this End User Agreement.

   2. You may not make alterations, copies, extractions, modifications or additions to Marteye Content, or sell, copy, disseminate or licence it, or misuse the Marteye Content in any way.  If you want to re-publish, extract, reproduce, disseminate or otherwise use any of the Marteye Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in this End User Agreement.  This is without prejudice to any rights you may have under applicable mandatory laws.

   3. Any information, other than personal data or information, you transmit to Marteye via the Marteye Platform, by electronic mail or otherwise, including data, questions or comments will be treated as non-confidential and non-proprietary and will become the property of Marteye.

   4. We may use any feedback and suggestions for improvement relating to the Service and/or the Marteye Platform that is provided by you unsolicited or otherwise (Feedback) without charge or limitation you hereby assign (or shall procure the assignment) of all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future intellectual property rights) to the us at the time such Feedback is first provided to the us.  To the extent that any Feedback is not or cannot be assigned to us as legal and beneficial owner you grant and agree to grant us, relating to all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Feedback for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into any of our products or services, without compensation or accounting to you and without further recourse by you.

6. intellectual property

   1. You acknowledge and agree that any and all intellectual property rights in and to the Marteye Platform and any insight, improvements and/or content generated by the Service (the “Service IP”) is and shall remain the property of Marteye and/or its licensors.  Except as expressly provided by this End User Agreement, no rights or obligations in respect of the Service IP or any other intellectual property rights of Marteye and/or its licensors are granted to you or any other person or shall be implied from this End User Agreement.

   2. Without prejudice to the right of you or any third party to challenge the validity of any of our rights in and to the Service IP or any other intellectual property rights of ours, you shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with the Service IP and/or any other intellectual property rights of ours and shall not omit or authorise any third party to omit to do any act which, by its omission, would have that effect or character.

7. Communications by electronic means

We may communicate with you by electronic communications using information you provide during the sign up process or contained in any communication you submit to us. You agree that we may communicate with you by means of electronic communications regarding this End User Agreement and any other matter relating to your use of the Service.  E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified.  We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.

1. availability of the Marteye Platform

   1. While we try to make sure that the Marteye Platform is accurate, up-to-date and free from bugs, we do not represent or warrant that it will be.  Furthermore, we do not represent or warrant that the Marteye Platform will be fit or suitable for any purpose.  Any reliance that you may place on the information on the Marteye Platform is at your own risk.  To the maximum extent permitted by applicable law, we exclude all conditions and warranties implied by law or otherwise.

   2. While we try to make sure that the Marteye Platform is available for your use, we do not represent or warrant that the Marteye Platform is available at all times nor do we represent or warrant the uninterrupted use by you of the Marteye Platform that any technical issues with the Marteye Platform will be remedied.  Notwithstanding the generality of the foregoing, Marteye is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Marteye Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

   3. We may change, upgrade, suspend or discontinue the Marteye Platform and/or one or more services or any feature of the Service at any time as we see fit.

   4. Where the Marteye Platform contain links to other sites and resources provided by third parties, these links are provided for your information only and you acknowledge and agree that Marteye has no control over the contents of such sites or resources.

2. Limitation on liability

   1. Nothing in this End User Agreement shall operate to exclude or limit Marteye liability for: (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any other liability which cannot be excluded or limited under applicable law.

   2. To the fullest extent permitted by applicable law, Marteye shall not be liable under or in connection with this End User Agreement for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable.

   3. You acknowledge and agree that Marteye has no liability to you for any loss of earnings, loss of opportunity, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

   4. Subject to clauses 13.1 and 13.2, Marteye’s aggregate liability in respect of claims arising out of or in connection with this End User Agreement in contract or tort (including negligence) or otherwise, shall in no circumstances exceed €100.

3. Consequences of breaching this End User Agreement

Any failure to comply with any of this End User Agreement or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the immediate suspension or termination of your access to the Marteye Platform without notice or liability. This is without prejudice to any other rights or remedies we may have under this End User Agreement and/or under applicable law.

1. software LICENSES

   1. You acknowledge that any software which may be available or provided to you on this Marteye Platform may contain technology that is subject to strict controls pursuant to export control laws and regulations of Republic of Ireland.  You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations.  Marteye does not authorise the downloading or exportation of any software or technical data from the Marteye Platform to any jurisdiction prohibited by such export controls laws and regulations.

2. general provisions

   1. This End User Agreement operates to the fullest extent permissible by applicable law.  If any provision (or part provision) of this End User Agreement is unlawful, void or unenforceable, that provision (or part) is deemed severable from this End User Agreement and does not affect the validity and enforceability of any remaining provisions.

   2. If we fail to insist that you perform any of your obligations under this End User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. The rights and remedies provided under this End User Agreement are in addition to, and not exclusive of, any rights or remedies provided by applicable law.

   3. This End User Agreement is governed by Irish law.  Any dispute will be subject to the jurisdiction of the Irish courts provided that nothing in this End User Agreement shall operate to prevent Marteye from seeking interim, protective or provisional relief in the courts of any state.

3. contact us

If you have any questions about this End User Agreement, please contact us by email at hello@marteye.ie

1. Additional terms

   1. By using the Marteye Platform through the following app channel provides, you agree to the following additional terms, where applicable:

App Store: https://www.apple.com/ie/legal/internet-services/itunes/ie/terms.html (or other terms applicable to your jurisdiction please consult the relevant Apple App Store pages for more information)

Google Play: https://play.google.com/intl/en-US_ie/about/play-terms/index.html (or other terms applicable in your jurisdiction please consult the relevant Google pages for more information).

 

Last updated 29th March 2023

 

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