Terms and Conditions
Last update: March 2023
(b) These Terms apply to your access to and use of all or part of any website or mobile application of Merkado Services, LLC or its subsidiaries or affiliated companies (collectively, “Merkado”), including oky.app, login.oky.app, my.oky.app, merkado.group and/or any other site, mobile version of this website, mobile application or online service that is linked to these Terms. In these Terms we refer to all of them, collectively, as the “Site”. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Merkado for products, services or otherwise.
(c) The User should not assume that the information about Merkado on the Site contains all relevant information available to Merkado. Merkado may, in its sole discretion, modify, revise or update these Terms at any time without prior notice to the User. The User agrees that Merkado may provide notices, disclosures and changes to these Terms by electronic means, by modifying these Terms or by posting revisions on the Site. If the User continues to use the Site after such modifications, revisions or updates are posted, the User agrees to be bound by such modifications, revisions or updates. The effective date of such modifications, revisions or changes shall be the date indicated in these Terms. Nothing in these Terms shall be deemed to confer any rights or benefits on any third party.
(d) To participate in certain areas of the Site, User must register for an account. You agree to (i) create an account, (ii) provide accurate, truthful, current and complete information when creating your account, (iii) maintain and promptly update your account information, (iv) maintain the security of your account by not sharing your password with others and by restricting access to your account and your computer, (v) immediately notify Merkado if you discover or suspect in any way any breach of security related to the Site; and (vi) assume responsibility for all activities that occur under your account and accept all risks of unauthorized access.
(e) If the User signs up for a Merkado account on the Site, the User is, by default, opted in to receive promotional content and promotional communications from Merkado via email and other electronic means of communication, including, but not limited to, short message services (SMS), push notifications and in-app messages (the “Promotional Electronic Communications”). The User may, at the time of registration, opt-out of receiving Electronic Promotional Communications. Thereafter, the User may opt-out of receiving them by (1) adjusting the User’s profile settings in the User’s account through my.oky.app, (2) replying to any of the following keywords “stop”, “unsubscribe”, “cancel”, “end”, or “quit” (“STOP”) to the phone number from which the User is receiving the Promotional Electronic Communications. Either of these two opt-out actions will place the user’s account on Merkado’s block list and prevent the user from receiving further electronic communications.promotional messages. Please note that the STOP keyword response only applies to promotional electronic communications sent from the number that sent the message to the User. If the User has more than one Merkado account, the User must perform one of the above opt-out actions with respect to each account. Merkado will automatically stop sending Promotional Electronic Communications to Users with Merkado accounts that have no activity for a period of 365 continuous days since their last activity (“Automatic Deactivation”), unless the User deactivates the Automatic Deactivation feature in their account profile settings. Once an account is automatically deactivated, the User may resume receiving messages by sending a message with the keyword “start”, “continue”, “activate”, “deactivate” to the same phone number to which the User sent the keywords to deactivate communications. Please note that if you opt out of receiving promotional electronic communications, we may still send you electronic communications regarding factual, transactional and/or service information in connection with your user account or the products or services we offer. If you have any questions about our use of your personal information, please contact us at +13057495530 or firstname.lastname@example.org.
The Site is not directed to or intended for use by children under the age of 18. Users under the age of 18 may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Copyright, Trademarks and License of Use
(a) Merkado and its licensors reserve all right, title and interest in and to any content on the Site and all intellectual property rights therein. The Site and all content and other materials on the Site, including, without limitation, the OKY logo and all designs, text, graphics, images, logos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the property of Merkado or its licensors. No right or license to the Site Materials is granted under these Terms.
(b) The Site Materials and other trademarks, service marks, brands and logos used in connection with the Site are trademarks or registered trademarks of their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Merkado or the applicable trademark owner. All rights not expressly granted are reserved. The User may not copy or remove any of the trademarks or logos included in the Site Materials accessed or used from the Site.
(c) You may use the Site and its content solely for your personal use. Nothing in these Terms shall be construed as conferring in any way, by implication or otherwise, any title or ownership, or exclusive use rights, to any trademark or intellectual property or other right and any goodwill associated therewith. Any use of the Site other than for personal use is prohibited, including, without limitation, resale, transfer, modification or distribution of the Site or the text, images, music, bar codes, video, data, hyperlinks, displays and other content associated with the Site. Unless Merkado gives its prior written consent, the User may not make any commercial use of the Site or its content, nor distribute, store, publish, copy, reproduce or publicly display any of the content or materials on the Site.
4. Disclaimer of Liability
(a) The Site, its content and any other materials on the Site are provided “as is” and “with all faults”. You use the Site at your own risk. Merkado makes no warranties or conditions, express, implied or statutory, as to the accuracy, completeness, non-infringement, security of information, availability or usefulness of the Site, its content or other materials.
(b) To the fullest extent permitted by applicable law, Merkado and its suppliers specifically disclaim any and all terms, warranties, representations and conditions of any kind, whether express or implied, statutory or otherwise, that the Site is merchantable, reliable, available, accurate, suitable for a particular purpose or need, non-infringing, free of defects or viruses, capable of uninterrupted operation, that User’s use of the Site will be in accordance with the laws applicable to the Site, or that User’s information transmitted in connection with the Site will be transmitted or received successfully, accurately or securely.
(c) The content and information on the Site may not be current at any given time and/or may include technical inaccuracies or typographical errors.
(d) You are responsible for the use of your User account and Merkado expressly disclaims any liability arising from unauthorized use of your User account. In the event that you suspect that any unauthorized party may be using your User account, or suspect any other breach of security, you agree to notify Merkado immediately.
(e) Merkado reserves the right, but has no obligation, to monitor materials posted on the Site by third parties and to remove any material that, in Merkado’s sole discretion, violates, or is alleged to violate, the law or this Agreement or that may be offensive or illegal.
5. No liability
Subject to applicable law, in no event shall Merkado, its partners, officers, directors, employees, shareholders or agents (A) be liable to the User for any loss or damage arising from access to or use of the Site, the content or Site Materials contained on or accessed through the Site (including, without limitation, any damage caused by or resulting from a User’s reliance on any information obtained from Merkado), or any damage resulting from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Merkado’s records, programs or services, and (B) be liable to User for any damages, whether direct, indirect, special, incidental, consequential, punitive, exemplary or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, including, without limitation, damages or loss of goodwill, loss of profits, loss, theft or corruption of User’s information, or inability to use the Site or any of its features. User’s sole remedy is to discontinue using the Site.
To the fullest extent permitted by applicable law, you hereby waive any and all such claims against Merkado, its partners, officers, directors, employees, shareholders or agents. You agree that the limitations set forth above are fundamental elements of this agreement and that the Site, and the Site Materials would not be provided to you in the absence of such limitations.
6. Third Party Content, Sites and Materials
Merkado may provide third party content on the Site (including embedded content) or links to third party websites, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”). Merkado does not control, endorse, or adopt any Third Party Content, and any statements or opinions expressed in Third Party Content, or any other content not provided by Merkado, are solely the opinions and responsibility of the third party. Merkado does not warrant and is not responsible or liable for any inaccuracies or incompleteness of such Third Party Content. You acknowledge and agree that Merkado is in no way responsible for any Third Party Content and assumes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content at your own risk.
When you visit other sites through Third Party Content or participate in promotions or business dealings with third parties, you understand that these Terms no longer apply, and that the terms and policies of those third party sites will apply. You should review the terms of service and privacy policies governing Third Party Content, including data collection practices and services before using any site you navigate to from the Site. Merkado is not responsible for such third parties’ use of information collected by you.
7. Acceptable use
Your use of the Site, any content and any information provided by you, including user names and passwords, addresses, e-mail addresses, telephone number, financial information (such as credit card numbers), (“User Information”) transmitted in connection with the Site is limited to the contemplated functionality of the Site. In no event may you use the Site in any manner that (a) harasses, abuses, stalks, threatens, defames or otherwise violates the rights of any other party (including, without limitation, rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) provides sensitive personal information, unless specifically requested by Merkado; (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Merkado or the contents that are not authorized by Mekrado; (f) uses or implements any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” to access Merkado or the contents of the Site;(g) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; (h) attempts to gain unauthorized access to Merkado’s computer network or Users’ accounts; (i) encourages conduct that constitutes a criminal offense or gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair the Site or Merkado’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) breaches applicable third party terms and conditions (collectively, “Acceptable Use”). Merkado reserves the right, in its sole discretion, to terminate any user license, terminate any user’s access to the Sites, remove content or take legal action with respect to content or use of the Site that Merkado reasonably believes is or may (i) involve any fraudulent or illegal use or activities, or (ii) violate these Terms, or Merkado’s policies. Merkado’s failure or delay in taking such action does not constitute a waiver of its rights to enforce these Terms.
8. Suspension of Access
If Merkado believes that a User of these Terms, including giving any third party access to the Site in violation of these Terms, Merkado reserves the right at any time, without notice and in its sole discretion, to suspend or terminate such User’s access to or use of the Site or its contents and materials.
The User agrees to defend, indemnify and hold harmless Merkado, its parent, partners, subsidiaries and other affiliated companies, suppliers, retailers, independent contractors, service providers and consultants, and their respective employees, contractors, consultants, agents, officers and directors, from and against any claims, demands, damages, costs, demands, fines, penalties, sanctions, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or related to (i) User’s use, access to or misuse of the Site, (ii) violation of these Terms, or (iii) violation of any third party rights, including, without limitation, any copyright, proprietary or privacy rights. This defense and indemnification obligation shall survive these Terms.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law principles that would cause the laws of another jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods and the United States Uniform Computer Transactions Act are expressly excluded and shall not apply. Merkado is not responsible for access to or use of the Site or its content and other materials outside of the jurisdictions in which Merkado operates. If the User uses or accesses the Site, its content or other materials outside such jurisdictions, the User does so at the User’s own risk and is responsible for compliance with the laws and regulations of such jurisdiction and these Terms. The courts of Miami-Dade County, State of Florida, and/or the United States District Court for the Southern District of Florida shall have exclusive jurisdiction and venue over any claim that the User may bring in connection with these Terms or use of the Site. User unconditionally and irrevocably agrees to submit to the exclusive jurisdiction and venue of such courts and shall not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
11. Suspension or discontinuance of the Site
Merkado reserves the right to modify or discontinue, temporarily or permanently, the Site or any feature or part thereof without notice. The User agrees that Merkado shall not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Notwithstanding any of these Terms, Merkado reserves the right, without notice and in its sole discretion, to terminate the User’s use of the Site and to block or prevent the User from future access to and use of the Site. Merkado’s failure to take such action or delay in taking such action does not constitute a waiver of its rights to enforce these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between the User and Merkado governing the User’s access to and use of the Site, and supersede any prior agreements between Merkado and the User relating to the Site or its content. The User may not transfer or assign any of its rights under these Terms.
15. Conditions of use and redemption of vouchers
Any questions, comments, complaints or claims regarding these Terms or the Site should be directed to:
Merkado Services LLC
1110 Brickell Ave. Suite 603
Miami, FL 33131
Phone: +1 (305) 749-5530