Last Revised: March 2021
(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, mi.oky.app, merkado.group and/or any other site, mobile version of this website, mobile application or online service that link to these Terms. We refer to all of these, collectively, as the “Site” in these Terms. 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) You should not assume that the information about Merkado on the Site contains all the relevant information available to Merkado. Merkado may, at its sole discretion, modify, revise or update these Terms at any time without providing advance notice to the User. The User agrees that Merkado may provide notices, disclosures and changes to these Terms by electronic means, by changing these Terms or by posting revisions on the Site. If you continue using the Site after such modifications, revisions or updates are published, you agree to be bound by such modifications, revisions or updates. The effective date of any such modifications, revisions or changes will be the date shown in these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
(d) In order to participate in certain areas of the Site, the User will need to register for an account. You agree to (i) create one 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 restricting access to your account and your computer, (v) immediately notify Merkado if you discover or otherwise suspect any security breaches relating to the Site; and (vi) take responsibility of 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 communications, including, but not limited to, short message services (SMS), push notifications and in-app messages (the “Promotional E-Communications”). The User may, at the time of sign up, opt out of receiving Promotional E-Communications. Thereafter, the User may opt out by (1) adjusting the User’s profile settings in the User’s account via mi.oky.app, (2) by replying any of the following keywords “stop”, “unsubscribe”, “cancel”, “end”, or “quit” (“STOP”) to the phone number they are receiving the Promotional E-Communications from. Either of these two opt out actions will include the User’s account in Merkado’s block list and will prevent the User from receiving any further Promotional E-Communications. Please note that the STOP keyword reply only applies to Promotional E-Communications sent from the number that messaged the User. If the User has more than one Merkado accounts, the User will need to take one of the aforementioned opt out actions with respect to each account. Merkado will automatically stop sending Promotional E-Communications to Users with Merkado accounts that have zero activity for a period of 365 continuous days from their last activity (“Automatic Disabling”), unless the User deactivates the Automatic Disabling function in his or her account profile settings. Once an account is automatically disabled, the User may resume receiving messages by messaging the keyword “start”, “continue”, “activate”, “unstop” to the same phone number the User sent the keywords to disable communications. Please note that if you opt out of Promotional E-Communications we may still be required to send you electronic communications regarding factual, transactional and/or servicing information in connection with your User account or the products or services that we are providing. If you have any questions regarding your use of personal information, please contact us at +13057495530 or email@example.com
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. Users below such age may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Copyright, Trademarks, and User License
(a) Merkado and its licensors reserve all of its rights, title and interests in and to any content on the Site and any and all intellectual property rights therein. The Site and all content and other materials therein, including, without limitation, the OKY logo and all designs, text, graphics, pictures, logos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are 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, services, marks 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 holder. All rights not expressly granted are reserved. The User may not copy or remove any of the trademarks or logos included in any Site Materials that it access or uses from the Site.
(c) The User may use the Site and their content for their personal use only. Nothing in these Terms shall be construed as conferring in any manner, whether by implication or otherwise, any title or ownership of, or exclusive use-rights to, any trademark or intellectual property or other right and any goodwill associated therewith. Any use of the Site in any manner, other than for personal use, including, without limitation, resale, transfer, modification or distribution of the Site or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Site is prohibited. Unless prior written consent is provided by Merkado, the User may not make any commercial use of the Site or their content, or to distribute, store, publish, copy, reproduce, or publicly display any of the content or Site Materials in the Site.
(a) The Site, its content and any other materials in the Site is provided on an “as is” and “with all faults” basis. The User is using the Site as his or her own risk. Merkado does not provide any guaranty, warranty or condition, express, implied or statutory, of its accuracy, completeness, non-infringement, information security, availability, or usefulness of the Site, its content, or other materials.
(b) To the fullest extent permitted under applicable law, Merkado and its suppliers specifically disclaims any and all terms, warranties, guarantees, representations, and conditions of any kind, whether expressed or implied, statutory or otherwise, that the Site are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringement, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the Site by the User is in compliance with laws applicable to the User, or that the User information transmitted in connection with the Site will be successfully, accurately, or securely transmitted or received.
(c) The content and information on the Site may be out of date 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 the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security, you agree to notify Merkado immediately.
(e) Merkado reserves the right, but has no obligation, to monitor the materials posted on the Site by third parties and remove any such material that in Merkado’s sole discretion violates, or is alleged to violate, the law or this agreement or which might 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 injury from the access to or use of the Site, the content or the Site Materials contained in or accessed through the Site (including without limitation any damages caused by or resulting from reliance by a User of any information obtained from Merkado), or any damages that result from mistakes, omissions, interruptions, deletion of files or emails, 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 the 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, lost profits, loss, theft or corruption of user information, or the inability to use the Site or any of their features. The User’s sole remedy is to cease use of the Site.
To the maximum 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 absent 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 web pages, 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 all statements or opinions expressed in the Third-Party Content, or any other content not provided by Merkado, are solely the opinions and the responsibility of the third party. Merkado does not guarantee and is not responsible for any inaccuracies or incompleteness in any such Third-Party Content. You acknowledge and agree that Merkado is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.
When you visit other sites via the Third-Party Content or participate in promotions or business dealings with third parties, you understand that these Terms no longer govern, and that the terms and policies of those third-party sites will apply. You should review the terms of service and privacy policies governing the Third-Party Content, including data gathering practices and services before using any site to which you navigate from the Site. Merkado is not responsible for how such third parties use information collected from you.
7. Acceptable Use
User’s use of the Site, any content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone 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 the Site be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to 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 content that is not authorized by Merkado; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Merkado or the Site’s content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Merkado’s computer network or User accounts; (i) encourages conduct that would constitute a criminal offense or that 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) fails to comply with applicable third party terms (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 assert legal action with respect to content or use of the Site, that Merkado reasonably believes is or might (i) involve any type of fraudulent or illegal use or activities, or (ii) be in violation of these Terms, or Merkado’s policies. Merkado’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
8. Access suspension
If Merkado believes that the User of these Terms, including giving any third-party access to the Site, is in violation of these Terms, Merkado reserves the right to at any time without prior notice and in its sole discretion, suspend or end such User’s access or use to the Site or its contents and materials.
The User agrees to defend, indemnify, and hold harmless Merkado, its parent company, 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 any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable attorney’s fees and costs) that arise from or relate to (i) the User’s use, access or misuse of the Site, (ii) violation of these Terms, or (iii) violation of any third party right, including without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms.
10. Governing law
These Terms are governed by and construed by the laws of the State of Florida without applying any choice or conflict of law principles that would cause laws of another jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act in the United States are expressly excluded and shall have no applicability. Merkado makes no claims regarding access or use of the Site or its content and other materials outside of the jurisdictions where Merkado operates. If the User uses or access the Site, its content or other materials outside such jurisdictions, the User does so at his or her own risk and is responsible for compliance with the laws and regulations of such jurisdiction as well as these Terms. The courts of Miami-Dade County in the 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 the User may have arising out of or relating to these Terms or the use of the Site. The User agrees to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and will 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 features or portions thereof without prior notice. The User agrees that Merkado will 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 him or her or prevent future access to and use of the Site. Merkado’s failure or delay in taking such actions 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 are the full agreement between the User and Merkado governing the User’s access and use of the Site and replaces any prior agreements between Merkado and the User regarding the Site or its content. The User may not transfer or assign any of his or her rights under these Terms.
Any questions, comments, complaints, or claims regarding these Terms or the Site should be directed to:
Merkado Services LLC
Customer Care (email: firstname.lastname@example.org)
1110 Brickell Ave. Suite 603
Miami, FL 33131
Phone: +1 (305) 749 5530