BY USING THIS WEB SITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE PRIVACY POLICY AND ALL OTHER POLICIES POSTED ON THE WEB SITE.
Welcome to Osclass Market!
1. Hi, we’re Osclass Market and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say "us", "we", "our" or "Osclass Market" it’s because that’s who we are and we own and run the Osclass Market site (the "Service").
2. Market’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an Osclass Market account that will allow you to buy and sell items like the ones found on the Osclass Market site and make other related transactions.
3. The Osclass Market site is platform that allow members to buy and sell licenses to use digital items like osclass themes, plugins and much, much more. On Osclass Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Osclass Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Osclass Market (as a buyer) and by buyers via Osclass Market to you (as an author).
4. The items on Osclass Market are owned by the authors, not by us. The items on Osclass Market are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
5. Osclass Market is owner of "Osclass.Market" (special label on the item page) products only and provides support for these products only, however each developer is required to provide appropriate support to customers. Ignorance in providing support will lead to termination of contract with such seller and it's items.
6. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Osclass Market site is conditional on your acceptance to be bound by these whether you become a member or not.
7. Browsing: You need to be 16 years or over to browse the Osclass Market site. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Osclass Market site whether or not you’re a member.
8. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
9. Market Account: Membership is free. When you become a member you get an Osclass Market account that is accessible to our services. Your membership will allow you to ‘buy’ (license) items from authors and generally contribute to our ecosystem of Osclass Market site that help people get creative. Membership also gives you the opportunity to become an author (see section - Becoming an Author).
10. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Osclass Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Osclass Market site including any activity that occurs in conjunction with your username and password, if you have an Osclass Market account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
11. What you're buying:
License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Osclass Market. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an Osclass Market member).
Buyer Services: In addition to the use of the platform, when you "buy" an item you also receive buyer services from Osclass Market like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
12. If you have an Osclas Market account, you can make payments by using the "Buy Now" function.
13. When using "Buy Now" you will be redirected to a payment method provider.
14. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Osclass Market. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
15. Terms of buying: When you buy an Osclass Market item you’re doing so on the following terms:
16. Warranties we make:
17. Warranties authors make: The author of an item you buy warrants to you that:
18. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
19. Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by the author in section 17 (Warranties authors make) has been breached, or a refund is required under the Osclass Market Refund Rules or other relevant consumer protection laws. If you would like to request a refund contact us via contact form.
20. We will assess refund requests on their merits, considering the digital nature of Osclass Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:
21. If the author or we decide to issue a refund this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 14 - Currency conversion costs about currency conversion back to your local currency).
22. Disputes lodged with payment agents: If, as a buyer via your Osclass Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Osclass Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Osclass Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
23. Service allows developers to sell themes and plugins. Any developer needs to agree to the following terms before he or she can become an author.
24. Becoming an author on Service is free. In order to be eligible to sell products, developers must be registered on Service.
25. Becoming an author and putting your products up on the Services is free but there is a review process before their products go live. By registering to Service, authors agree to put their products on Service and make them available to buyers on the basis stated in the Service Terms. Author Grants us the right to sell his products on Service . As authors on the Service, developers have responsibilities to us and buyers of their products.
26. Authors are compelled to provide customer assistance (Warranties authors make) to any user who has purchased their product(s) on Service. Service aim is to provide a solid and reliable platform of transactions and dialogue both for users and developers. We do not encourage sales neither technical support outside Service, where we cannot guarantee the rights of buyers and sellers. For this reason, authors are not allowed to add links to personal or third-party websites or marketplaces. Service shall not be liable for any complaint or dispute resulting from a purchase made on third-party websites.
27. Price and commissions. The sale price of all products available on our website include an Service fee of 30% of the sale value. Any author registered on Service must take this commission into account when setting the price for their products. Also, bear in mind that your product final price must include your corresponding country taxes.
28. Payments of earnings. Payments to sellers are made monthly. Service will only send them their earnings provided that, by the end of each month, they have reached a minimum amount of $50. The payments will be sent only once per month, approximately by the 25th of each month. Such payments will correspond to the total amount of earnings generated since they reached the minimum amount of sales. We are currently using PayPal as the default payment method. We believe it is the best platform to avoid the expensive cost of international money transfers fees. In the event that you don't reach the minimum of $50 in sales, Service will pay you off the total amount 12 months after your first sale. Note that Service commission will also be deducted from this amount.
29. What we own: We own all the Osclass Market content that we have put on Osclass Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Osclass Market site, and copyright, trademarks, designs and other intellectual property on Osclass Market. We own all the trademarks, logos, service marks and trade names on Osclass Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Osclass Market Content or use any of our intellectual property in any way not expressly stated in these terms.
30. What we don’t own: We do not own the items on Osclass Market (except for those that sell with a mark "Osclass.Market"); our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Osclass Market do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 17 - Warranties authors make.)
31. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same.
32. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
33. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy
34. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Osclass Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Osclass Market to any other person.
35. Prohibited Conduct: We strongly recommend that you don't make your contact details public on the Osclass Market. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, you do so at your risk!
36. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else's rights, or if we think that your use of the Osclass Market and any content might result in liability to us or anyone else.
37. Community participation: We take great pride in our global and thriving community - it's part of what makes the Osclass Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.
38. Linking to the Osclass Market: We’d be delighted if you decide to link to Osclass Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Osclass Market. That includes no "in-line" linking methods resulting in images hosted on Osclass Market being displayed on other sites. You must not "frame" any Osclass Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Osclass Market be discontinued, and to revoke your ability to link to the Osclass Market.
39. Links from the Osclass Market: The Osclass Market sites may contain links to other non-Osclass Market sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
40. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Osclass Market. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
41. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Osclass Market complies with these terms and our policies. We can suspend or terminate your Osclass Market account at any time for any reason (acting reasonably of course), including if you:
If we do decide to permanently terminate your Osclass Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.
42. We provide the Osclass Market site and the platform services, not the items on the Osclass Market site (except for those that sell with a mark "Osclass.Market").
43. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Osclass Market and any content you post to Osclass Market (including, if you are an author, your items).
44. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
45. Our liability to you in connection with Osclass Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
46. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
47. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author's earnings from the payment for that item, except to the extent that the author's liability arises from wilful misrepresentations made about the item.
48. Availability: We strive to have Osclass Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Osclass Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Osclass Market works. The Osclass Market will not be liable to you for any loss you suffer as a result of these things.
49. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
50. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ("non-excludable consumer guarantees"). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author's liability for breach of a non-excludable consumer guarantee is limited, at our or the author's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
51. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Osclass Market accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Osclass Market account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Osclass Market using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice, including without limitation and against all of your Osclass Market accounts you use. If required by law we may forfeit existing deposits or earnings.
52. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting "Buy Now" payments, the authors' providing warranties to buyers in section 17 - Warranties authors make, to limit author's liability to buyers in section 47, and the disclaimer of author's liability to buyers in section 50 - Consumer laws.
53. Notices: Any notice you send us must be submitted via a contact form request. Any notice we send to you will be emailed to your Osclass Market account email address.
54. Changes to Osclass Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Osclass Market site after the changes are made, then you will be agreeing to the changes.
55. Interpretation: Words like "include" and "including" are not words of limitation and where anything is within our discretion we mean our sole discretion.
56. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
57. Service its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Effective date: September 04, 2019