1. Application of the Terms of Use and description of the service

1.1. The use of the Maketrade online service (the “Service”) provided and maintained by Maketrade Oy (the “Service Provider”) is subject to these Terms of Use (the “Terms of Use”). By using the Service, you (the “User”) agree to be bound by these Terms.

1.2. Registration is required to use some parts of the Service. Users are registered to their personal account (the “Maketrade Account” or “User Account”). Users must be over the age of 18 to use the Service.

1.3. The Service operates as an online service where users registered with the Service can engage in direct transactions with other users for sale of goods or services by other Users (“Transaction”). Users of the Service are allowed to negotiate trade terms, including price and delivery method, directly with other users. Transactions on the Service are made between Users on terms and conditions agreed separately by the Users, and the Service Provider is not a party to the transaction in any respect and is not responsible for any disputes or issues that may arise between users during transactions.

1.4. The use of the Service is partly free of charge. However, the Service includes additional services for which a fee is charged (hereinafter “Paid Service”). In addition, the Service Provider may charge a commission on the price of the Transaction (“Service fee”). The chargeability of the Service and the brokerage fee will be indicated separately on the Service.

1.5. In addition to what is stated in these Terms of Use, the User undertakes to comply with any instructions issued separately by the Service Provider or arising in connection with the use of the Service that the Service Provider or its contractual partner may issue. The current Terms of Use are available on the Internet in connection with the Service.

2. Right of use and user data

2.1. You are granted the right to use the Service in accordance with these Terms of Use and other rules and guidelines applicable to the Service. When registering, the User shall provide the required registration information (the “User Information”), which will allow the User to be identified and register user ID (“User ID”) for use of the Service. It is a criminal offence to provide false User Data. Providing false information may result in the termination of the user's account or legal action.

2.2. The User is granted limited access to the Services in accordance with this Agreement. You may not reproduce, publicly display, transmit, retransmit or use the Service or any portion of the Content received by you through the Service except as permitted by these Terms of Use and the Copyright Act. When using the Service, the User agrees to keep the User Data up to date.

2.3. The Service Provider has the right not to grant access rights if not all User data has been provided or if the data has been provided incompletely or improperly or if the User otherwise does not meet the conditions for granting access rights.

2.4. The User is not entitled to use automated systems (including “robot”, “spider”, “scraper” and “offline reader” software) to make copies of the Service, parts of the Service or the content of the Service, or to make them available to the public, without the prior express written consent of the Service Provider.

2.5. The User registering for the Service must be a legally competent person. A legal entity may also register as a User of the Service. The legal entity must have the capacity to decide and commit itself to the actions to be performed in the Service. One person may have only one ID.

2.6. The Service Provider processes the personal data of registered Users in accordance with the Service's Privacy Policy and Privacy Statement and in accordance with the privacy legislation. The User ID will remain visible in the communicative parts of the Service, such as the discussion board and feedback, even after the termination of the customer relationship.

2.7. User data is confidential by default. However, the Service Provider has the right to disclose certain User Data to another User of the Service in connection with a transaction in order to provide the seller of the Item with information about the buyer and, in turn, the buyer with information about the seller.

2.8. The User is responsible for the correct processing of the data transmitted in connection with the transaction. In particular, for personal data transmitted to business customers, the Business Customer is the data controller within the meaning of the Finnish Personal Data Act and the Service Provider is the processor of personal data within the meaning of the Personal Data Act. Both parties undertake to comply with the applicable data protection regulation, which includes, for example, the submission of processing notifications required from the processor and compliance with the relevant Finnish Personal Data Act and the European Union's General Data Protection Regulation (EU 2016/679) with regard to the obligations of the processor contained therein.

2.9. You will use the Service and Services only for lawful purposes and not for prohibited transactions and represent that you are competent to be bound by legal contracts.

3. User information and registration

3.1. To use the Service, you must register a User ID by providing the information requested on the Service (full name, email address, phone number and date of birth).

3.2. You consent to the use of this information to create your User ID in accordance with our Privacy Policy and acknowledge that we trust that the information you provide during the registration process is true, accurate, current and complete.

3.3. You agree to provide any information and documents we may need to verify your identity and/or bank account and to comply with our legal obligations to combat financial crime, including money laundering and fraud. We may use third party information services that specialise in verifying your identity. You also authorise us to retain your information, including your browsing and activity history, so that we can continuously monitor the Services and your behaviour while using the Service in order to comply with our legal and regulatory obligations.

3.4. If we are unable to obtain satisfactory information to verify your identity at the time of registration, we reserve the right to refuse to register your User ID and prevent you from using the Services. We may also be required to report such activity to the authorities and we do not require your consent to do so.

3.5. If you are given a Username and Password to use the Service, it is your responsibility to keep your Username and Password secure. You agree to indemnify us for any loss or damage we suffer as a result of fraudulent use of your User Account, including the knowing sharing of your security information with a third party for fraudulent purposes.

3.6. We reserve the right to suspend your use of the Service if:

3.6.1. We have legitimate concerns about the security of your User Account;

3.6.2. We are unable to verify your identity or there is a potential risk of financial crime as part of our ongoing monitoring process;

3.6.3. We suspect that the Services are being used in a fraudulent or unauthorised manner;

or 3.6.4. We need to address technical issues or make minor technical changes.

3.7. We will not be liable for any delay to the Services if we need to make an urgent change or deal with an emergency that may affect the security of our Service, although we will always comply with our legal obligations to complete a transaction.‘ ’

4. Changing the terms of use

4.1. The Service Provider has the right to unilaterally change these Terms of Use by notifying the User by e-mail or through the Service. The changes shall take effect fourteen (14) days after the notification. The User accepts the changes made to the Terms of Use by using the Service.

4.2. After being informed of the changes, the User may terminate the entire agreement by e-mail or through the Service, to expire before the change takes effect.

5. Duration and termination of the contract

5.1. The agreement between the User and the Service Provider shall enter into force upon the User’s acceptance of these Terms of Use and upon the Service Provider’s granting the User access to the Service.

5.2. Both parties may terminate the Agreement without notice by e-mail or via the Service without giving any reason for such termination.

5.3. Upon termination of the Agreement, the Service Provider shall close the User’s User Account and delete any material stored by the User on the Service.

5.4. The parties are released from their obligations under the contract for the period and to the extent that the non-performance of the contractual obligations is due to force majeure. The grounds for release shall be deemed to be an unusual and relevant event which prevents performance of the contract and which occurs after the conclusion of the contract, which is beyond the control of the parties and the effects of which cannot reasonably be avoided or overcome. Such an event is, for example, war, rebellion, compulsory acquisition or seizure for public necessity, interruption of energy supply, lockout, fire, thunderstorm or other natural phenomenon or any other cause having similar effects and unusual and independent of the User or the Service Provider.

6. Transfer of contract

6.1. The Service Provider has the right to transfer the contract to a third party, if the transfer is related to the sale of the Service or part of it, or to a change in the provider or intermediary of the Service.

6.2. The User has no right to transfer the contract. In particular, the User acknowledges that the Right of Use is personal and may not be transferred to a third party.

7. Transactions and payments

7.1. Either party can start a transaction. The person receiving the payment is called the Seller, and the person making the payment is called the Buyer. To start a transaction, you need to log into your Maketrade Account. If you don’t have an account, you’ll need to register for one.

7.2. Once you’re logged into your Maketrade Account and have confirmed the transaction details (such as the price and other specifics), a new transaction will be generated. To invite the other party, a unique link will be created, which you can send to them. They will need to log into their Maketrade Account or create one if they don’t have it.

7.3. After verifying all the details and confirming that everything is correct, the Buyer transfers the funds, including the service fee, to Maketrade’s hold. Once the Buyer has authorised the payment, it cannot be revoked, and the funds will remain with Maketrade until the transaction is completed. Both parties can track the progress of the transaction by accessing the “Transactions” section.

7.4. When the agreed item or service is received by the Buyer and they are satisfied, they should not raise any complaints within 48 hours. After this time, the funds will be released from Maketrade to the Seller. No interest will accumulate on the funds while they are held by Maketrade. It is recommended (though not mandatory) for the Seller to keep records of the transaction, such as delivery proof, or service completion evidence, in case of any disputes. The funds will be held by Maketrade on behalf of the Buyer until the transaction is completed.

7.5. Maketrade reserves the right to determine whether a transaction is complete or still in progress as necessary. Once a transaction is considered complete, the payment is executed, and the funds remain with Maketrade on behalf of the Seller. The funds will be transferred to the Seller’s Account, but there may be delays depending on the need for anti-money laundering, counter-terrorist financing, or anti-fraud checks. You can check the transaction status to get an estimated completion time. We will notify you of any delays and cannot be held responsible for delays caused by third-party service providers involved in the fund transfer. We also have the right to perform customer due diligence checks on the Seller and/or the Buyer at any time. If the checks are not passed, the funds will not be transferred until all the necessary checks are successfully completed according to applicable law. In certain cases, the funds may be transferred to a third party, such as a governmental asset recovery agency, depending on the check results.

7.6. Our payment solutions for transactions are provided by Mangopay, S.A., a limited liability company incorporated under Luxembourg law whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and which is registered with the Luxembourg Commerce and Companies Registry under number B173459 (“Mangopay”). Mangopay is an e-money institution authorized and regulated by the Luxembourg financial sector supervisory body (Commission de Surveillance du Secteur Financier).

7.7. Mangopay processes payments made within the Service and stores information relating to credit cards, debit cards, PayPal and any other payment method supported on the Service Provider for these types of transactions. The Service Provider does not provide electronic payment services nor does it intermediate in their provision. By accessing and making any payment transaction on the Service Provider using the integrated payment services of Mangopay, the User confirms that he/she has carefully read, understood and accepted the Mangopay terms and conditions of use and other legal texts of Mangopay, as well as those of the Service Provider. Any claim or dispute that may arise in relation to the payment services provided by Mangopay should be handled through our customer service.

8. Disputes

8.1. The Service and these Terms of Use shall be governed by Finnish law, excluding its conflict of law provisions.

8.2. Any disputes between the Service Provider and the User shall be settled by negotiation between the parties. If the parties cannot reach an agreement, the dispute shall be settled by the District Court of Helsinki. However, if the dispute concerns both a matter within the jurisdiction of the Market Court (e.g. infringement of intellectual property rights) and a matter related to these Terms of Use, the dispute shall be settled by the Market Court. The customer may also bring an action before the lower court of the place in which the customer is domiciled. The consumer may also bring the dispute before the Consumer Disputes Board. For more information, see www.kuluttajariita.fi.

8.3. Only the buyer (“Buyer”) may initiate a dispute (“Dispute”) about the transaction if:

8.3.1. The funds remain with the Service;

8.3.2. The Buyer believes that the Seller has not complied with its obligations in relation to the Transaction.

8.3.2. The Buyer believes that the Seller has not complied with its obligations in relation to the Transaction.

8.3.3. To initiate a Dispute, the Buyer must file a complaint on the Service. We will ask the Buyer to provide us with an explanation of the Dispute and any documents that may relate to the transaction (evidence), including any terms of business, quotations, images or videos relating to the transaction, evidence of recorded or couriered delivery and/or any correspondence or other documentation relating to the transaction. The Seller will be notified that a dispute has been initiated and this will be reflected on the status page of the transaction concerned. The date on which the Dispute is recorded is called the “dispute date”. The Buyer must then follow the Dispute process as announced in the forum. If the Dispute is not resolved after the grievance process has ended, the arbitration period will begin with the “Arbitration Start Date”.

8.3.4. The Service reserves the right to arbitrate and decide which party is responsible for the Dispute, and reserves the right to compensate anyone we believe was treated unfairly, less our fees.

8.3.5. In more complex cases, the parties agree to refer all disputes and disagreements to the district court.

9. Responsibilities and liability for cancelled payments

9.1. To the extent permitted by law, we will not be liable to you, except as set out in paragraph 6;

9.1.1. as a direct result of our fraud;

9.1.2. death or personal injury caused by our negligence (or any other act or omission caused by our negligence which cannot be excluded by law).

9.2. Subject to the remainder of this clause 6, we will not be liable for:

9.2.1. loss of profits, business, contracts, revenue or anticipated savings;

9.2.2. any special, indirect or consequential damages.

9.3. Except in cases where you have acted fraudulently and subject to the notice under this paragraph 9, you will not be liable for any loss caused by the unauthorised payment. We will assume that you have authorised all payments unless you tell us otherwise. If you believe that you have not authorised a particular payment or that a payment has been made in error, you must contact us for a refund as soon as possible and in any event no later than 13 months after the amount of the payment has been deducted from your account. We will immediately refund the amount of the unauthorised Transaction and any related charges payable in accordance with the Terms and Conditions, subject to the other provisions of this paragraph. If we are responsible for a Transaction made in error, we will refund without undue delay the amount of the Transaction and any related charges payable in accordance with the Payment Terms, subject to the remainder of this paragraph 8. If a refund request is received on a non-Business Day or after 4.30 p.m. on a Business Day, we will make the refund at the beginning of the next Business Day. We may require you to complete a dispute declaration form. We may carry out an investigation either before or after the refund is paid. We will notify you as soon as possible of the outcome of such an investigation. If you are a consumer or micro-business, we will only carry out the investigation after we have paid you the refund, unless we have prima facie evidence that we should not carry out the refund.

9.4. Cancelled payments

9.4.1. If you are the Seller, you are responsible for all claims, costs, fines and liabilities incurred by us arising from:

9.4.2. any recovery, refund, overpayment, payment error or other incorrect payment caused by you (collectively “incorrect payment”);

9.4.3. any error, negligence, misconduct or fraud by you, your employees or anyone acting on your behalf;

9.4.4. any loss resulting from your failure to comply with the terms of this Agreement.

9.4.5. In the case of a cancelled payment or other liability, we may deduct from the Funds any amounts payable to us under these Terms and Conditions before refund.

10. User payment details

10.1. Users’ payment details must always be up to date if they intend to trade on our Service as a seller.

10.2. If your payment details are not up to date, funds may not be released to your bank account or debit card. If the payment details are not provided within 90 days of the completion of the transaction, we may have to remove the balance from your account as required by the regulatory authorities and you will not be able to withdraw these funds.

11. Announcements and communication

11.1. You may contact the Service through the contact pages on the Service. Alternatively, you may contact the Service by email at info@maketrade.app. The Service will contact you using your email address, telephone number or residential address. All communications relating to the Service will be in Finnish or English. Notices regarding changes to these Terms or termination of these Terms will be given in writing, including by sending you an email or PDF document. The language of the Terms is Finnish or English, and any translation provided is for informational purposes only.

12. Complaints

12.1. If you are not satisfied with the Services, please let us know first by contacting us at info@maketrade.app so that we can try to resolve the problem. We will promptly send you confirmation of your complaint and a copy of our complaints procedure. You can also request a copy of our complaints procedure at any time. Details of our complaints procedure can also be found in the FAQ section of the Service. You agree to cooperate with us and provide us with the information we need to investigate and resolve your complaint as quickly as possible. We will investigate all complaints fairly and aim to resolve complaints as quickly as possible in accordance with our regulatory obligations. You may receive a summary resolution from us if we are able to provide an agreed resolution within 3 working days of the complaint being made, or in all other cases you will receive our final response within 8 weeks of receiving the complaint.

13. Cookies

13.1. The Service uses cookies as described in the Privacy Policy. See our cookie policy and privacy statement here.

14. Overwhelming obstacle

14.1. We shall not be liable for any breach of the Terms if the breach is caused by abnormal and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided despite all efforts to the contrary, nor shall we be liable if the breach is caused by our legal obligations.