Terms of Service

1 Introduction

e-Merkato (“the platform”, “we”, “us”) is an online marketplace that lets people buy and sell items directly from one another, with payments held in escrow until the buyer confirms receipt. These Terms of Service (“Terms”) form an agreement between you and e-Merkato. If you do not agree, please do not use the platform.

We facilitate transactions between users. We are not the buyer or the seller in any trade, and we do not own, inspect, or take possession of the items listed.

2 Who can use e-Merkato

• You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract.
• You must provide accurate registration information and keep it up to date.
• One person or business, one account, unless we agree otherwise in writing.
• You may not use the platform if you are barred from doing so under applicable law or a prior suspension.

3 Your account

You are responsible for the activity under your account and for keeping your login credentials secure. Tell us promptly if you suspect unauthorised access. You can set your availability, manage notifications, and deactivate your account at any time from settings; deactivation hides your profile and listings while preserving order and review history for the other party.

4 How escrow works

When a buyer purchases an item, their payment — the item price plus the processing fee (see Fees & payouts) — is captured and held in escrow by our payment processor, Stripe; it is not paid to the seller yet. Card payments are handled entirely by Stripe: your card details are entered directly with Stripe and are never stored by e-Merkato. Funds are released to the seller when:

• the buyer confirms they received the item as described; or
• the buyer neither confirms nor opens a dispute before the end of the release window, in which case funds auto-release so sellers are not left waiting.

A commission is deducted from the seller’s payout when a sale completes (see Fees & payouts). While funds are held, the buyer may open a dispute (see Disputes).

5 Buying

• Pay for items only through the platform, so your payment is protected by escrow. Never pay a seller off-platform before an order is created.
• Inspect the item at handover or on delivery. If it matches the listing, confirm receipt promptly so the seller can be paid.
• If the item was not received or is not as described, do not confirm — open a dispute while funds are still held.
• Arrange delivery or a local handover responsibly and lawfully with the seller once contact details unlock.

6 Selling

• List only items you own or are authorised to sell, and that you can lawfully deliver.
• Describe items accurately, with honest photos and condition. Misleading listings may be removed.
• Complete onboarding so you can receive payouts, and respond to buyers in good time.
• Deliver the item as described once payment is in escrow. Do not ask buyers to pay outside the platform.

7 Pricing & offers

e-Merkato is a peer-to-peer market: sellers set their own prices, and buyers may send offers and counter-offers to negotiate. We do not set, control, or guarantee prices, and price information (including any “deal” indicators) is provided for convenience only. You are responsible for deciding what to buy or sell and at what price.

8 Fees & payouts

Listing items is free. When a sale completes, a commission is deducted from the seller’s payout: 8% of the sale price up to $1,000, and 3% on any amount above that, subject to a minimum of $1.00 per order. The seller receives the sale price minus this commission.

A processing fee of 3% of the price plus $0.30 is added to the buyer’s total at checkout to cover payment-processing costs. The buyer is shown the full total, including this fee, before paying. Payments made with an international card or requiring currency conversion may incur additional charges applied by Stripe.

Payouts are made to the seller’s connected Stripe account via Stripe Connect, and may be subject to Stripe’s own terms, verification, and timing. Sellers must complete Stripe onboarding before they can receive payouts. Featured (promoted) placement, where offered, may carry a separate charge disclosed at the time.

You are responsible for any taxes arising from your transactions. Fees may change; we will reflect current fees in the app before you transact.

9 Prohibited items & conduct

You agree not to list, buy, or do any of the following:

• Illegal, stolen, counterfeit, or recalled goods; weapons, drugs, or other restricted items where prohibited by law.
• Items you do not have the right to sell, or that infringe someone else’s rights.
• Fraud, misrepresentation, money laundering, or attempts to game escrow, fees, ratings, or disputes.
• Circumventing the platform — soliciting off-platform payment, sharing contact details to avoid escrow, or evading fees.
• Harassment, hate, threats, spam, or scraping and misuse of other users’ data.

We may remove listings and suspend accounts that violate these rules.

10 Disputes & refunds

While an order’s funds are held in escrow, a buyer who did not receive the item, or received an item not as described, may open a dispute. Our team reviews disputes and may request evidence from both parties. Based on the review we either refund the buyer or release the funds to the seller. We aim to be fair and consistent; dispute decisions are final as between the platform and users, and do not limit any rights you may have under applicable law.

Where a dispute is resolved in the buyer’s favour, we refund the buyer in full, including the processing fee. Where a buyer cancels an order for reasons not attributable to the seller, the processing fee may be non-refundable.

11 Reviews & reputation

After a completed order, buyers may leave a rating and review. Reviews must be honest and based on a real transaction. Sellers carry public reputation signals — verification status, star rating, number of items sold, and location — to help buyers choose. We may remove reviews that are fake, abusive, or that violate these Terms, and we may adjust reputation displays to prevent manipulation.

12 Content & intellectual property

You keep ownership of the content you post (listings, photos, messages, reviews). You grant e-Merkato a non-exclusive licence to host, display, and distribute that content as needed to operate and promote the marketplace. You must have the rights to everything you upload and must not infringe others’ intellectual property. The e-Merkato name, logo, and software are ours and may not be used without permission.

13 Privacy

We collect and use the information needed to run the marketplace — for accounts, payments, escrow, disputes, and safety. To process card payments and seller payouts we share the information Stripe needs with Stripe, our payment processor; e-Merkato does not receive or store your full card details. Contact details are shared between a buyer and seller only after an order is created, so you can arrange handover. Our Privacy Policy (to be published) will describe our data practices in detail; by using the platform you consent to the processing needed to provide the service.

14 Suspension & termination

We may suspend, restrict, or terminate access — including removing listings or reversing transactions where permitted — if you breach these Terms, create risk for other users, or where required by law. Banning an account revokes its active sessions. You may stop using the platform and deactivate your account at any time. Obligations that by their nature should survive (for example, completed transactions, fees owed, and the disclaimers below) continue after termination.

15 Disclaimers & liability

The platform is provided “as is” and “as available”. We facilitate payments and communication between users but are not a party to the underlying sale, and we do not warrant the quality, safety, legality, or accuracy of any listing or item. To the fullest extent permitted by law, e-Merkato is not liable for indirect, incidental, or consequential damages, and our total liability relating to a transaction is limited to the amount held in escrow for that transaction. Nothing here excludes liability that cannot be excluded under applicable law.

16 Changes & contact

We may update these Terms as the platform evolves. When we make material changes we’ll update the “last updated” date and, where appropriate, notify you in the app. Continuing to use e-Merkato after changes take effect means you accept the updated Terms.

Questions about these Terms? Contact us at support@e-merkato.com.