Terms & Conditions
Last updated: January 1, 2025
1. Acceptance of Terms
By accessing or using BXNY Marketplace ("the Platform," "we," "our," or "us"), you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree, you must not use the Platform.
2. Description of Service
BXNY Marketplace is an online platform that connects customers with local businesses in the Bronx, New York area. We facilitate ordering, payment processing, and delivery coordination between customers and merchants. We are not a party to the transaction between customers and merchants beyond facilitating the connection.
3. Eligibility
- You must be at least 13 years of age to use the Platform.
- You must provide accurate and complete registration information.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
4. Customer Terms
4.1 Placing Orders
- Orders are subject to availability and merchant acceptance.
- Prices displayed are set by merchants and may change without notice.
- You agree to pay all charges associated with your order including applicable taxes and delivery fees.
4.2 Cancellations & Refunds
- Cancellation policies vary by merchant. Review the merchant's policy before placing an order.
- Refunds for defective or incorrect orders must be requested within 48 hours of delivery.
- BXNY Marketplace reserves the right to issue refunds at its discretion in cases of platform error.
5. Merchant Terms
5.1 Merchant Accounts
- Merchants must complete the activation process via the invitation link sent to their registered business email.
- Merchants are responsible for the accuracy of their business information, product listings, and pricing.
- Merchants must comply with all applicable local, state, and federal laws including food safety, licensing, and tax regulations.
5.2 Merchant Obligations
- Fulfill orders in a timely manner and as described in your listings.
- Maintain accurate inventory and availability information.
- Respond to customer inquiries and disputes in good faith.
- BXNY Marketplace reserves the right to suspend or deactivate merchant accounts for violations of these terms.
6. Payments
- Payments are processed securely by Stripe. By making a purchase, you agree to Stripe's Terms of Service.
- BXNY Marketplace does not store your full payment card details.
- All transactions are in US Dollars (USD).
- Merchant payouts are subject to a separate merchant agreement.
7. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any regulations.
- Attempt to gain unauthorized access to any part of the Platform or its systems.
- Post false, misleading, or fraudulent content or reviews.
- Interfere with or disrupt the integrity or performance of the Platform.
- Use automated tools (bots, scrapers) to access the Platform without our written consent.
- Impersonate any person or entity or misrepresent your affiliation.
8. Intellectual Property
All content on the Platform — including logos, text, graphics, software, and data — is the property of BXNY Marketplace or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BXNY MARKETPLACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED THROUGH IT. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 30 DAYS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless BXNY Marketplace and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.
12. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Bronx County, New York.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the "Last updated" date. Continued use of the Platform after changes constitutes your acceptance of the revised Terms.
14. Contact Us
For questions about these Terms, please contact us:
BXNY Marketplace
Bronx, New York, USA
Email: legal@bxny.com