1. Acceptance of Terms
By accessing or using the MarketHawk mobile application (“App”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the App.
MarketHawk is operated by Levi Geering (“we,” “us,” or “our”).
2. Description of Service
MarketHawk is a mobile application that provides automated monitoring and notifications for iPhone listings on Facebook Marketplace and other online marketplaces. The App helps resellers identify underpriced phones and business opportunities across Australia, New Zealand, and other regions.
The App is free to download. Access to premium features requires submitting an application and receiving approval. Premium access is contingent upon maintaining an active business relationship that is managed separately outside of this App. We reserve the right to approve or deny applications and revoke access at our sole discretion.
3. User Accounts and Access
3.1 Account Creation and Application
- You may download and install the App for free
- To access premium features, you must submit an application for approval
- We reserve the right to approve or deny any application at our sole discretion
- Account approval does not guarantee continued access to premium features
- You must provide accurate and complete information when creating an account and submitting your application
3.2 Access Requirements
- Access to premium features requires approval and maintaining an active business relationship with us
- This business relationship is managed separately from the App
- We may revoke access to premium features at any time if the external business relationship is terminated or suspended
- Basic app functionality may remain available to unapproved users at our discretion
3.3 Account Responsibilities
- You are solely responsible for all activities that occur under your account
- You are responsible for maintaining the confidentiality of your account credentials
- You may not share your account with others
- You may not use another user’s account without permission
- You agree to notify us immediately of any unauthorized use of your account
4. Acceptable Use
4.1 Permitted Use
You may use MarketHawk solely for:
- Personal or business use in sourcing and reselling products
- Legitimate commercial purposes in compliance with all applicable laws
- Monitoring marketplace listings within the App’s intended functionality
4.2 Prohibited Conduct
You may not:
- Use the App for any unlawful purpose or in violation of any regulations
- Attempt to reverse engineer, decompile, or disassemble the App
- Use automated scripts or bots to access the App (beyond the App’s built-in automation)
- Resell, redistribute, or share access to the App without authorization
- Interfere with or disrupt the App’s servers or networks
- Violate the terms of service of any third-party platforms monitored by MarketHawk
- Engage in any activity that could harm other users or the App’s reputation
- Use the App to harass, abuse, or spam others
- Attempt to gain unauthorized access to other users’ accounts or data
5. Intellectual Property
5.1 Ownership
All content, features, and functionality of the App, including but not limited to text, graphics, logos, software, and algorithms, are owned by Levi Geering and are protected by international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal or business use in accordance with these Terms.
5.3 Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Sell, rent, lease, or sublicense the App
- Remove any copyright or proprietary notices from the App
6. Third-Party Services
6.1 Integration
MarketHawk integrates with third-party platforms including Facebook Marketplace and others. Your use of these platforms is subject to their respective terms of service.
6.2 No Liability
We are not responsible for:
- Changes to third-party platform APIs or policies
- Service interruptions caused by third-party platforms
- The accuracy or availability of third-party content
- Any disputes between you and third-party platforms
7. Data and Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
8. Disclaimers and Limitations of Liability
8.1 Service Availability
- The App is provided “as is” and “as available” without warranties of any kind
- We do not guarantee uninterrupted or error-free service
- We do not guarantee the accuracy, completeness, or timeliness of listings or notifications
- Service may be temporarily unavailable due to maintenance or technical issues
8.2 No Investment or Business Advice
- MarketHawk provides information only and does not constitute business or investment advice
- You are solely responsible for your purchasing and reselling decisions
- We make no guarantees regarding profit potential or business success
8.3 Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages
- We are not liable for any loss of profits, revenue, data, or business opportunities
- Our total liability for any claim arising from your use of the App shall not exceed $100 AUD
- We are not liable for losses resulting from third-party platform changes or outages
8.4 Indemnification
You agree to indemnify and hold harmless Levi Geering from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Any business activities or transactions you conduct using information from the App
9. Suspension and Termination
9.1 Application Denial
- We reserve the right to deny any application for access to premium features without providing a reason
- Denied applications may be reconsidered at our discretion
9.2 Termination by You
- You may terminate your account at any time by deleting the App or contacting us to delete your account
- Terminating your account does not automatically terminate any separate business arrangements
9.3 Suspension or Termination by Us
We reserve the right to suspend or terminate your access to premium features immediately, without notice, for any of the following reasons:
- Fraudulent or illegal activity
- Abuse of the service or other users
- Termination or suspension of the external business relationship
- Failure to maintain the requirements for premium access
- Any conduct we determine to be harmful to the App or other users
- At our sole discretion for any reason or no reason
9.4 Effect of Termination
Upon termination or suspension:
- Your access to premium features will cease immediately
- You may retain limited access to basic App features at our discretion
- All licenses granted to you will terminate
- You remain responsible for any obligations arising before termination
- Sections of these Terms that by their nature should survive will remain in effect
10. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or in-app notification. Continued use of the App after changes constitutes acceptance of the modified Terms.
11. Geographic Restrictions
MarketHawk is currently available in Australia, New Zealand, and select other regions. We reserve the right to limit availability in certain geographic areas.
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
12.2 Dispute Resolution Process
Before initiating any legal action, you agree to first contact us at [your contact email] to attempt to resolve the dispute informally.
12.3 Jurisdiction
Any legal action arising from these Terms shall be brought exclusively in the courts of New South Wales, Australia.
13. General Provisions
13.1 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.
13.2 Waiver
Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.
13.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.
13.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
13.5 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
14. Contact Information
For questions about these Terms, please contact us at:
Email: levigeering@outlook.com Address: 661 young street, Albury, NSW, Australia
By using MarketHawk, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
