1. In short
Tokyofishmarket is a marketplace and a community for collectors and fans. We run the platform. Independent sellers run their own shops on it and sell to buyers directly. These terms are the contract between you and us when you use the platform, whether you buy, sell or post.
This section is a plain-language summary. It does not replace the clauses that follow. Where the two differ, the clauses govern.
2. Who we are
Tokyofishmarket is operated by Manda SENC, a general partnership registered in Québec, Canada, whose office is at 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada. In these terms, "we", "us" and "our" mean Manda SENC. "You" means the person using the platform.
For help with a purchase or a sale, call +1 514-224-9199, every day from 9 a.m. to 9 p.m., Montréal time. For any other question, write to support@tokyofishmarket.com or see the help centre. Legal notices, including notices from authorities, go to legal@tokyofishmarket.com, which we answer in English and in French.
3. Definitions
These words have the following meaning wherever they appear in these terms.
- Platform: the Tokyofishmarket website, its applications and every service we offer through them.
- Account: the personal account you create to use the platform. Selling is a status of your account, not a separate account.
- Seller: a user who offers items or services for sale on the platform. Buyer: a user who buys them.
- Consumer: a person who uses the platform for purposes outside their trade or business.
- Booth: a seller's shop on the platform.
- Listing: an offer of an item or a service published by a seller. Order: a purchase placed by a buyer on a listing.
- Payout: the payment of a seller's proceeds from their sales to their bank account.
- Circle: a community space on the platform, run by its members and its moderators.
- TFM Official: the name under which we sell items ourselves.
- Content: anything a user publishes or sends on the platform, including listings, photos, posts, comments, messages, videos and profile information.
- Virtual items: points, experience, badges, trophies, titles, cosmetics, virtual pets and any other digital reward that exists only on the platform. Store credit on your account is not a virtual item.
4. Accepting these terms
4.1 You accept these terms when you create an account. Before you do, we show you these terms and the documents listed in 4.2 by name. If you do not accept them, do not create an account.
4.2 The following documents form part of these terms:
- for everyone: Privacy & Data Usage, Cookie Policy, Acceptable Use, Community Guidelines, Gamification & Virtual Items, Reporting Illegal Content and Appealing Our Decisions, DMCA & Copyright and Brand & Press;
- when you buy: Shipping & Delivery, Returns & Refunds, Payments & Payouts and Seller Identity Disclosure;
- when you sell: in addition, the Seller Terms, the Seller Transparency Terms and Platform Tax Reporting.
4.3 Where one of those documents and these terms conflict, these terms prevail, unless the document names the specific clause of these terms it replaces.
4.4 A seller may set their own conditions of sale for their booth. Those conditions add to these terms and to the documents above. They cannot replace them, and they cannot remove a right the law or these terms give you.
5. Who can use the platform
5.1 You must be at least 16 years old to create an account. If we learn that an account belongs to someone younger, we close it and delete the personal information collected from it, except what the law requires us to keep.
5.2 If you are under the age of majority where you live, you must have the permission of a parent or legal guardian to use the platform and to buy on it.
5.3 You must be at least 18 years old, or the age of majority where you live if it is higher, to sell, to receive payouts, and to view content that we or its author have marked as intended for adults. We rely on the date of birth you give us, and giving a false one is a breach of these terms.
5.4 You may not use the platform if we have closed your account for a breach of these terms, unless we have agreed in writing that you may return, or if the law that applies to you, including sanctions law, forbids it.
6. Your account
6.1 One person, one account. Accounts may not be shared, sold or transferred.
6.2 The information you give us must be accurate, and you must keep it up to date.
6.3 You are responsible for keeping your sign-in methods secure and for what happens under your account. Tell us at once at support@tokyofishmarket.com if you believe someone else has accessed it.
6.4 You may stop using the platform at any time and ask us to close your account by writing to support@tokyofishmarket.com. Before we close it, orders in progress are completed or refunded, and a seller is paid what is owed to them, as the Seller Terms and the Payments & Payouts policy describe. What we keep after closure, and for how long, is described in Privacy & Data Usage. Records the law requires us to keep, such as order and tax records, are kept after closure.
7. What Tokyofishmarket is, and is not
7.1 For most listings, we provide the marketplace and do not sell the items. The contract of sale is between the buyer and the seller. The seller is responsible for their listing, for the item or service they sell, for its description and legality, and for delivering it.
7.2 Listings marked TFM Official are sold by us. For those listings, we are the seller and we carry the seller's obligations.
7.3 Every listing shows who the seller is. A seller who sells as part of a trade or business must say so and must meet the obligations the law places on businesses. If you buy from a private individual, some consumer protection laws may not apply to your purchase. Seller Identity Disclosure explains what further information we collect and show about sellers.
7.4 We do not inspect, own or hold the items sold by other sellers, and we do not guarantee their quality, authenticity, safety or legality. We do act on listings that break our rules or the law, as described in section 14.
7.5 How listings and sellers are ranked, and how TFM Official listings are treated compared with other sellers, is explained in the Seller Transparency Terms. How we personalise feeds and recommendations is explained in Privacy & Data Usage.
8. Orders, prices and payment
8.1 Before you confirm an order, checkout shows the price, the shipping cost, the sales taxes we are required to collect, the currency and the total. The total shown is the amount charged. Import duties or taxes charged by the destination country on delivery, if any, are not included and may be collected by the carrier. Shipping & Delivery explains how shipping is calculated.
8.2 Payment is collected at checkout through our secure payment service. We do not store your full card details. When you pay through our payment service, you have paid the seller. How payments and payouts work is set out in Payments & Payouts.
8.3 An order may be refused or cancelled, by the seller or by us, where the item is unavailable, the price shown is manifestly wrong, or the order has been flagged by our fraud checks. If an order you have paid for is cancelled, you are refunded the full amount you paid, to your original payment method unless you choose store credit instead. For a consumer resident in Québec, we honour the price shown on a TFM Official order we have accepted, unless the law allows otherwise.
8.4 Sellers pay the fees described in Payments & Payouts. Buyers are never charged a fee that is not shown before they confirm an order.
9. Shipping, returns and your legal rights
9.1 Shipping is governed by Shipping & Delivery, and returns and refunds by Returns & Refunds.
9.2 Nothing in these terms, in the documents they include or in a seller's conditions limits the rights the law gives you as a consumer, including the legal warranty of quality and conformity and any right to cancel a distance purchase. Where the law of the place you live gives you more protection than these terms, that protection applies.
10. Your content
10.1 You keep the rights you hold in the content you publish. You confirm that you have the right to publish it, and that it does not infringe anyone else's rights.
10.2 So that we can run the platform, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for technical purposes (for example resizing or transcoding), display and distribute your content on the platform, and to let search engines index the public pages it appears on. We may pass this licence on only to the service providers who help us run the platform.
10.3 We will not feature your content in our own promotion outside the platform, such as our social media accounts, without asking you first, and we never do so with content published by a user under 18.
10.4 This licence ends when your content is permanently deleted or your account is closed. Content you delete stays in your trash for 30 days, during which you can restore it. The licence continues only for copies we must keep to comply with the law or to defend a claim, content that other users have already shared or quoted within the platform, and backup copies that are erased in the normal course of operation.
10.5 Private messages are yours and the recipients'. We do not use their content to promote the platform or to personalise recommendations. The fact that you contacted a seller about a listing can be used to personalise recommendations, as Privacy & Data Usage explains.
10.6 If you believe content on the platform infringes your copyright, follow DMCA & Copyright. Any other content you believe is illegal can be reported as described in Reporting Illegal Content and Appealing Our Decisions.
11. Our content and our brand
The platform itself, including its code, design, logos and the material we publish, belongs to us or to our licensors and is protected by intellectual property law. You may not copy it, adapt it or use our name and logos except as Brand & Press allows.
12. Rules of conduct
12.1 You agree to follow Acceptable Use and the Community Guidelines. They list what is not allowed on the platform and what happens when a rule is broken.
12.2 Without our written permission, you may not access the platform by automated means, including bots, scrapers and crawlers, or extract its content to build a database, a competing service or a data set for training machine learning models. Search engines that follow our robots.txt file may index public pages.
13. Virtual items
Virtual items have no monetary value. They cannot be exchanged for money, goods or discounts, and they cannot be sold or transferred to another account except through a feature we provide for that purpose. They are not your property: we grant you a personal, limited licence to use them on the platform. Gamification & Virtual Items explains how they are earned and when they can change or be withdrawn.
14. Moderation, suspension and termination
14.1 We may remove or restrict content, limit features, suspend the ability to sell, or suspend or close an account where it breaks the law, these terms or the documents they include; where it exposes other users to fraud, harm or illegal content, or threatens the security of the platform; or where the law or an authority requires it. Our action is proportionate to the seriousness of the breach, how often it happened, and the harm it caused.
14.2 When we act against your content or your account, we tell you what we did and why, as set out in Reporting Illegal Content and Appealing Our Decisions, unless the law forbids us to or the content is deceptive high-volume commercial content.
14.3 You may contest any such decision free of charge, for at least six months after we tell you about it, by writing to legal@tokyofishmarket.com. A person who was not involved in the original decision reviews your appeal. If we were wrong, we reverse the decision and restore what we removed.
14.4 We use automated tools to detect some content that may break the law or our rules, such as illegal, sexual or fraudulent content, before anyone reports it. A file that our automated checks do not clear is refused when you upload it; you can contest that refusal under 14.3. Any other decision against your content or your account is taken by a person, except the automatic suspension of a seller after repeated incidents that a person has confirmed, as the Seller Terms describe. How these tools work is explained in Reporting Illegal Content and Appealing Our Decisions.
14.5 Moderators of a Circle may remove content from their Circle and remove members from it, under the Community Guidelines. You may ask us to review a moderator's decision in the same way as 14.3.
14.6 If you sell as a business, we give you at least 30 days' notice before ending our relationship with you, except where the law requires us to act sooner or you have repeatedly broken these terms.
14.7 If a seller's account is suspended or closed, the seller must complete or refund the orders already paid to them. If the seller does not, we refund the buyer. Amounts owed to the seller are paid out or withheld as the Seller Terms and Payments & Payouts describe, and as the law allows.
14.8 Report a problem with an order to us before disputing the payment with your bank. If you dispute a payment without doing so, or in bad faith, we may limit or close your account, whatever the outcome of the dispute. This does not apply to unauthorised use of your card or to a right the law gives you.
15. The platform and its availability
We work to keep the platform available and secure, but we do not promise that it will be uninterrupted or free of errors. We may change, add or remove features. We give you notice under section 19 before removing a feature you have paid for, and we refund the unused part of what you paid.
16. Liability
16.1 We are responsible for the obligations we take on in these terms and, for TFM Official listings, for the obligations of a seller.
16.2 We are not responsible for the acts of other users, including the items or services they sell, the content they publish and the way they fulfil their orders, except where the law makes us responsible for them.
16.3 Nothing in these terms excludes or limits our liability for death, bodily injury or moral injury, for our intentional or gross fault, for fraud, or for any other liability the law does not allow us to exclude.
16.4 If you are a consumer resident in Québec, section 16.5 does not apply to you. If you are a consumer resident elsewhere, it applies only to the extent the law of the place you live allows.
16.5 Subject to 16.3 and 16.4, our total liability to you for any claim related to the platform is limited to the greater of the amounts you paid us, including the price of any TFM Official order, in the 12 months before the claim arose, and 100 Canadian dollars. We are not liable for indirect losses or loss of profit.
17. Business users' responsibility towards us
This section applies only if you use the platform as a business. You will compensate us for the losses and the costs, including legal fees, that a court awards against us or that we pay in a settlement you have approved, because of a claim by a third party arising from your breach of these terms or of the law. We tell you about such a claim promptly, and you may take charge of the defence.
18. Governing law and disputes
18.1 These terms are governed by the laws of the Province of Québec and the federal laws of Canada that apply there. If you are a consumer, you also keep the protection of the mandatory consumer laws of the place where you live.
18.2 If you have a problem, write to us first at support@tokyofishmarket.com. Most problems are resolved that way.
18.3 Disputes are heard by the courts of the judicial district of Montréal. If you are a consumer, you may instead bring a claim before the courts of the place where you live, and we may bring a claim against you only before those courts. Nothing in these terms requires a consumer to go to arbitration or waives a consumer's right to take part in a class action.
19. Changes to these terms
19.1 Every version of these terms has a number and an effective date, shown at the top of this page. Every earlier version is kept and dated, and the version history is linked from this page.
19.2 We may change the following elements of these terms: the features of the platform, the rules of conduct and moderation, the documents listed in 4.2, the fees charged to sellers, and the procedures for orders, shipping and returns. A change never applies to an order already placed.
19.3 At least 30 days before a change takes effect, we send you a notice by email and on the platform. It sets out the new clause, the clause it replaces if any, and the date the change takes effect. If the change adds to your obligations or reduces ours, you may refuse it and close your account at no cost or penalty, before the change takes effect or within 30 days after it does. If the change concerns a service you have paid for, you are refunded the unused part.
19.4 A change required by law, or needed urgently to deal with fraud, malware or a security threat, may take effect sooner. We still tell you about it as soon as we can, and your right under 19.3 to close your account still applies.
19.5 A change applies from its effective date. Where the law of the place you live requires your express agreement to a change, we ask for it, and if you refuse, you may close your account as described in 19.3.
20. General
20.1 These terms and the documents listed in 4.2 are the whole agreement between you and us about the platform. An order is also governed by its listing and its order confirmation.
20.2 If a clause is held invalid, the rest of these terms remains in force.
20.3 If we do not enforce a clause straight away, we have not waived our right to enforce it later.
20.4 We may transfer these terms to a company that takes over the platform, provided your rights under them are not reduced. We tell you at least 30 days before the transfer. You may not transfer them without our agreement.
20.5 Neither you nor we are responsible for a failure to perform caused by an event beyond reasonable control, such as a natural disaster, a war, or a failure of the internet or of a public utility, for as long as that event lasts.
20.6 Sections 10.4, 16, 17, 18 and 20 continue to apply after your account is closed.
20.7 These terms are published in English, French, Japanese and Korean. If you live in Québec, these terms and the documents they include are presented to you in French first, and you may choose to be bound by another language version only after receiving the French one; for users in Québec, the French version prevails. For everyone else, if the versions differ, the English version prevails, unless the law of the place you live requires otherwise.
21. Contact
Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada. Purchases and sales: +1 514-224-9199, every day from 9 a.m. to 9 p.m., Montréal time. General questions: support@tokyofishmarket.com. Legal notices: legal@tokyofishmarket.com.