1. Acceptance of Terms

By using our marketplace, you agree to these Terms of Service with Hamza Labs Limited, and any other policies we publish on the platform. These terms apply every time you visit the marketplace, create an account, make a purchase, or list an item for sale. If you do not agree with any part of these Terms, you may not use our marketplace.

We may update or change these Terms from time to time, and we’ll notify you when significant changes are made. Your continued use of the platform after any updates means you agree to the new terms. Please review the Terms regularly to stay informed of any changes.

By accessing or using our platform, you confirm that you understand and accept these Terms.

2. Account Creation & User Obligations

When you create an account on our marketplace, you agree to provide accurate and complete information. You are responsible for keeping your account details, including your password and any cryptocurrency wallet keys, secure. You must be at least 18 years old to use our platform. If you share your account with others, you are fully responsible for their actions.

You agree not to use our platform for any illegal or unauthorized purposes, including selling prohibited items or engaging in fraudulent transactions. You are responsible for complying with all laws that apply to you, including local laws regarding the sale of goods and cryptocurrency transactions.

We reserve the right to suspend or terminate your account if we believe you are violating our Terms of Service, misusing the platform, or engaging in activities that harm other users or the marketplace.

3. Nature of Transactions

Our marketplace operates entirely using cryptocurrency. All payments for goods are made in the supported cryptocurrencies, which may include Bitcoin, Ethereum, or stable coins like USDT and USDC and other digital assets listed on the platform. You are responsible for ensuring that you have the necessary cryptocurrency to complete your transactions.

To protect both buyers and sellers, our platform uses a smart contract escrow system. When a buyer makes a payment, the funds are held in escrow until the transaction is completed. The funds are released to the seller once the buyer confirms they’ve received the goods, or after a predetermined period if no dispute is raised.

Please be aware that the value of cryptocurrency can fluctuate when compared with other asset classes like fiat currencies. This means that the price of goods in cryptocurrency might change due to market conditions. We do not control these price fluctuations, and once a transaction is made, it cannot be reversed due to cryptocurrency fluctuation. To avoid cryptocurrency fluctuation issues you may choose to buy or sell using stable coins.

All transactions made through the marketplace are final once the escrow funds are released. If there is a dispute, our dispute resolution process will be followed, as outlined in these Terms.

By using the platform, you agree to the terms of the escrow system and accept the risks associated with cryptocurrency transactions, including price volatility and the non-reversible nature of payments.

4. Prohibited Activities

To keep our marketplace safe and trustworthy, we prohibit certain activities. By using our platform, you agree not to engage in any of the following activities:

1. Selling or Buying Illegal Goods: You may not sell or purchase any items that are illegal under local, national, or international laws. This includes, but is not limited to, counterfeit goods, weapons, drugs, stolen property, and items that violate intellectual property rights.
2. Fraudulent or Deceptive Practices: You are not allowed to engage in fraudulent transactions, including creating fake listings, misrepresenting goods, or attempting to scam other users.
3. Money Laundering or Other Financial Crimes: The use of the marketplace for money laundering or any financial crime is strictly prohibited.
4. Unauthorized Use of Accounts: You may not use another user’s account without their permission or impersonate any person or entity in your interactions on the platform.
5. Harmful Conduct: You may not engage in any activity that could harm the marketplace, its users, or disrupt the operation of the platform. This includes attempting to hack, manipulate, or tamper with the platform’s systems or security.
6. Violation of Local Laws: You must comply with all local laws that apply to your use of the marketplace, including any laws related to the buying and selling of goods and the use of cryptocurrencies.

If we determine that you are engaging in any prohibited activities, we reserve the right to suspend or terminate your account and take further legal action if necessary.

By using the platform, you agree to abide by these rules and understand that violating them could result in penalties, including the loss of access to the marketplace.

5. Payment Policies

Hamza marketplace operates entirely using cryptocurrency for all transactions. Please review the following policies carefully to understand how payments are handled on the platform.

1. Supported Cryptocurrencies

Sellers on our marketplace accept the following cryptocurrencies as payment:

• Bitcoin (BTC)
• Ethereum (ETH)
• Stablecoins (e.g., USDT, USDC)
• Other cryptocurrencies may be added from time to time.

2. Purchasing an Item

When purchasing an item, buyers must ensure they have the correct amount of the selected cryptocurrency in their wallet to complete the payment. Since sellers directly accept cryptocurrency, there are no conversion rates or fiat currency involved in the transaction.

3. Transaction Fees

The marketplace charges a fixed 5% transaction fee, which is deducted in the same cryptocurrency used for the payment. Additionally, there will be a transaction (gas) fee based on the specific cryptocurrency you are using. Gas fees vary depending on network congestion at the time of the transaction and are required to process the payment on the blockchain.

• The 5% transaction fee and any applicable gas fees will be clearly displayed before you confirm the payment. Make sure to account for these fees when sending your cryptocurrency.

4. Optional Escrow Fee

To provide additional protection during the transaction, buyers can choose to use our optional escrow service. If selected, an additional 1% escrow fee will be charged, which is also deducted in the same cryptocurrency used for the payment. This fee covers the cost of holding the funds securely until the goods are delivered and the transaction is completed.

• The 1% escrow fee is optional, and buyers can opt in at the time of checkout.

5. Transaction Finality

Cryptocurrency transactions are final and irreversible. Once you make a payment and the funds are placed in escrow, the transaction is binding. After the goods are delivered and the escrow is released, funds cannot be refunded or returned, so it is important to carefully review the transaction before finalizing it.

Please double-check all payment details, including the amount, shipping address, and the item description, before confirming a purchase. Any disputes must be resolved through the marketplace’s dispute resolution process, as outlined in these Terms.

6. Shipping & Delivery

Sellers on Hamza marketplace are responsible for packaging and shipping the goods to buyers. Even in the case of using a shipping or fulfillment service, sellers are ultimately responsible for buyers receiving their orders.

Sellers must provide various shipping options for buyers to choose from during the checkout process. These options may include standard, expedited, or international shipping, depending on the seller's location and the buyer's preferences. Sellers shall also specify their return policy.

1. Shipping Options: Sellers will list the available shipping methods, estimated delivery times, and costs for each option. Buyers are responsible for selecting their preferred shipping method at checkout. The final shipping cost will be calculated based on the method chosen and the destination.
2. International Shipping: If shipping goods across borders, sellers must comply with international shipping regulations and ensure that the item can legally be shipped to the buyer's country. Depending on the shipping option chosen by buyers, they may be responsible for any additional fees that may arise from customs duties, import taxes, or other charges related to international shipments.
3. Tracking and Delivery: Sellers must provide a valid tracking number for all shipments, where available. Buyers can use this tracking information to monitor the delivery status of their order. Hamza recommends that sellers use reliable carriers with tracking capabilities, especially for high-value items.
4. Delivery Timeframes: Delivery times are estimates and depend on the shipping method selected. Delays may occur due to customs processing, holidays, or other unforeseen circumstances. Hamza is not responsible for delays caused by shipping carriers.
5. Buyer Responsibility: Once the item has been shipped, buyers are responsible for ensuring they are available to receive the delivery. If a shipment is returned due to incorrect address information provided by the buyer, additional shipping costs may apply to re-ship the item.
6. Lost or Damaged Goods: If an item is lost or damaged during shipping, depending on the shipping term selected,  the seller may be responsible for filing a claim with the shipping carrier. Buyers should notify the seller immediately if their item does not arrive or arrives damaged. See section below on how and when to file a claim for a lost or damaged item.

See Section 7 Buyer and Seller Protection (below) for Refunds and Returns Policy

Return Policy (Rules)

Sellers can offer the following rules for returns: 

• No returns
• 14-day buyer-paid returns
• 14-day free returns
• 30-day buyer-paid returns
• 30-day free returns

NOTE: All returned items may be subject to full or partial returns based on what buyer and seller agree or what Hamza determines on a case by case manner.

7. Buyer and Seller Protection

We strive to protect both buyers and sellers on our marketplace through the use of a smart contract escrow system, a defined inspection period, and clear processes for refunds and returns.

a. Escrow System

Our platform uses a smart contract escrow system to ensure security for both buyers and sellers. When a buyer makes a payment, the funds are held in escrow by the smart contract. These funds are not released to the seller until the buyer confirms they have received the goods and are satisfied with the purchase.

Sellers are protected by receiving the funds from the escrow as soon as the buyer confirms receipt of the goods or the inspection period has ended without a dispute.

b. Inspection Period

Buyers have an inspection period of seven (7) days from the date the item is marked as delivered to verify the goods they received. During this time, buyers should carefully inspect the items to ensure they match the listing description and are free from defects.

If an item has been lost in transit, arrives in defective condition, or if incorrect goods were shipped, the buyer must contact the seller directly via email, explaining the issue. The seller will have 48 hours to respond to the buyer’s email.

If the seller does not respond within the 48-hour period, the buyer will receive a full refund, and the funds will be returned from escrow immediately.

For further clarity on refunds and returns, please see the section below.

c. Refunds and Returns

Buyers may request a refund from the seller under the following circumstances:

• The item never arrived.
• The item arrived after the estimated delivery date.
• The item arrived damaged.
• The item does not match the listing description.
• The seller offered a return without a specific reason.
• The request is within the 90-day time frame from the estimated delivery date to open a case.

There are three possible outcomes for a refund request:

i. Seller Accepts the Request

If the seller accepts the refund request, the buyer will receive instructions from the seller on how to return the item. This communication will be sent via email (or in-app push notification, when available).

Depending on the terms agreed upon at the time of purchase:

• The seller will issue a refund after receiving and inspecting the returned item.
• The seller may issue a refund without requiring the item to be returned.
• A partial refund may be offered if the seller and buyer agree to that outcome.

ii. Seller Does Not Respond Within the Given Time Frame

If the seller does not respond within 48 hours, the buyer’s refund request will be automatically approved, and the funds will be refunded to the buyer’s wallet in the same cryptocurrency used for the purchase.

iii. Seller Disputes the Refund Request

If the seller disputes the refund request, either the buyer or seller can open a case. At this point, our platform's mediation team (“Hamza”) will step in to mediate the situation.

Hamza may request additional evidence from both the buyer and the seller, such as photos of the item, proof of delivery, or communication records, in order to come to a fair resolution. The decision made by Hamza will be final and binding.

8. Limitation of Liability

1. Platform’s Liability

The marketplace is not responsible for any disputes, damages, or losses that arise from interactions between buyers and sellers. We do not control or guarantee the quality, safety, legality, or delivery of the goods listed for sale, nor do we endorse any user’s conduct.

In addition, the marketplace is not liable for any losses due to cryptocurrency price volatility. The value of cryptocurrency can fluctuate, and it is the responsibility of both buyers and sellers to understand and accept these risks when conducting transactions on the platform.

We are also not responsible for any technical issues related to the smart contracts used in transactions. While smart contracts automate the escrow and fund release process, unforeseen technical issues may occur, and the marketplace cannot be held liable for any resulting losses.

2. Liability Caps

In the event that the platform is found liable for any claim, the total liability of the marketplace will be limited to the greater of:

• The value of the transaction in dispute, or
• The total fees paid to the platform by the affected party in connection with the disputed transaction.

This means that our liability will not exceed the transaction amount or the fees paid, whichever is higher.

3. Exclusions of Warranty

The marketplace provides its services on an “as-is” and “as-available” basis, and we make no warranties of any kind. We do not provide any warranties regarding:

• The goods sold by sellers on the platform, including their quality, condition, or compliance with any descriptions or laws.
• The performance, security, or uninterrupted functionality of the smart contracts used in transactions.
• The use or value of cryptocurrencies on the platform.

We are simply an intermediary that facilitates transactions between buyers and sellers, and we do not assume any responsibility for the actions of users or the goods sold on the platform.

By using our marketplace, you agree to these limitations and acknowledge that the marketplace cannot be held responsible for any indirect, incidental, or consequential damages arising from the use of the platform.

9. Privacy Policy

We value your privacy and want to be clear about the information we collect, how it’s used, and what protections we offer. By using our platform, you agree to the terms of this Privacy Policy.

a. Data Collection

When you use our marketplace, we collect certain information to ensure smooth transactions and communication between buyers and sellers. Here’s what we collect and how it’s used:

• Email Address (Required): We collect your email address to create your account, send important updates, and provide customer support.
• First Name/Last Name (Optional): You may choose to provide your first and last name, but this is optional and not required for account creation.
• Shipping Address (Required): To facilitate the delivery of goods purchased through our platform, we require your shipping address. This information will be shared only with the seller when necessary for completing your transaction.
• Wallet Address (Required): We collect your cryptocurrency wallet address to facilitate transactions on the platform. This information is used for payments and to record transaction metadata, but we do not store private keys.
• Preferred Currency: You can set your preferred cryptocurrency for making and receiving payments.

All personal data collected is securely stored on AWS servers, and we take reasonable measures to protect your information from unauthorized access, loss, or misuse.

b. Blockchain Transparency

While we protect your personal data, please understand that cryptocurrency transactions are publicly visible on the blockchain. This means that while we don’t publicly share your personal information, details about your cryptocurrency transactions (such as wallet addresses and amounts) are visible on the blockchain and cannot be removed or altered.

It’s important to note that blockchain technology operates outside the platform’s control, so any actions or transactions you make using cryptocurrency are inherently transparent and may be traceable.

c. Third-Party Services

In some cases, we may use third-party services for additional features, such as KYC (Know Your Customer) verification if required by certain jurisdictions, or to integrate with cryptocurrency exchanges.

If you are required to complete KYC verification, we may need to collect more personal information, such as your government-issued ID or proof of address, depending on your region or the product/service you are using on our platform. These third-party providers are responsible for handling this data securely and in compliance with local regulations.

We make every effort to protect your personal data and ensure that we comply with all applicable privacy regulations. However, the use of third-party services may be subject to their own privacy policies, and we encourage you to review those as needed.

d. Your Privacy and Security

We take your privacy seriously and strive to protect your information to the best of our ability. However, it is important to note that no system is completely secure, and we cannot guarantee the absolute security of your data. You should take precautions to safeguard your account, including protecting your private cryptocurrency keys and using strong passwords.

By using our platform, you acknowledge that you understand and agree to this Privacy Policy, and you accept the inherent transparency of blockchain-based transactions.
If you have any questions or concerns about your privacy, please contact us at [email protected].

10. Intellectual Property

Our marketplace respects the intellectual property rights of all users and strives to protect both the platform's and users' content. Please read the following carefully to understand how intellectual property is handled on our platform.

a. Platform Intellectual Property (Platform IP)

The marketplace and its related content, including but not limited to trademarks, logos, platform design, layout, and source code (where applicable), are the exclusive property of the platform. You may not use, copy, modify, or distribute any part of the platform’s intellectual property without our prior written permission.

By using the platform, you agree not to engage in any activity that would infringe upon or violate the intellectual property rights of the marketplace. Unauthorized use of our intellectual property may result in legal action.

b. User-Generated Content

As a decentralized platform, user-generated content—such as product listings, reviews, and feedback—remains the property of the user who created it, whether that be the seller or the buyer, depending on the circumstances. This means that sellers retain ownership of their product listings and product reviews. 

However, by using the platform, both buyers and sellers grant the platform a non-exclusive, worldwide, royalty-free license to use, display, and promote their user-generated content for marketing or promotional purposes. This includes, but is not limited to, the use of listings, reviews, or images in advertisements, social media posts, and newsletters.

c. Infringements

If you believe that your intellectual property rights, such as copyrights or trademarks, have been infringed upon by product listings or any other content on the platform, please notify our customer support team as soon as possible.

To report an infringement, please provide the following details:

• A description of the intellectual property that you believe has been violated.
• Specific details of the infringing content, including product listings or user-generated content involved.
• Any supporting evidence of your intellectual property rights, such as trademarks or copyrights.

We will promptly investigate all infringement claims and take appropriate action, which may include removing the offending content or suspending accounts that violate intellectual property rights.

11. Termination & Suspension

We take the safety and integrity of our marketplace seriously. In certain cases, we may suspend or terminate user accounts. Please read the following to understand when and why this might happen, and what it means for you.

a. Grounds for Suspension

Your account may be suspended or terminated if you:

• Violate the Terms of Service (ToS),
• Engage in illegal activities, including fraud or suspicious behavior,
• Post inflammatory, discriminatory, or harmful comments,
• Repeatedly breach the rules or exhibit harmful behavior on the platform.

These actions are considered serious offenses and may result in immediate suspension or termination of your account.

b. Suspension Process

If your account is suspended, you will receive a notification explaining the reason for the suspension and the procedure to follow. You will also be given the opportunity to appeal the decision by contacting our support team.

If the issue that caused your suspension is not resolved, or if the same behavior is repeated, your account may be permanently terminated.

c. Consequences of Termination

If your account is suspended or terminated while you have funds held in escrow, the platform will determine whether the funds should be refunded to the buyer or paid to the seller, depending on the situation.

In cases involving gross illegal activities or violations of regulations, the platform may choose to forfeit the funds. The final decision on how funds are handled will be based on the specific circumstances of the case.

12. Compliance with Cryptocurrency Regulations

Our marketplace follows cryptocurrency regulations to ensure a secure and lawful platform. We comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) rules, and users from certain countries may be restricted from using the platform due to local laws.

a. KYC/AML Compliance

Depending on the laws in your country, we may need to collect additional personal information to verify your identity and prevent illegal activities such as money laundering. This is known as Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance.

If required by law, we may ask you to provide:

• A government-issued ID,
• Proof of address, or
• Other personal details to verify your identity.

Your information will be handled securely and only used for compliance purposes.

b. Jurisdictional Restrictions

Due to local cryptocurrency laws and sanctions, users from certain countries are restricted from using our platform. At this time, we do not allow users from the following countries:

• Afghanistan 
• Algeria
• Bangladesh
• Bolivia
• China
• Egypt
• Gahna 
• Irak
• Kuwait
• Lesotho
• Libya
• Nepal
• North Macedonia
• Morocco
• Myanmar
• Pakistan
• Republic of Congo
• Saudi Arabia
• Sierra Leone
• Tunisia
• Bolivia
• Iran
• North Korea

If you are a resident or citizen of any of these countries, you are not permitted to create an account or engage in any transactions on our platform.

By using our platform, you agree to comply with all applicable local and international cryptocurrency regulations.

13. Dispute Resolution

We aim to provide a fair and efficient dispute resolution process for all transactions conducted on our marketplace. Disputes between buyers and sellers may be resolved either through the smart contract’s automated mechanisms or by mediation and/or arbitration as outlined below.

a. Smart Contract-Based Dispute Mechanism

In the event of a dispute between a buyer and a seller, the smart contract may automatically resolve the issue based on predefined terms:

• Automated Refund: If the goods are not delivered by a specified date, the smart contract will automatically release the funds back to the buyer.
• Automated Return: Based on the return rule chosen by the buyer, the smart contract may initiate a return and issue the appropriate refund or partial refund according to the agreed terms.

These automated processes are designed to minimize disputes; however, if a dispute arises that the smart contract cannot address (e.g., regarding the quality or condition of goods, etc), further steps will be taken.

b. Hamza’s Arbitration System

For disputes that cannot be automatically resolved by the smart contract, such as disagreements over the quality of goods, the platform will act as an arbitrator. In these cases:

• The platform will conduct an internal review of the dispute, including any evidence submitted by both the buyer and the seller (e.g., photos, proof of delivery, communications).
• After reviewing the details of the case, the platform make a final decision, which both the buyer and seller agree to accept as binding.
• The platform’s decision will be considered final and non-appealable within the platform's internal process.

c. Legal Jurisdiction and Arbitration

If a dispute cannot be resolved through the platform’s internal arbitration mechanisms or if it concerns the interpretation, application, performance, or termination of the platform’s agreements, the following legal process will apply:

• Any unresolved disputes will be referred to Arbitration, following an attempt at Conciliation, administered by the Panama Conciliation and Arbitration Centre.
• Arbitration will be conducted in accordance with the procedural rules of the Panama Conciliation and Arbitration Centre.
• The arbitration will take place in Panama City, Panama, and the arbitrator's decision will be final and binding for both parties.

By using our marketplace, both buyers and sellers agree to this dispute resolution process and waive the right to pursue class action lawsuits where applicable.

14. Changes to the Terms of Service

Our platform reserves the right to update or modify these Terms of Service (ToS) at any time. It’s important for users to stay informed by regularly reviewing the ToS to ensure they understand any changes.

a. Notice of Changes

We may update the ToS from time to time, and we will do our best to notify users of significant changes. However, we cannot guarantee that all notifications will be received. It is your responsibility to revisit our terms regularly by checking the platform for updates.

b. Acceptance of Changes

By continuing to use the platform after changes to the ToS are made, you agree to accept and follow the updated terms. If you do not agree with any of the changes, you should stop using the platform.

You can review previous versions of the ToS if needed by contacting our customer support team or visiting the link to the archive of past versions on the platform.