GMB Crush Marketplace Terms Of Use

Last Updated: 25/11/2021

Welcome to the website known as https://gmbcrush.com (the “Site”). The Site shall be collectively referred to as the “Service”. By using the Service, you are agreeing to comply with and be bound by the following terms of use, which together with our Refund Policy and Privacy Policy govern the relationship between you and GMB Crush Online Marketplace, including its subsidiaries, related and affiliated companies (individually or collectively referred to herein as “Provider” of the Service). You are only authorized to use the Service if you agree to abide by all applicable laws, rules, and regulations and these Terms Of Use. We may at any time revise these Terms Of Use and Licensing Agreement. You are bound by such revisions and should therefore periodically review these Terms Of Use and Licensing Agreement.

The terms “GMB Crush” or “Provider” or “us” or “we” refer to the owner of the Service, SEO Heroes Bangkok Co.,, Ltd, a corporation based in Thailand, whose business 882/29 (Loft Lane LaSalle) Soi La Salle 54-56, Sukhumvit Road 105 (La Salle), South Bang Na Subdistrict Bang Na District, Bangkok 10260. The term “you” or “user” refers to the user or viewer of our Service.

GMBcrush.com is an online digital services/software provider connecting buyers and sellers of digital goods and/or services. The GmbCrush.com marketplace service provides users the opportunity to request and provide services to other users of the Service.

By using this Service, you are agreeing to these Terms Of Use. Future use of the Service will be subject to the Terms in effect at that time. Barring some other formally and specifically executed agreement between you and us, these Terms govern the entire relationship between us.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AND REFUND/CANCELLATION/PRIVACY POLICY AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THIS SERVICE AND LICENSE FOR USE IS NOT GRANTED. YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY AND/OR UNINSTALL THE APPLICATION.

The use of the Service is subject to the following terms of use:

  1. By using the Service or purchasing any products or services from the Service, you represent and warrant that: (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms Of Use and or the conditions from our refund/cancellation policy/privacy policy agreement on your own account; (c) your use of the Service or purchase of any products or services does not violate any applicable law, regulation, or agreement; and (d) you accept this agreement and agree that you are legally bound by its terms. Use of the Service is void where prohibited.
  1. The Service is solely for your personal or business use.
  2. You are not required to create a username and password in order to access and use products and services of the Service. By purchasing any Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration/purchase form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service. Your user account may be deleted and/or terminated without warning if we believe that you are under 18 years of age.
  3. Your use of any information or materials on the Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Service meet your specific requirements.
  4. Additionally, by accessing and using the Service, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. Any personal information you supply to us when using the Service will be used by us in accordance with our Privacy Policy.
  5. The trademarks, logos and service marks (“Marks”) displayed on the Service are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Service is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Service for commercial or public purposes. Unauthorized use of the Service may give rise to a claim for damages and/or be a criminal offense.
  6. In general, GMB Crush does not charge a fee to use the Service. If a user completes a sale of products or services on the Service (“Seller”), then Seller shall be responsible for payment of a fee to Provider equal to fifteen percent (15%) of the total sale amount (“Seller Fee”). The Seller Fee shall be automatically deducted from the Seller’s payout or proceeds from the sale before any amounts are made available to Seller. By listing any products or services for sale on the Service, Seller expressly agrees to the above payment terms and authorizes the deduction of the Seller Fee from any payout. All transactions made through GMB Crush utilizing any of the third party payment providers may be subject to a 3% processing fee. This processing fee goes toward payment processing costs.


  7. Should a dispute arise between a Buyer and a Seller, a dispute resolution process is available to the Buyer.  Click here to view full details on our dispute resolution process.

    Alternatively, the Buyer has the right to work directly with a Seller to resolve any disputes.
  8. In the event of a chargeback filed by the customer with the customer’s credit card company, bank, or other financial institution GMB Crush will open a dispute on GMB Crush’s Marketplace Platform for the order that the chargeback was filed on. GMB Crush will work to resolve the chargeback with the financial institution. If the chargeback is settled in favor of GMB Crush the order and payout for the work will proceed as normal. If GMB Crush should lose the chargeback the seller’s GMB Crush account will be debited the amount of the chargeback.
  9. You acknowledge and agree that by uploading personal or business contact information, you are sharing your personal or business contact information with other users and third parties, of which the Provider has no control. You understand that your personal or business contact information may be shared to third parties by other users of the Service. Provider is not responsible for the actions of other users of the Service. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use or upload of personal or business contact information.
  10. By completing the purchase for products or services on the Service, you warrant that you have the authority to authorize the specific work or services and that such services will not violate the rights of any third party. You are solely responsible for complying with any local, state, or federal law. You are responsible for obtaining any required licenses and/or permits as required by law for your Project Request. Provider is not responsible for ensuring users obtain any licenses and/or permits required by local, state, or federal law. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your Project Request.
  1. If you choose to correspond, participate in services, or engage in transactions with any users found on or through the Service, you acknowledge and agree that Provider is not a party to, and will not be responsible for your interaction with such user, including the terms and conditions applicable to any transaction between you and the other user. The terms of your interaction with any user are solely between you and such user. You agree that the Provider will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such a user on the Service.

  2. Provider is unable to control users and is not responsible for any acts or omissions committed by users as part of a Project Request or Project Offer. You acknowledge that users are providing goods or services at their own will. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF USERS. Any disputes arising between you and other users related to the use of the Service or Project Request or Project Offer are the sole responsibility of the users.

  3. By using the Service, you expressly consent to Provider’s use of any images, photos, graphics, videos, blogs, reviews, or other material needed to perform the Service. You hereby grant Provider a perpetual, royalty-free, worldwide, irrevocable license to reproduce any images, photos, graphics, videos, blogs, or other materials uploaded by you to the Service for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material to perform the service.

  4. You agree that the use of the Service is entirely at your own risk, and you waive any claims and actions against Provider and any and all persons and entities responsible for the existence and provision of this Service. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

  5. You will not act in a vulgar, disrespectful, or illegal way while using the Service or interacting with any users or third parties known to you as a result of using the Service. Provider reserves the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority. Provider shall not refund any monies paid for the product or services lost due to your behavior.

  6. New services, and updates to existing services must be manually approved by the management team who has the right to reject any service for any reason as they see fit. Approvals can take up to 72 hours.

  7. The Service provides links to other websites by allowing you to leave this Service to access third-party material or by bringing third-party material into this Service via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that a Provider has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

  8. Provider does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Service by any party other than Provider; (b) any content provided on Linked Sites; (c) any content provided on a blog; or (d) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will the Provider be liable for any loss or damage caused by your reliance on information obtained through the Service or a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

  9. All content, products, and services on the service, or obtained from a site to which the service is linked are provided to you “As is” without warranty of any kind either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Provider does not warrant that this service, its servers, or e-mail sent from this service are free of viruses or other harmful components. Provider is not liable for any damages of any kind arising from the use of this service, including but not limited to, direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. However, in no event shall the provider be liable for damages or losses exceeding the amount, if any, paid by the provider as a portion of the sale of products or services or a sum not over $100.00, whichever is less.

  10. The information, software, products, and descriptions of services published on the Service may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. The Provider does not warrant or represent that the content on the Service is complete or up-to-date. The Provider is under no obligation to update the content on the Service. The Provider may change the content of the Service at any time without notice. The Provider may make improvements or changes to the Service at any time.

  11. All applicable local, state and federal taxes, if any, are your sole responsibility as the Seller or Buyer of products or services from another user. These may include sales taxes based on the retail value of the product or services provided.
  12. You agree that Provider, its affiliates and any of their respective owners, members, officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Service or a Linked Site, or for the use of any images, photos, graphics, videos, blogs, information, or other materials provided by you, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Service.
  13. It is your exclusive obligation to maintain and control passwords of any property/entity ( website, Google business profile etc etc) involved in activities related to the service purchased. You are exclusively responsible for all activities that occur in connection with your shared accounts/entities/properties/assets. The Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your shared accounts/entities/properties/assets

  14. You agree to indemnify, defend, and hold harmless Provider, its affiliates and any of their respective owners, members, officers, directors, employees, volunteers or agents, and anyone involved in creating or providing the Service, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms Of Use and or the conditions from our refund/cancellation policy/privacy policy agreement or any activity related to your use of the Service or by any other person accessing the Services.
  15. Whenever possible, each provision of this Terms Of Use and or the conditions from our refund/cancellation policy/privacy policy agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Terms Of Use and or the conditions from our refund/cancellation policy/privacy policy agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Terms Of Use and or the conditions from our refund/cancellation policy/privacy policy agreement will be construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
  16. The Service is based in the state of Thailand. If you access the Service from outside Thailand, you are responsible for compliance with the laws of the jurisdiction where you access the Service. You acknowledge that you may not be able to access all or some of the Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries.
  17. Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of the State of Thailand, and applicable law without regard to conflicts of laws principles. You agree that any dispute arising from the use of this Service shall be submitted to binding arbitration by a single arbitrator appointed in accordance with local rules. Judgment upon any award rendered in any such arbitration may be entered in a court of competent jurisdiction. This Section shall not limit either party’s right to obtain any provisional or equitable remedy, including, without limitation, injunctive relief, from any court of competent jurisdiction, as may be necessary in the sole judgment of such party to protect its rights hereunder.
  18. If you have any questions about these Terms Of Use, please contact us at marketplace@gmbcrush.com