Make It Mine

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Make It Mine

Terms & Conditions

Introduction

The Merchr Hub (“Merchr” or “Hub”) is operated by Merchr Limited, company number 13448614. Throughout the site, the terms “we”, “us” and “our” refer to Merchr Limited. Merchr Limited offers the Merchr website, Merchr Hub, Merchr-managed websites, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, agreements, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available via link.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, store owners, customers, supply partners, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Hub shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Merchr is a platform which allows anyone to profit from what they publish. Users can sell pre-designed products, create designs, add designs to products and sell their designed products. Users can purchase physical products through Merchr, who will facilitate the printing and shipping or dropshipping of the products to the “End Customer”.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.

Our service

Merchr provides a range of services which, amongst other things, enable you to publish, sell, discuss and purchase content & items; interact with other Users; and receive the benefits of Merchr’s facilitation of product fulfilment, including payment processing, customer services, third party product manufacturing. In addition, Merchr will arrange the fulfilment of the product to your customer.

The digital content on the website (“your content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online.

If you or a customer decide to place an order, then Merchr will forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (“the product”).

Offers

Merchr’s base subscription will be free of charge. However, Merchr may offer additional or upgraded services for a fee. If you subscribe to fee-based services, you will be required to provide Merchr with your credit card information. We will bill your credit card for the fees of the service plan or usage you selected at registration or to a default service plan for subscribers selected by Merchr. All services, including any upgraded or other fee-based services, are subject to these Terms or another agreement specific to those additional services.

Account

To access and utilize the Service you must establish a User Account. To establish a User Account, you must complete a registration process by providing Merchr with current, complete and accurate information as prompted by the registration form. In registering for the Service, User agrees that User will submit accurate, current and complete information and promptly update such information as appropriate. Should Merchr suspect that any User information is not accurate, current or complete, Merchr reserves the right to suspend or terminate User’s usage of the Service. Each User must choose a personal, non-transferable password.

You are solely responsible for any and all activities that occur under your User Account, including ensuring that you exit or log-off from the Service at the end of each session of use and ensuring that you have all necessary rights in and to the content submitted to the Service under your User Account. You shall notify Merchr immediately of any unauthorized use of your User Account or any password or any other breach of security that is known or suspected by you. User agrees to indemnify and hold Merchr harmless against any claim and/or liability resulting from User’s failure to comply with the responsibilities set forth in this Section.

Merchr assesses an unauthorized user fee of £1,000.00 for each unauthorized use of the Site, Services, and data and/or materials contained within or on the Site. You will also be responsible for paying any legal fees incurred by Merchr in seeking such unauthorized user fees. Unauthorized use includes any use by you that violates these Terms.

Content

As a User, you may submit Content to the Service, including user comments. You understand that Merchr does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Merchr all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the Terms.

You own your Content and all intellectual property rights in your Content. You hereby grant Merchr and Our affiliates a worldwide, non-exclusive, sub-licensable and transferable licence to host, store, cache, use, display, distribute, display, publish, transmit, analyse, modify, adapt and edit your Content for the purposes of operating, developing and providing the Services. This license exists only for as long as such Content is on Merchr’s online platform and will automatically terminate when either You or Merchr remove such Content from the online platform. If Merchr wishes to use your Content for the purposes of publicising or promoting Merchr or the Services, Merchr shall request for Your prior consent to extend the licence under this clause to include use of the relevant Content for such publicity or promotion.

The licence granted above includes a right for Merchr to make Your Content available to, and pass these rights along to, other service providers with whom We have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Merchr all of the license rights granted herein.

Merchr does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Merchr expressly disclaims any and all liability in connection with Content. Merchr does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Merchr will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Merchr reserves the right to remove Content without prior notice for any reason.

Content which is prohibited by the platform is:

  • Copyrighted Material
  • Child Exploitation
  • Harassment, Hate Bullying, Defamation and Threats
  • Illegal Activities
  • Copyrighted Artwork
  • Personal and Confidential Information
  • Self-Harm
  • Terrorist Organisations
Products and Third Party Services

You acknowledge that Merchr may enable or assist you in accessing, interacting with and/or purchasing Products from Supply Partners via Third Party Services. Access to Products, Third Party Services, and Supply Partners is made available only as a convenience, and your purchase, access or use of any Third Party Services or Products is solely between you and the applicable Supply Partner. Any use by you of Third Party Services or Products made available through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Products, Third Party Services or Supply Partners before engaging them. Merchr reserves the right to cease providing access via the Services to any Supply Partner, Products, or Third Party Service at any time, without entitling you to refund, credit or other compensation.

As the provider of the Merchr Hub, and unless otherwise notified, Merchr does not purchase, sell, resell, provide, control, manage, offer, deliver, supply or Dropship any Products. If an End User orders a Product to be Dropshipped by a Supply Partner, Store Owner and Supply Partner are entering into a contract directly with each other. Additional terms required by a Supply Partner may be notified by Supply Partner through the Merchr Hub, or as otherwise communicated between Store Owner and Supply Partner. Merchr is not and does not become a party to or other participant in any contractual relationship between Store Owners and Supply Partners. Merchr is not acting as an agent in any capacity for any Store Owner nor for the Supply Partner.

Users must not request, make or accept any payment outside of the Merchr Platform. If Merchr connects a Customer to a Supplier and a transaction is made off-platform, a fee of £25.00 + 20% of the product price + VAT (as applicable) per product shall be payable as an introduction fee.

Merchr reserves the right to add, edit and remove products from the Hub and/or Store Owners’ websites without notice to account for supply restrictions or limitations.

If a particular product is not available from a Supply Partner at the point at which it is ordered, best endeavours will be made to find the most comparable product which will be supplied instead, following a strict quality assurance criteria.  If the product or a comparable product is not available, the order will be cancelled and the Customer refunded and notified.

Payment of Fees for Externally Hosted Stores (Shopify/WooCommerce Plugin)

When someone places an order on a Store Owners’ site, the Store Owner must pay to Merchr a “Cost Price” prior to the product being printed. The Cost Price includes a platform “Processing Fee” and tax at the applicable rate. The Cost Price can be paid via a card on file (“Stored Card”), from a pre-paid account balance, or by invoice.

Merchr may also offer a Service for monthly, quarterly or annual fees (the “Fees”) which you will pay to Merchr by authorized credit card or, if agreed to by Merchr, by bank transfer. The Fees applicable for the Service, storage and download usage are available as published within the Service. Merchr reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided to us). Your authorized credit card will automatically be charged Fees on the 1st of the month or the expiration of the initial trial period, if any, whichever is earlier. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on or about the 1st of each month. In the event you cancel the Service, Merchr will not refund any Fees already paid by you.

Your Customer Account will be considered delinquent if you or your credit card company fails to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Your Customer Account may be suspended, archived or purged from the Service if your account is delinquent for more than 30 days. Merchr may impose a charge to restore archived data from delinquent accounts.

If you believe Merchr has billed you incorrectly, you must contact Merchr no later than 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Merchr’s Customer Support department.

Merchr may choose to bill through an invoice. Full payment for invoices issued in any given month must be received by Merchr thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1% per month on any outstanding balance or the maximum permitted by law, plus all expenses of collection.

Please remember that Merchr bills you immediately for the extra features and/or usage you order. You may initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you may be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra features after payment has been made for the month, you will not be reimbursed for the days you did not use the features.

Commission Payments for Merchr Hosted Stores

Merchr agrees to pay a commission to Store Owners for each eligible product sold through the store hosted by the Merchant. The commission paid per order will be the difference between the selling price and the product, shipping & platform costs, excluding any refunds.

The commission payable per order (“Commission”) shall be determined as the difference between the selling price and the sum of the the product cost(s), shipping cost(s), and platform fees. The calculation will exclude any amounts attributed to refunds.

For clarity, the formula for Commission calculation is expressed as follows:

Commission = Selling Price − (Product Cost(s) + Shipping Cost(s) + Platform Fees)

Refunds and returns shall not be factored into the Commission calculation. Any refunded amounts or deductions arising from returns shall be expressly excluded from the calculation.

Currency and Accuracy: All monetary values used in the Commission calculation shall be denominated in the agreed-upon currency. In the event of any discrepancy or dispute concerning the accuracy of the Commission calculation, the parties shall engage in good faith efforts to promptly resolve the matter.

Payout Frequency: Commission payouts shall normally be made on a monthly basis.

Eligibility Criteria: Store Owners must adhere to the terms and conditions set forth by the Merchant to be eligible for commission payouts.

The Merchant reserves the right to withhold commission payments for any sales that are deemed fraudulent, in violation of the Terms of Service, or involve disputed transactions.

Payment Method: Commission payouts shall be made via electronic funds transfer to the bank account submitted by the Store Owner through the Hub.

The Merchant is not responsible for any fees associated with the chosen payment method.

Adjustments and Disputes: In the event of any disputes or discrepancies in commission calculations, the parties shall work together in good faith to resolve the matter.

Merchr reserves the right to make adjustments to commission payouts if errors or inaccuracies are identified.

Termination and Forfeiture: In the event of termination of this agreement, for any reason, the Store Owner shall only be entitled to receive commission payments for eligible sales made before the termination date.

Any commission payments owed to the Store Owner but remaining unpaid at the time of termination shall be forfeited.

Merchr reserves the right to modify the commission structure and payout terms with prior written notice to the Store Owner.

Taxes

You are responsible for paying any applicable taxes to your local taxing authority.

You are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).

Promotion Vouchers & Codes

You may receive a promotional voucher code (or referral code) which, when redeemed, will apply to your Merchr balance.

If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.

Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.

Promotional voucher codes cannot be re-used.

Promotional voucher codes have a cash redemption value of 0.001p and are not transferable.

Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion.

Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.

Certain Product Costs cannot be purchased with promotional voucher codes. Such Products are clearly marked on their respective product pages.

The issuing of promotional voucher codes may be restricted (for example, one per email address).

Outbound Communication from Merchr

If an order is placed through any means utilizing the Merchr platform, plugins, API or associated apps, Users hereby give their right for Merchr or a Supply Partner to contact the End Customer directly only for the purpose of fulfilling or managing an Order. For example, if an Item is out of stock or unavailable.

User Conduct and Restrictions

User may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Services and/or any other aspect of the Company’s technology. User shall not market, offer to sell, sell and/or otherwise resell the Service to any third party. User agrees, on behalf of itself and its Users, not to use the Service (a) in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) to transmit through or post on the Service unlawful, harassing, libellous, abusive, fraudulent, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way; (d) to transmit through or post on the Service any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots or the like; (f) to interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks including circumventing, disabling or otherwise interfering with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or Content; (g) to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through password mining or any other means; (h) to harass or interfere with another user’s use and enjoyment of the Service; (i) to submit to or store in the Service any Protected Health Information; (j) to make any representations with respect to Merchr or the Terms (including, without limitation, that Merchr is a warrantor or co-seller of any of User’s products and/or services); or (k) to use the Service for any of the following commercial uses without prior written approval of Merchr: (i) sale of access to the Service, or (ii) sale of advertising, sponsorships or promotions placed on or within the Service or Content. All judgments concerning the applicability of these restrictions and any responses to violations thereof shall be at the sole and exclusive discretion of Merchr; (l) access the Service for the purpose of building a competitive product or service or copying its features or user interface; (m) use the Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Merchr’s prior written consent;

If you engage in data mining, or any activity prohibited by this Section, you agree to pay Merchr the greater of (i) £1,000.00 for each violation of this Section and every time this Section is violated; (ii) £25,000.00; and/or (iii) actual damages sustained by Merchr; you also will be required destroy and all information copied or stored. In addition, Merchr reserves the right to pursue other remedies available to it at law or in equity, including seeking injunctive relief.

Merchr has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, Merchr reserves the right at all times to access, acquire, use, delete, monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and such action is considered to be authorized by you.

Termination

Merchr, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Content within the Service if you fail to comply with this Agreement.

Merchr will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Merchr reserves the right to decide whether Content violates the Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive file size. Merchr may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms.

Upon termination of this Agreement, you will immediately discontinue all access and use of the Service.

Inactive Account Policy

Merchr reserves the right to delete an account and its associated activity and data if it is deemed inactive.

Active Accounts – An account is considered active if it meets any of the following criteria:

  • The account holder logs into the Merchr Hub.
  • Products are added to a store in the Merchr Hub.
  • Sales are made through any of the Merchr stores, including self-orders.

Inactive Accounts – An account is deemed inactive if any of the following conditions are met:

  • No products have been added to a Merchr store within 6 months of account creation, and there has been no login activity in the Merchr Hub for a 6-month period.
  • There has been no login activity in the Merchr Hub for a 1-year period, and no sales have been made across its Merchr stores since account creation.
  • No sales have been made across its Merchr stores within 2 years of account creation.
  • There has been no login activity in the Merchr Hub for a 2-year period

Deletion of Inactive Accounts
Once an account is deemed inactive, all content and data associated with it may be deleted. Prior to deletion, Merchr will send multiple email notifications encouraging the account holder to log in and warning of the impending deletion.

Exceptions
Accounts with an outstanding balance or an active subscription will not be deleted regardless of inactivity.

Proprietary Rights

Except for the rights granted herein, you have no right, title or interest in or to the Service or any intellectual property rights related thereto, including the trademarks, service marks and logos used by Merchr. You agree that Merchr or its licensors retain all proprietary right, title and interest, including intellectual property rights, in and to the Services, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Merchr, its parents, its affiliates and their respective officers, directors, employees, attorneys, representatives, licensors, third-party providers and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Ability to Accept Terms and Service

You must be at least 18 years old and able to access and use the Service or to create a Merchr account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.

Disclaimer of Warranties

You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, merchr, its parents, its affiliates and their respective officers, directors, employees, attorneys, representatives, licensors, third-party providers and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Merchr makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any sites linked to the site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Merchr does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and merchr will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

The services are provided by merchr on an “as is” basis. Merchr does not represent or warrant that: (i) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet your requirements or expectations, or (iii) errors or defects will be corrected. All other conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by merchr.

Limitation of Liability

In no event shall merchr, its parents, its affiliates and their respective officers, directors, employees, attorneys, representatives, licensors, third-party providers and agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that merchr shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You and merchr agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Compliance with Laws

The Service is controlled and offered by Merchr from its facilities in the United Kingdom. Merchr makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Notwithstanding any other provision herein, we shall have the right to terminate any User account immediately upon the determination by us that User is not in compliance with UK laws, including UK export laws, intellectual property laws, or violates any government privacy and/or data protection laws.

User and all Users agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with their access and/or use of the Services under this Agreement.

Copyright Complaints and Removal Policy

Merchr reserves the right to delete or disable the accounts of Users who we believe to be infringing the intellectual property rights of others and to remove any such infringing materials. If you believe the Services have been used in a way that constitutes copyright infringement, please send a message to our Copyright Agent, providing all of the following information, as required by the Copyright Act:

  • A statement that you have identified content on the Service that infringes a copyright you own or the copyright of a third party for whom you are authorized to act;
  • A description of the copyrighted work you claim has been infringed;
  • A specific description of where the allegedly infringing material is located on the Services, including a URL or exact description of the content’s location;
  • your full name, address, telephone number and email address;
  • A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use);
  • A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  • Your electronic or physical signature (e.g. a scanned copy).

Please send your notice by email or regular mail to:

Attn: Copyright Agent
Merchr Limited
724 Holloway Rd
Archway
London
N19 3JD

Phone: +44 203 966 9212
Email: copyright@Merchr.com

Merchr also reserves the right to forward the information in the copyright-infringement notice to the User who allegedly provided the infringing content.

  1. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Merchr may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 15 business days or more after receipt of the counter-notice, at Merchr’s sole discretion.

Third Party Interaction; Links to Third Party Sites

In connection with your use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Merchr shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Merchr does not endorse any sites on the Internet that are linked through the Service. Merchr is providing these links to you only as a matter of convenience, and in no event shall Merchr be responsible for any content, products or other materials on or available from such sites.

Additional Terms

These Terms of Service, together with the Privacy Policy and any other legal notices published by Merchr, shall constitute the entire agreement between you and Merchr concerning the Service.

User and Merchr are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

User may not assign its rights or delegate its duties under the Terms either in whole or in part, and any such attempted assignment or delegation shall be void.

Neither party will be responsible for any delay, interruption or other failure to perform under the Terms due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers and other third parties; explosions and fires; embargoes, strikes and labour disputes; governmental decrees; and any other cause beyond the reasonable control of a party.

If at any time continued provision of the Service would compromise the security of the Service due, without limitation, to hacking attempts, denial of service attacks, mail bombs or other malicious activities, User agrees Merchr may temporarily suspend the Service.

Merchr may provide User with notice via e-mail, regular mail and/or postings on the Merchr website.

The failure of a party or Merchr in any one or more instance(s) to insist upon strict performance of any of the Terms will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).

If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the Terms, and the other provisions shall remain in full force and effect. In this case, the parties agree to comply with the remaining terms of the Terms in a manner consistent with the original intent of the Terms.

Captions and headings are used herein for convenience only. Captions and headings are not a part of the Terms and shall not be used in interpreting or construing the Terms.

The English language version of the Terms shall be the controlling version and is incorporated by reference into any translation of the Terms. Any translation or other language version of the Terms shall be provided for informational purposes only.

Pronouns contained in the Terms shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular. The word “including” shall mean “including, without limitation”.