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(Last Updated April 29th, 2020)

Merchantile.co GDRP

  1. General

Welcome to Merchantile.co website

This website has been created to comply with the general data protection regulation (GDPR) that was enforced on May 25, 2018, and the new law on data protection that will be enforced henceforth, Merchantile. Privacy policy and Merchantile terms of service will be revised.

This Merchantile.co agreement – terms of service sets forth the conditions on which we will provide the services offered through the website (“the website”). 

Please read very carefully all of the following terms and conditions for use of the site. By accessing and/or using the site, you are agreeing to be bound by all of the following terms of use and privacy policy

The Terms and Conditions attached hereto (The” Agreement”) is entered into with Merchantile, and Merchantile.co a registered company in Arizona USA with business address at 3965 N Brown Ave. Scottsdale Arizona 85251 (“Merchantile”), and the Legal entity as set forth in the Order Form (The “User and vendors”), (each a “Party”, together the “Parties”). Together with the Terms and Conditions attached hereto, this Agreement governs the access to and use of Merchantile’s Marketplace website, and related services (The “Platform”). Any Terms used but not defined herein will have the meaning assigned to them in the Order Form.

Any action by a vendor to avoid paying a fees is strictly prohibited by Merchantile.co. This includes encouraging buyers to purchase an item in your Merchantile shop through another venue. A transaction initiated on Merchantile.co may not be completed off of Merchantile.co. The price stated in each listing description must be an accurate representation of the sale.

  1. General
  2. Legal contract
  3. Grant by Merchantile
  4. Product Order Terms
  5. Merchantile Marketplace
  6. Product Description
  7. User Eligibility
  8. Permission to use the website
  9. Site Availability
  10. The User
  11. Individual
  12. ‘Vendor or Corporate Entity’ 
  13. Account 
  14. Privacy Policy 
  15. Use of Site Content
  16. Cost and Fees
  17. Commission per sale
  18. User Conducts and Responsibilities.
  19. Vendor or Corporate Entity Content Policy
  20. User Submissions
  21. Acceptable Use Policy
  22. Prohibited Selling Policy (for Vendors)
  23. Termination and Suspension
  24. Intellectual property
  25. DMCA Notice Of Copyrights Infringers
  26. Exclusion of Liabilities
  27. Limitation of Liability
  28. Protection Of Personal Data
  29. Indemnify Us
  30. Release
  31. Advertising 
  32. Payments Policy
  33. Refunds, Exchanges and Related
  34. Shipping Your Items
  35. Tax 
  36. Links to Third Party Websites
  37. Waiver; Remedies:
  38. Assignment
  39. Content Feeds
  40. Cookies Policy
  41. Electronic Communications form
  42. Children’s Privacy Policy (COPPA)
  43. Your California Privacy Right (CALOPPA)
  44. No Reliance
  45. General Requirements
  46. Protecting Personal Data (PIPEDA)
  47. Your feedback
  48. Our GDPR Obligations
  49. Dispute Resolution; Binding Arbitration
  50. No Representative Actions
  51. Arbitration of Disputes
  52. Information And Privacy Statement.
  53. Changes to terms of service
  54. Copyright License
  55. Data protection policy
  56. Governing Law and Jurisdiction
  57. Contact Us

Legal Contract

By using the Services, you state that, (a) you form a binding contract with Merchantile and Merchantile.co;(b) you will comply with these Terms and all applicable local, state, and national laws, rules, and regulations; and (c) you understand that Merchantile.co is protected by relevant trademark and copyright laws.  If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. 

  1. Grant by Merchantile.

Merchantile.co grants the User and vendor a limited, non- transferable, non-sub licensable license to access and use the Platform to 

  1. Create a vendor account to list and sell goods and items and 
  2. Create a user account to search and purchase products of interests, and
  3. Access to Merchantile’s trendy products, such as home décor, clothing, beauty and kitchen gadgets, and allowing user and vendors to create an account during the Term of this Agreement (the “account registration”).

The Merchantile.co marketplace includes any changes to the Platform made available to the User and vendor by Merchantile.co at no additional cost (an “Update”). Updates are applied automatically to the Platform. 

  1. Product Order Terms

Your purchase of any goods or products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.

  1. Merchantile Marketplace

At Merchantile.co, we’re more than just an eCommerce shop – we’re a comprehensive online marketplace that brings together small businesses throughout the United States and passionate people who are searching the latest and greatest. With unique, modern, and trendy products that range from home décor to clothing, beauty, and anything in between, we’re a marketplace specifically designed for small business lovers.

  1. Merchantile.co operates marketplaces that allow Vendors and users to share information and complete purchases. Vendors are responsible for their stores, their items, their item listings (including any original or strike-through prices), and fulfillment of your order. Vendors may be located in your state within the U.S. 
  2. If you decide to chose a name associated with your account as a user or vendor, you may choose and appropriate name or store name; you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  3. Although we are not a party to the contract formed between you and a Vendor when you make a purchase, we may assist with payment processing, returns, refunds, and other customer service. Merchantile.co does not guarantee (i) the existence, quality, safety, suitability, or legality of Vendor items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Vendors; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Vendors or other third parties. Except if we clearly indicate otherwise, Merchantile does not endorse any Vendor, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider doing your own research prior to making a purchase.
  4. Merchantile publishes or makes available on the Merchantile Platform information, advertisements, product and service offers, products data, valuations, and links and other contents supplied by Merchantile, retailers and third parties (“Material”). Merchantile does not warrant, represent, authorize or endorse the reliability, accuracy or completeness of any such Material published on the Merchantile Platform or on any web site that links from the Merchantile Platform (including third party display advertisements).
  5. Merchantile.co does not and cannot provide any warranty in relation to any goods or services advertised for sale on the Merchantile Platform by third parties including, but not limited to, any representation or warranty that the goods or services are of vendorable quality, fit for the purpose intended, safe for the purpose intended, as described by the vendor or owned by the vendor.
  1. Product Description

Merchantile.co directs all vendors to try to be as accurate as possible. However, Merchantile.co does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by a vendor in Merchantile.co itself is not as described, your sole remedy is to return it in unused condition, depending if the vendors policy allows. Terms and Conditions apply

  1. User Eligibility

To access or use the website, you must be 13 years or older and have the requisite power and authority to enter into these terms. You may not access or use the website if you are a competitor of ours, have intentions of collecting or utilizing our content for your own purposes or if we have previously banned you from the website or closed your account.

You have to be at least 13 years old. No exceptions. Use Merchantile.co as much as you want, but you’re not allowed to resell the information, or other contents obtained, through the website. If you register an account with us, you will be responsible to keep the login information secret. You’re responsible for anything that happens using your account.

You are not permitted to use the Services if: (a) You cannot enter into a binding contract with Merchantile; (b) You are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department’s list of Specially Designated Nationals; or (c) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.

  1. Permission to use the website

We grant you permission to use the website subject to the restrictions in these terms. Your use of the website is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

  1. Site availability

The website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  1. The User 

The User may either be an Individual or buyer as defined herein below, and includes any person browsing and/or viewing the Sites, as well as making a purchase.

  1. ‘Individual’

The Services are available only to individuals who are 13 years or above of age and are capable of entering into a legally binding agreement under USA law.

  1. ‘Vendor or Corporate Entity’  

The Services are available to vendors, companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement

  1. Account

In order to access the Site, the User and vendors is required to create an account, (User Account or Vendor Account) they will be required to provide current, accurate identification, contact, and other information (‘User and vendors Information‘) as part of the account registration process and/or continued usage of the Site offered by Merchantile and its subsidiaries or affiliated companies. “User and vendors Information” referred to herein above also includes but is not limited to any information provided by the User and vendors to Merchantile or to other Users of the site.

Furthermore, the User and vendor’s Information, account details and ID provided during time of registration may not be transferred or sold to another party.

The User and vendors is responsible for maintaining the confidentiality of their account and password and for restricting access to their devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. The User and vendors agrees to accept responsibility for all activities that occur under the User and vendors’s account or password.

Merchantile reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in Merchantile’s sole discretion.

  1. Privacy Policy 

Our Privacy Policy provides information regarding how we collect, use, and disclose your personal information. By creating an account, viewing items, making a purchase or otherwise using the Services, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy

  1. Use of Site Content

Merchantile grants the User and vendors a limited license to access and make use of the Sites’ content (“Site Content”) and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of Merchantile.

This license does not include:

  1. any collection and use of any product, descriptions, or prices; or
  2. any derivative use of the Sites or the Site Contents; or
  3. any downloading or copying of account information for the benefit of another vendor; or
  4. any use of data mining, robots, or similar data gathering and extraction tools.

Other than for the purposes for which the Services are intended, the Sites or any portion of the Site Content or any portion of Merchantile Platform sites or site content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Merchantile.

The User and vendors may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Sites without Merchantile’s express written consent.

The User and vendors may not use any Meta tags or any other “hidden text” utilizing the Sites’ name or trademarks without the express written consent of Merchantile.

For the avoidance of doubt, any unauthorized scrapping of data from the Sites by a User and vendors will be subject to a penalty. Any unauthorized use immediately terminates the permission or license granted by Merchantile.

  1. Costs and Fees

It is currently free to access and browse the Merchantile Marketplace site and other aspects of the Services. However, you may choose to purchase items through the Services, and you alone will be responsible for paying the purchase price of any items you buy, in addition to any taxes and shipping costs. Merchantile.co may limit or cancel quantities of items purchased, and it reserves the right to refuse any order. In the event Merchantile.co needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific 15% sales commissions, use, or value-added taxes, and the shipping time and associated cost may increase accordingly. As tax rules evolve, Merchantile.co may calculate and collect taxes applicable to some purchases.

Merchantile.co reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of items. You shall pay all such fees, as described on the website or Marketplace in connection with such Services selected by you. Merchantile.co reserves the right to change prices and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

  1. Commission per sale

Merchantile.co will receive 15% commission from the vendor for every sale on the Marketplace.

  1. User Conducts and Responsibilities. 

You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: 

  1. copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; 
  2. using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Site in a manner that sends more request messages to servers than a human can reasonably produce in the same period of time by using a conventional online web browser; 
  3. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; 
  4. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; 
  5. uploading invalid data, viruses, worms, or other software agents through the Site; 
  6. collecting or harvesting any personally identifiable information, including account names, from the Site; 
  7. using the Site for any commercial solicitation purposes; 
  8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or 
  9. bypassing the measures we may use to prevent or restrict access to the Services.
  1. Vendor or Corporate Entity Content Policy

We do not claim ownership of Vendor-generated content and material provided to us in connection with the Services (collectively “Vendor Content”). By submitting any Vendor Content, you grant to Merchantile and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Vendor Content, as well as your name, persona and likeness included in any Vendor Content and your social media account handle, user and vendors name, real name, profile picture and/or any other information associated with the Vendor Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Vendor Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Vendor Content. Merchantile retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Vendor Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Vendor Content.

By submitting Vendor Content, you represent and warrant that 

  1. you own or control any and all rights in and to the Vendor Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; 
  2. you have obtained permission from any individuals that appear in the Vendor Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; 
  3. you are 13 years of age or older; and 
  4. the Vendor Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Merchantile, you will furnish Merchantile any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the Vendor Content and you hereby agree to indemnify and hold Merchantile and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Merchantile has the absolute right to remove and/or delete without notice any Vendor Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Merchantile for such removal and/or deletion. Merchantile is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.

  1. User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is a “User Submission.” User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.

For all User Submissions, you hereby grant Merchantile a royalty-free, perpetual, non-exclusive, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present, display or perform such User Submission in accordance with your preferences.

If you choose to submit User Submissions, Merchantile will consider such Submissions to be non-confidential and non-proprietary. Merchantile shall have no obligations concerning the User Submissions, and Merchantile will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner, without any restriction or compensation to you.

  1. Acceptable Use Policy

The following sets forth Merchantile.co “Acceptable Use Policy”:  You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content 

  1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 
  2. that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; 
  3. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  4. that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; 
  5. that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or 
  6. that constitutes 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; 
  7. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Prohibited Selling Policy (for Vendors)

This policy is a part of our Terms of Use to be a vendor on the Merchantile.co Marketplace. By opening an Merchantile.co store, you’re agreeing to this policy and our Terms of Use. The following types of items are prohibited or restricted on Merchantile.co:

  1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs 
  2. Animal Products and Human Remains
  3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons 
  4. Hate Items: Items that Promote, Support, or Glorify Hatred 
  5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items 
  6. Internationally Regulated Items 
  7. Pornography and Mature Content 
  8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our Marketplace. Because we are a creative marketplace, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses. In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples above of what is allowed on Merchantile.co. We reserve the right to remove listings that we determine are not within the spirit of Merchantile.co. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.

  1. Termination and Suspension

Merchantile reserves its right to immediately suspend or terminate its service to the User and vendors without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.

  1. Intellectual Property

Merchantile retains all right, title and interest in the platform, the Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our website must appear on all copies you print. Other non-Merchantile product, service, or Merchantile designations on our website belong to those respective third parties and may be mentioned in our website for identification purposes only. You should contact the appropriate vendor (store owners) for more complete information regarding such information and their product description. Your use of and access to our website does not grant you any license or right to use any of the marks included on our website.

  1. DMCA Notice Of Copyrights Infringers

If you believe any of the services violate your copyright, please notify our copyright agent by email in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

  1. Provide your physical or electronic signature;
  2. Identify the copyrighted work that you believe is being infringed;
  3. Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
  4. Provide us with a way to contact you, such as your address, telephone number, or email;
  5. Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
  6. Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent: support@merchantile.co

  1. Exclusion of Liabilities

To the full extent allowed by applicable law, in no event shall Merchantile, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:-

  1. any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
  2. other User and vendors’ content, actions or inactions, or items/ goods/ services that the other User and vendors listing; or
  3. the quality, safety, suitability or legality of the items/ goods/ services advertised, the truth or accuracy of User and vendors’ content or store, the ability of vendors to sell such items/ goods/ services, the ability of buyers to pay for such items/ goods/ services, or that a buyer or vendor will actually complete a transaction; or
  4. any loss of goodwill or reputation; or
  5. any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
  6. any liability at common law; or
  7. any bugs, viruses, trojan horses, attack, interference, hacking, or other security intrusion or the like which may be transmitted to or through the Site or by any third party; or
  8. in any other way.

Merchantile is not involved in the actual transaction between buyers and vendors. Merchantile does not transfer legal ownership of items/ goods/ services from the vendor to the buyer, and nothing in this Agreement shall modify the local jurisdiction, under which legal ownership of an item is transferred when the parties (i.e., vendor and buyer) intend to transfer such legal ownership. Merchantile cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of Merchantile’s control.

For avoidance of doubt, Merchantile is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their platforms and equipment

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCHANTILE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MERCHANTILE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCHANTILE 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 OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) VENDOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MERCHANTILE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. Merchantile 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 entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1. Protection Of Personal Data

Protection of personal data of Merchantile’s User and vendors matters and Merchantile has a well-defined privacy policy. Please refer to Merchantile’s personal data protection notice and privacy policies to understand how Merchantile uses and protects the personal data of its User and vendors. The User and vendors is deemed to have understood and agreed to such usage and accepted all privacy policies of Merchantile 

  1. Indemnify Us

Subject to these terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these terms or the agreements made part of these terms by reference, your breach of any applicable law, and your use of or access to our website, our paid services or the intellectual property.

  1. Release

In the event that one User has a dispute, claim and/or action against one or more other vendor, the User hereby agrees to release Merchantile, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes

  1. Advertising 

Merchantile runs advertisements and promotions. By using the Sites, the User and vendors agrees that Merchantile has the right to run such advertisements and promotions on the Sites. The manner, mode and extent of advertising by Merchantile are subject to change. The User and vendor’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and vendors and such advertiser.

The User and vendors agrees that Merchantile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

  1. Payments Policy 

Merchantile.co Payments allows buyers and vendors to use various forms of payments on Merchantile.co, and other services to complete a Transaction of purchase. Vendors are implored to provide buyers their accepted means of payment on their store to foster a safer and fraud free transaction of purchase on the Merchantile.co, Marketplace. 

Buyers who wish to make a purchase on the Merchantile.co marketplace can pay with any provided payment method offered by the store owner (vendor) (where available), all in their domestic Merchantile.co Payments currencies. 

  1. Refunds, Exchanges and Related

We want you to be satisfied with your purchase on the Services. If you have a problem with an order or purchase, please contact us as described in the Refund & Returns Policy. You agree that: (i) Merchantile.co may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of an item listing or the item’s delivery or condition; and (ii) if you wish to pursue any other remedy, you must seek that remedy directly from the applicable Vendor. If you accept a refund, your ability to seek another remedy from the applicable Vendor may be affected.

Except as described in the Refund & Returns Policy, Merchantile.co cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to Merchantile.co, such as customs, taxes as well as any return shipping costs you may incur in the refund process.

  1. Shipping Your Items

Vendors are responsible for shipping their sold items to buyers. Vendors will have their own shipping policies, however shipment of purchase items must be shipped to the customer within the store owner policy timeline, and if a vendor did not ship the item at the set down timeline, then the buyer can submit a shipment Dispute to Merchantile.co, we will review your request and investigate and resolve your dispute. Please email support@merchantile.co 

 If you’re (vendor) using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders. 

  1. Taxes.

The Fees do not include any taxes, duties or similar assessments of any nature that may be imposed on the marketplaces (“Taxes”). User and vendors is responsible for paying all Taxes. Merchantile will use commercially reasonable efforts to list Taxes as a separate line no on each invoice.

  1. Links to Third Party Websites

The Sites may contain links and/or references to other websites (‘Third Party Websites‘). Merchantile shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites (which are not investigated, monitored or checked for accuracy or completeness by Merchantile).

Inclusion of and/or reference to any links or internet addresses on the Sites do not imply approval or endorsement of those sites by Merchantile. In the event the User and vendors decides to leave the Sites and access Third Party Sites, the User and vendors does so at his/her own risk.

  1. Waiver; Remedies: 

The failure of Merchantile to partially or fully exercise any rights or the waiver of Merchantile of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Merchantile or be deemed a waiver by Merchantile of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Merchantile under these Terms and Conditions and any other applicable agreement between you and Merchantile shall be cumulative, and the exercise of any such right or remedy shall not limit Merchantile’s right to exercise any other right or remedy.

  1. Assignment 

The contract of which these conditions form part is personal to the user and vendors who shall not assign the benefit thereof without written consent. 

  1. Content feeds

We make some of the website content (“feed content”) available via real simple syndication and atom feeds (“feeds”). You may access and use the feeds in order to display feed content on your personal computer, website, or blog (“your website”), provided that (i) your use of the feeds is for personal, non-commercial purposes only, (ii) your display of the feed content links back to the relevant pages on our websites, and attributes us as the source of the feed content, (iii) your use or display of the feed content does not suggest that we promote or endorses any third party products, causes, ideas, websites, products or services, including your website, (iv) you do not redistribute the feed content, and (v) your use of the feeds does not overburden our systems. We reserve all rights in the feed content and may terminate the feeds at any time.

  1. Cookies Policy

Our sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently. 

Some of the cookies we use are essential for our sites to function correctly – for example remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social platforming sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

  1. Electronic Communications form

For contractual purposes, you (a) consent to receive communications from Merchantile in an electronic form via the email address you have submitted; and (b) agree that all terms and condition, agreements, notices, disclosures, and other communications that Merchantile provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

Merchantile may also use your email address, to send you other messages, including information about Merchantile features and special offers. You may opt out of such email by changing your account settings or sending an email to 

Opting out may prevent you from receiving messages regarding Merchantile services or special offers

  1. Children’s Privacy Policy (COPPA)

Merchantile respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide Merchantile services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian. 

  1. Your California Privacy Rights (CALOPPA)

Under California Civil Code Section 1798.83, California residents have the right under certain circumstances to receive, once per calendar year, information about third parties with whom we have shared information about you or your family for the marketing purposes of those third parties during the previous calendar year, a description of the categories of personal information shared, and a description of the nature of the business with whom it was shared.

To make such a request, please call or, send an email. Please include the phrase “California Privacy Request” in the subject line of any email request. Please also identify the domain name of the website you are inquiring about and include your name, email address, and mailing address in any request.

We will respond to you within a reasonable time of your request.

  1. No Reliance

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind. 

  1. General requirements

We may change the site and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all user and vendors, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) and/or, if you are a registered user and vendors, by cancelling your account and your access to your account.

Nothing contained in these terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these terms. We may assign our rights and duties under these terms without such assignment being considered a change to the terms and without notice to you, provided your rights under these terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site, including—without limitation

  1. Protecting Personal Data (PIPEDA)

By using the Website covered by this Agreement, the User and vendors agrees to the collection and processing of personal data used in this website for the purposes of private security services and facilities management. As a result, the User and vendors authorizes Merchantile and its subcontractors to collect and process this data in accordance with the legal, regulatory and European provisions, (hereinafter “GDPR”) and the Data Protection Act. To this end, Merchantile’s Data Protection Officer (DPO) who constantly ensures compliance of all personal data processing in progress within Merchantile.

In addition, pursuant to the GDPR and non-contrary provisions of the Data Protection Act, any natural person whose personal data is subject to processing is entitled to oppose the collection and processing of their personal data, the right of access to said data, rectification or erasure thereof (the right to be forgotten), the right not to be the subject of a decision based exclusively on automated data processing, including profiling, the right to limitation of processing of data concerning them, the right to have information about the persons to whom the data controller has transmitted personal data concerning them, as well as the right to portability of said data. They may exercise these rights by sending their request to eoin@Merchantile.ie accompanied by proof of their identity and their signature.

In addition, Merchantile certifies the following:

  • It implements appropriate technical and organizational measures to ensure and be able to demonstrate that the processes are carried out in accordance with the GDPR Regulation when it acts as data controller.
  • It provides sufficient guarantees as to the implementation of appropriate technical and organizational measures so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question when acting as a subcontractor.
  • In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question
  • Lastly, Merchantile undertakes to implement appropriate technical and organizational measures to retain personal data for the duration stipulated depending on the nature of said data.

Merchantile.co is committed to protecting the privacy of your personal information and that of our customers. By using the Merchantile Services, You acknowledge and agree that Merchantile collection, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide Merchantile Services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation, Merchantile’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

If Merchantile Website is involved in the communication for a Merchantile Services agreement between the user and vendors and Merchantile, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the platform contact us page.

  1. Your feedback

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Merchantile products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Merchantile. Furthermore, by submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise

  1. Our GDPR obligations

We undertake to:

  • Process the personal data within the services specified in this terms only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data; 
  • Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions; 
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 
  • Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject’s rights; 
  • Assist you in ensuring compliance with the obligations pursuant to articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to us; 
  • At your choice, delete or return all the personal data to you after the end of the provision of services relating to processing, and delete existing copies unless applicable law requires storage of the personal data; 

Make available to you information necessary to demonstrate our compliance with the obligations laid down in this terms.

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Merchantile and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions

You and Merchantile agree that any dispute arising out of or related to these Terms or our Services is personal to you and Merchantile and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  1. Arbitration of Disputes

Except for small claims disputes in which you or Merchantile seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Merchantile seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Merchantile waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Merchantile or relating in any way to the Services, you agree to first contact Merchantile and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Merchantile.co by email at support@Merchantile.co The Notice must 

  • Include your name, residence address, email address, and telephone number; 
  • Describe the nature and basis of the claim; and 
  • Set forth the specific relief sought. 

Our notice to you will be similar in form to that described above. If you and Merchantile cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Merchantile agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Merchantile, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Merchantile will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to support@Merchantile.co In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.

  1. Information And Privacy Statement. 

Merchantile has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see Merchantile’s Privacy Statement, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to Merchantile’s Privacy Statement and, if you’re located in the European Union, you expressly consent that Merchantile may transfer, process and store your personal data within and outside the European Union.

  1. Changes to terms of service

You can review the most current version of the terms of service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

  1. Copyright license

Copyright (c) 2020 (s) of Merchantile.co first publication

Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Merchantile Marketplace and the material on our website; and

All the copyright and other intellectual property rights in Merchantile Marketplace and the material on our website are reserved.

  1. Data protection policy

This policy intends to provide the visitors of (hereinafter: website) with clear and detailed information on the manner their personal data are processed and, in particular, on the types of processed data, the legal basis of data processing and their rights and legal remedies related to the eu gdpr data processing  act. We process your personal data in accordance with our privacy policy 

  1. Governing law and jurisdiction

These terms and condition and your use of Merchantile website are governed by the United States of America and the City of Arizona Courts. Including that required by the European Union GDPR Regulation, each party shall apply to the City of Arizona Courts which holds the jurisdiction on the disputes without regard to conflict of law provisions.

Merchantile may assign or delegate these terms and condition and/or Merchantile privacy policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the terms and condition or privacy policy without Merchantile prior written consent, and any unauthorized assignment and delegation by you is void.

Any disputes relating to these terms and conditions shall be subject to necessary Arbitration.

  1. Contact us

If you have any questions about these terms & condition, also buyers who wish to submit a claim or complaints after trying to resolve a problem with the vendor can send us a message via our contact us option on the site. We will respond to your complaints within 24 to 72 hours. We will investigate the problem and help with a resolution

please contact us at email: support@merchantile.co