Customer Terms of Service for Spendilly Marketplace
Welcome to Spendilly (“we,” “us,” or “our”), an online marketplace that allows vendors to sell art-centric products to consumers. These terms of service (the “Terms”) govern your use of our website, mobile app, and online marketplace platform (collectively, the “Platform”).
To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a contract. By using the Platform, you represent and warrant that you meet these eligibility requirements.
To use certain features of the Platform, you may be required to register and create an account. You are responsible for maintaining the confidentiality of your account login information and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
Orders and Transactions
All orders for products on the Platform are processed through our secure payment gateway. You are responsible for paying the price for the products you purchase, as set by the vendor. We will collect a commission on each sale made through the Platform, as determined by us in our sole discretion.
Shipping and Delivery
The vendor is responsible for arranging for the shipping and delivery of their products to you. You must provide accurate shipping and delivery information to the vendor and must ensure that you are available to accept delivery of your products. We are not responsible for any delays or issues with shipping or delivery that are caused by the vendor.
Returns and Refunds
The vendor is responsible for setting their own policies for returns and refunds and for handling any requests for returns or refunds that you may make. We are not responsible for any returns or refunds that are made by the vendor to you.
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attempt to ensure that the information provided on the Platform is accurate and up-to-date. However, we make no representations or warranties of any kind, express or implied, as to the completeness or accuracy of the information provided on the Platform. You should review the vendor’s product listings and policies carefully before making a purchase.
If you have a dispute with a vendor regarding a purchase made through the Platform, we will try to assist you in resolving the issue to the best of our ability. However, we are not responsible for any disputes between you and the vendor, and you hereby release us from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
Disclaimer of Warranties
The Platform is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. We do not warrant that the Platform or any content will be error-free or uninterrupted.
Limitation of Liability
We will not be liable for any damages of any kind arising from the use of the Platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
You agree to indemnify and hold Spendilly and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform, your violation of these Terms, or your violation of any rights of another.
These Terms and your use of the Platform will be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law.
Any dispute arising out of or relating to these Terms or the Platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [City], [State].
These Terms constitute the entire agreement between
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you and Spendilly and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Modification of Terms
We reserve the right to modify these Terms at any time, and any changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after any changes have been made will constitute your acceptance of the revised Terms.