Terms and Conditions 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 and conditions (the “Terms”) govern your use of our website, mobile app, and online marketplace platform (collectively, the “Platform”).
By using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Platform.
Eligibility
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.
Registration
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.
Vendor Requirements
To sell products on the Platform, you must be a vendor in good standing and must comply with these Terms and all applicable laws and regulations. You are solely responsible for the products you offer for sale on the Platform, including ensuring that the products are accurately described, are of sufficient quality, and are available for delivery to the purchaser.
Product Listings
You may list products for sale on the Platform through your vendor account. You are solely responsible for the content of your product listings, including the accuracy and legality of the information you provide. We reserve the right to remove any product listings that violate these Terms or that we determine, in our sole discretion, are inappropriate for the Platform.
Orders and Transactions
All orders for products on the Platform are processed through our secure payment gateway. You are responsible for setting the prices for your products and for collecting payment from customers. We will collect a commission on each sale made through the Platform, as determined by us in our sole discretion.
Shipping and Delivery
You are responsible for arranging for the shipping and delivery of your products to customers. You must provide accurate shipping and delivery information to customers and must ensure that your products are delivered in a timely and satisfactory manner. We are not responsible for any delays or issues with shipping or delivery that are caused by you.
Returns and Refunds
You are responsible for setting your own policies for returns and refunds and for handling any requests for returns or refunds that you receive from customers. We are not responsible for any returns or refunds that are made by you to customers.
Intellectual Property
The content on the Platform, including text, graphics, images, and software, is the property of Spendilly or its licensors and is protected by copyright and other intellectual property laws. You may not use any content on the Platform for any commercial purpose without the express written consent of Spendilly.
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
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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.
Indemnification
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.
Governing Law
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.
Dispute Resolution
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].
Entire Agreement
These Terms constitute the entire agreement between 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.