Terms and Conditions
Last Updated: January 2024
1. Agreement to Terms
Welcome to Merchant & Trade Co. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Merchant & Trade Co. ("Company", "we", "us", or "our") governing your access to and use of the your-domain.com website and all related services (collectively, the "Service").
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Service.
2. Definitions
For the purposes of these Terms:
- "Service" refers to the website, applications, and services provided by Merchant & Trade Co.
- "Content" means all text, graphics, images, data, and other materials available through the Service.
- "User Content" refers to any content submitted, posted, or transmitted by users.
- "Account" means the unique account created for you to access our Service.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years of age to use our Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.
3.2 Account Security
If you create an account with us, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breaches
- Providing accurate, current, and complete information during registration
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
4. Permitted Use and Restrictions
4.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for personal or commercial purposes in accordance with these Terms.
4.2 Prohibited Uses
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for any fraudulent, unlawful, or unauthorized purpose
- Transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Service or servers
- Collect or harvest information about other users without consent
- Impersonate any person or entity or misrepresent your affiliation
- Use automated systems (bots, scrapers) without our written permission
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Remove or modify any proprietary notices or labels
5. Intellectual Property Rights
5.1 Our Intellectual Property
All Content, features, and functionality of the Service, including but not limited to text, graphics, logos, images, software, and compilation thereof, are the exclusive property of Merchant & Trade Co. or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Trademarks
Merchant & Trade Co., our logo, and any other product or service names, logos, or slogans that may appear on the Service are trademarks of Merchant & Trade Co. and may not be used without our prior written permission.
5.3 User Content License
By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Service.
5.4 Copyright Infringement
We respect intellectual property rights. If you believe any content infringes your copyright, please contact us with detailed information including identification of the copyrighted work and the infringing material.
6. Orders, Pricing, and Payment
6.1 Product Information
We strive to provide accurate product descriptions and pricing. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free.
6.2 Order Acceptance
We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent or unauthorized transactions.
6.3 Pricing
All prices are subject to change without notice. Prices include applicable taxes unless otherwise stated. We reserve the right to correct pricing errors.
6.4 Payment Terms
Payment must be received before order fulfillment. We accept various payment methods as indicated on our Service. You represent and warrant that you have the legal right to use any payment method provided.
7. Disclaimers and Warranties
7.1 "As Is" Basis
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
7.2 No Warranty
We do not warrant that:
- The Service will meet your requirements or expectations
- The Service will be uninterrupted, timely, secure, or error-free
- Results obtained from the Service will be accurate or reliable
- Any errors or defects will be corrected
7.3 Third-Party Services
The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites and do not endorse them.
8. Limitation of Liability
8.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERCHANT & TRADE CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of third parties on the Service
- Unauthorized access, use, or alteration of your content or data
- Any other matter relating to the Service
8.2 Liability Cap
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months prior to the event giving rise to liability, or €100, whichever is greater.
8.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Merchant & Trade Co., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Service
- Your violation of any third-party rights, including intellectual property rights
- Any User Content you submit or transmit through the Service
10. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your personal information in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
11. Termination and Suspension
11.1 Termination by You
You may terminate your account at any time by contacting us or using account deletion features within the Service.
11.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:
- Breach of these Terms
- Request by law enforcement or government agencies
- Discontinuance or material modification of the Service
- Unexpected technical or security issues
- Extended periods of inactivity
- Engagement in fraudulent or illegal activities
11.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution
12.1 Informal Resolution
In the event of any controversy or claim arising out of or relating to these Terms, the parties shall attempt in good faith to resolve the dispute through informal negotiation within thirty (30) days of written notice of the dispute.
12.2 Mediation
If informal negotiations fail, the parties agree to attempt to resolve the dispute through mediation before a neutral mediator mutually agreed upon by both parties.
12.3 Arbitration
Any disputes not resolved through informal negotiation or mediation shall be resolved through binding arbitration in accordance with Croatian arbitration rules. The arbitration shall be conducted in English in Zagreb, Croatia.
13. Governing Law and Jurisdiction
13.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.
13.2 Jurisdiction
Subject to the dispute resolution provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Zagreb, Croatia for the resolution of any disputes.
13.3 EU Compliance
Where applicable, these Terms comply with European Union regulations and directives, including consumer protection laws and the GDPR.
14. Modifications to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:
- Posting the updated Terms on this page
- Updating the "Last Updated" date
- Sending notification to the email address associated with your account (if applicable)
Your continued use of the Service after any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Merchant & Trade Co. regarding the Service.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and an enforceable term will be substituted that reflects our intent as closely as possible.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.
15.4 Assignment
You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
15.5 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet service failures.
15.6 Language
These Terms are drafted in English. In case of any discrepancy between the English version and any translation, the English version shall prevail.
16. Contact Information
For questions, concerns, or notices regarding these Terms, please contact us:
17. Acknowledgment
BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICE.
Questions About Our Terms?
Our team is here to help clarify any questions you may have about these terms and conditions.
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