MERKANNY

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Terms of Service

Overview

This website is operated by Merkanny. Throughout the site, the terms “we,” “us,” and “our” refer to Merkanny. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (“Terms of Service” or “Terms”).

By visiting our site and/or using our services, you engage in our Service and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, clients, vendors, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. By using any part of the site, you agree to comply with these Terms. If you do not agree, you may not access the website or use any services. Acceptance of these Terms is expressly limited to these conditions. Any new features or tools added to the current website will also be subject to these Terms of Service.

You may review the most current version of these Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates to our website. It is your responsibility to review this page periodically for changes. Continued use of or access to the site after any modifications constitutes acceptance of those changes.

Merkanny’s services are designed to provide comprehensive solutions for influencers, creators, and brands to launch their products with ease. Our website and services are hosted on secure platforms that enable us to deliver a seamless experience to you.

Section 1: Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or country of residence, or that you have obtained the necessary consent to allow any of your minor dependents to use this site.

You agree not to use our products or services for any illegal, unauthorized, or prohibited purposes, and you must comply with all local, national, and international laws applicable to your use of the site and services (including but not limited to copyright and intellectual property laws).

You are strictly prohibited from transmitting any malware, viruses, or malicious code that could compromise the functionality or security of the site or any related systems. Any breach or violation of these Terms will result in the immediate termination of your access to Merkanny’s services and may subject you to legal consequences.

Section 2: General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. By using our site and services, you understand and agree that your content (excluding credit card information) may be transferred unencrypted across various networks and adapted to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks to ensure your security.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of our Service, use of the Service, access to the Service, or any contact information on the website without our express written consent. This includes all content, features, tools, and resources provided by Merkanny. Unauthorized use of our intellectual property or services may result in the immediate termination of your access and potential legal action.

Headings used in this agreement are provided for convenience only and will not limit or affect the meaning or scope of these Terms in any way.

Section 3: Accuracy, Completeness, and Timeliness of Information

Merkanny strives to ensure that the information provided on this site is accurate, complete, and current. However, we do not guarantee that all information is error-free, fully up-to-date, or comprehensive. The materials and content on this website are provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.

Any reliance on the information on this site is at your own risk. Occasionally, the site may contain historical information, which by nature may not be current and is provided for reference purposes only.

We reserve the right to modify, update, or remove content from this website at any time without prior notice. However, we are under no obligation to update information on our site. By using this website, you agree that it is your responsibility to monitor changes and stay informed about any updates made to these Terms or to the content of the site.

Section 4
Modifications to the Service and Prices

Prices for our products and services are subject to change without prior notice. Merkanny reserves the right to modify or discontinue any part of our services—including product development, manufacturing, distribution, e-commerce management, and marketing—at any time without notice. Merkanny shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of our services.

Section 5
Products or Services

Certain products and services provided by Merkanny may be available exclusively online through our website or through marketplaces managed by us (including but not limited to Amazon, TikTok Shop, and Etsy). These products may have limited quantities and are subject to return or exchange strictly in accordance with our Return Policy.

We make every effort to accurately represent the colors, designs, and images of our products on the online platforms. However, we cannot guarantee that your device’s display will accurately reflect the actual colors or finishes of the products.

Merkanny reserves the right, without obligation, to:

Any offer for products or services made on our platforms is void where prohibited by law. Merkanny does not warrant that the quality of any products, services, information, or materials purchased or obtained through us will meet your expectations, nor do we guarantee that any errors in the services will be corrected.

Section 6
Accuracy of Billing and Account Information

Merkanny reserves the right to refuse any order placed through our services. We may, at our sole discretion, limit or cancel quantities purchased per client, per brand, or per order. These restrictions may include orders placed using the same customer account, credit card, billing address, or shipping address. If we make changes to or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of order placement.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by unauthorized resellers, distributors, or individuals seeking to bypass our service agreements.

You agree to provide accurate, current, and complete purchase and account information for all transactions conducted through Merkanny-managed platforms. It is your responsibility to promptly update account details, including billing addresses, email addresses, and payment information, to ensure successful transaction processing and communication.

Section 7
Optional Tools

Merkanny may provide clients with access to third-party tools and platforms to enhance product management, marketing, or sales operations. We do not monitor or have control over these third-party tools, and your use of them is at your sole discretion and risk. Access is provided “as is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement of the third-party providers.

Merkanny shall not be held liable for any issues, losses, or damages arising from your use of optional third-party tools. It is your responsibility to review and agree to the terms and conditions set by the relevant third-party providers before using their services.

We may introduce new services, features, or tools via our website or client portals in the future. All new features and services will also be subject to these Terms of Service.

Section 8
Third-Party Links

Certain content, products, and services provided through Merkanny may include materials from third parties. Links on our website or client platforms may direct you to external websites or services that are not affiliated with Merkanny. We do not assume responsibility for examining or evaluating the content, accuracy, or reliability of third-party websites or materials, and we do not warrant or accept liability for any third-party products, services, or content.

Merkanny shall not be liable for any harm, damages, or losses arising from transactions conducted through third-party websites, including purchases, services, or use of resources. It is your responsibility to carefully review the policies and practices of any third-party entities before engaging in transactions with them. Any complaints, claims, or concerns related to third-party products or services should be directed to the respective third party.

Section 9
User Comments, Feedback, and Other Submissions

If you submit comments, suggestions, proposals, creative ideas, plans, or other materials to Merkanny—whether at our request (such as contest entries) or voluntarily—you agree that Merkanny may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use the submissions in any medium. Merkanny is under no obligation to:

  1. Maintain any comments in confidence.
  2. Provide compensation for submissions.
  3. Respond to any comments.

We reserve the right, but are not obligated, to monitor, edit, or remove any content that we determine violates these Terms of Service or is unlawful, offensive, defamatory, obscene, or otherwise objectionable, including content that infringes on the intellectual property rights of others.

By submitting comments or content, you confirm that:

You are solely responsible for the accuracy and content of your submissions. Merkanny assumes no liability for comments posted by you or third parties.

Section 10
Mobile Message Service Terms and Conditions

The Merkanny mobile message service (the “Service”) is operated by Merkanny. By using the Service, you agree to these terms and conditions (“Mobile Terms”). Merkanny reserves the right to modify or discontinue the Service or any of its features at any time without prior notice. Any modifications to these Mobile Terms will become effective upon posting, and your continued use of the Service constitutes acceptance of those changes.

Merkanny does not charge for the Service; however, you are responsible for all charges and fees associated with text messaging imposed by your wireless carrier. Message and data rates may apply.

Text messages from Merkanny may be sent using automated technology or other means. Your consent to receive marketing text messages is not a condition of purchasing any products or services. If you opt-in, the Service may provide order updates, account alerts, promotional offers, and other notifications via text to the mobile number you provide. Message frequency may vary.

Please note that if you are subscribed to multiple Merkanny messaging programs, you must opt-out of each service individually unless applicable laws state otherwise.

Merkanny may change the phone number or short code used to operate the Service. You acknowledge that messages sent to an outdated number or code may not be received, and Merkanny is not responsible for honoring such requests.

Wireless carriers are not liable for delayed, failed, or undelivered messages. You agree to provide Merkanny with a valid mobile number and to update it as necessary.

To the extent permitted by applicable law, Merkanny is not responsible for failed, delayed, or misdirected messages, errors in message content, or any actions taken (or not taken) in reliance on information provided through the Service.

Section 11
Personal Information

Your submission of personal information through any Merkanny-operated store, website, or service is governed by our [Privacy Policy]. Please review it carefully to understand how we collect, use, and protect your information.

Section 12
Errors, Inaccuracies, and Omissions

From time to time, there may be information on our website or within our services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. Merkanny reserves the right to correct any errors, inaccuracies, or omissions, and to update or change information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

Merkanny is under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The presence of a specified update or refresh date on any page should not be interpreted as an indication that all information has been modified or is current.

Section 13
Prohibited Uses

In addition to the prohibitions outlined in these Terms of Service, you are prohibited from using Merkanny’s website, services, or content for any of the following purposes:

(a) For any unlawful purpose.
(b) To solicit others to engage in illegal activities.
(c) To violate international, federal, provincial, state, or local laws, regulations, or ordinances.
(d) To infringe upon or violate Merkanny’s intellectual property rights or those of third parties.
(e) To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) To submit false, misleading, or fraudulent information.
(g) To upload or transmit viruses, malware, or other malicious code that could affect the functionality or operation of the Service, related websites, or the Internet.
(h) To collect, track, or misuse the personal information of others.
(i) To engage in spamming, phishing, pharming, pretexting, scraping, crawling, or similar activities.
(j) To use the website or services for any obscene, immoral, or offensive purposes.
(k) To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.

Merkanny reserves the right to terminate your use of the Service or any related website if you violate any of the above prohibited uses.

Section 14
Disclaimer of Warranties; Limitation of Liability

Merkanny does not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using our services will be accurate, reliable, or meet your expectations. You acknowledge that we may, from time to time, suspend or discontinue services for indefinite periods or cancel services at any time without prior notice.

You expressly agree that your use of, or inability to use, Merkanny’s services is at your sole risk. All products and services provided through Merkanny are offered “as is” and “as available” unless expressly stated otherwise. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Merkanny, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of our services or products procured through us. Merkanny shall not be liable for errors, omissions, or damages incurred as a result of using our services, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, Merkanny’s liability shall be limited to the maximum extent permitted by applicable law.

Section 15
Indemnification

You agree to indemnify, defend, and hold harmless Merkanny, its parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claims, demands, liabilities, or expenses—including reasonable attorneys’ fees—arising from:

This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of Merkanny’s services.

Section 16
Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of the remaining provisions.

Section 17
Termination

Any obligations or liabilities incurred by either party prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service remain in effect unless terminated by either you or Merkanny.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing use of our site. Merkanny reserves the right, at its sole discretion, to terminate this agreement without prior notice if we believe you have violated any provision of these Terms of Service. Upon termination, you will remain liable for all amounts due up to and including the termination date, and Merkanny may deny you access to our services (or any part thereof).

Section 18
Entire Agreement

The failure of Merkanny to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operational rules posted on this site or related to the services provided, constitute the entire agreement between you and Merkanny. This agreement supersedes any prior or contemporaneous agreements, communications, or proposals—whether oral or written—between you and Merkanny, including any previous versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 19
Governing Law

These Terms of Service and any separate agreements under which Merkanny provides you with services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Section 20
Changes to Terms of Service

You may review the most current version of these Terms of Service at any time on this page. Merkanny reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Continued use of or access to our website or services following the posting of any modifications constitutes acceptance of those changes.

Section 21
Contact Information

Questions or concerns regarding these Terms of Service can be directed  by emailing us at b2b@merkanny.com.

Merkanny

At Merkanny, we do the heavy lifting so you can focus on your passion. Enjoy fast, cost-effective shipping, minimal order requirements, and a full-service approach that lets you launch your brand without breaking a sweat.

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