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Effective Date: 1 March 2026Last Updated: 25 February 2026
These Vendor Subscription and Merchandise Licensing Terms (“Terms”) govern your access to and use of the Merchmarket.xyz platform as a vendor.
By applying, subscribing, uploading products, or clicking “I agree,” you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
“Platform” means Merchmarket.xyz.“Company” means Merchmarket.xyz, a New Zealand operated business.“Vendor” means the individual or entity subscribing to sell products on the Platform.“Products” means merchandise created and sold via the Platform.
An active subscription is required to list and sell Products on the Platform.
Subscription options:
The annual option includes a discount equivalent to two months free when paid in advance.
The Company reserves the right to update subscription pricing with reasonable notice.
Monthly subscriptions are billed automatically every 30 days.Annual subscriptions are billed once per year in advance.
All payments are processed securely via authorised payment providers.
Failure to maintain an active subscription may result in suspension or removal of the Vendor account and associated listings.
By submitting logos, trademarks, artwork, or other intellectual property, the Vendor grants the Company a non exclusive, non transferable, revocable licence to use such intellectual property solely for producing, marketing, promoting, and selling Products associated with the Vendor.
This includes use on:
Ownership of the Vendor’s intellectual property remains with the Vendor.
The Company retains ownership of platform templates, mockups, layouts, and system assets created by the Company.
Upon termination, the Company will cease use of Vendor intellectual property except to fulfil outstanding orders or resolve customer matters.
The Vendor represents and warrants that:
The Vendor agrees to actively support and promote their collection.
The Company may remove content or suspend Vendors who breach these standards.
Products are produced on demand through approved production partners.
The Company manages production, fulfilment, and customer service unless otherwise agreed in writing.
Timelines may vary due to supplier capacity or seasonal demand.
Vendor profits are calculated according to the agreed pricing structure within the Platform.
Payouts are issued once orders are fulfilled and payments have cleared.
The Company may delay or withhold payouts in cases of fraud, disputes, chargebacks, intellectual property claims, or policy breaches.
The Vendor is responsible for the legality and originality of submitted content.
If disputes, chargebacks, legal claims, or intellectual property complaints arise due to Vendor content, the Vendor may be held financially responsible for related costs including production losses, fees, and legal expenses.
The Company may deduct such costs from future payouts.
The Company may review Vendor accounts that remain inactive for extended periods.
Inactive accounts may have listings removed or accounts suspended at the Company’s discretion.
The Company complies with applicable New Zealand consumer and fair trading laws.
Vendors are responsible for their own tax obligations and legal compliance relating to profits received.
The Company may update pricing, features, policies, or functionality at its discretion.
Continued use of the Platform constitutes acceptance of updated Terms.
The Company may suspend or terminate Vendor accounts for breach of these Terms or where continued use poses legal, operational, or reputational risk.
Vendors may cancel subscriptions in accordance with Section 3.
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or special damages including loss of profits, revenue, or business opportunity.
The Company does not guarantee sales, traffic, or revenue levels.
The Company’s total liability shall not exceed the subscription fees paid by the Vendor in the preceding twelve months.
Nothing in these Terms excludes liability where such exclusion is not permitted under New Zealand law.
The Company shall not be liable for delays or failure to perform due to events beyond reasonable control, including supplier shutdowns, natural disasters, shipping disruptions, technical outages, or government actions.
The Vendor may not assign or transfer their rights under these Terms without prior written consent.
The Company may assign these Terms as part of business restructuring or sale.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the Vendor and the Company.
These Terms are governed by the laws of New Zealand.
Disputes shall first be addressed through good faith negotiation and may proceed to mediation or arbitration within New Zealand if unresolved.
These Terms constitute the entire agreement between the parties and supersede prior agreements.
If any provision is found unenforceable, remaining provisions remain in effect.
Electronic acceptance of these Terms, including clicking an agreement checkbox, constitutes a legally binding agreement.
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