These Terms govern your use of The Merchant platform (the “Service”), operated by The Merchant (“we”, “us”). By creating an account or otherwise using the Service you agree to these Terms. If you don't agree, don't use the Service.
1. Eligibility
You must be at least 18 years old (or the age of majority in your country) and able to form a binding contract. If you sign up on behalf of a business, you represent that you have authority to bind it.
2. Your account
- You're responsible for keeping your credentials secure and for all activity on your account.
- The information you provide must be accurate and kept up to date, including any KYC information requested for selling and payouts.
- We may suspend or terminate accounts that violate these Terms or applicable law.
3. Acceptable use
You agree not to:
- List, sell, or solicit anything illegal, fraudulent, infringing, hateful, sexually exploitative, or otherwise prohibited.
- Misrepresent yourself or impersonate any person or entity.
- Attempt to disrupt, scrape, reverse-engineer, or gain unauthorized access to the Service.
- Circumvent platform fees, escrow, or dispute resolution.
- Send spam or abuse the messaging features.
4. Listings and sales
Sellers are solely responsible for the products and services they list, including their accuracy, legality, and compliance with intellectual property rights. Buyers are responsible for reviewing listings before purchasing. The Merchant is a marketplace; we are not a party to any transaction between users.
5. Escrow, payments, and payouts
- Payments are processed by third-party providers (e.g. Flutterwave). Funds for service transactions are held in escrow until delivery is confirmed by the buyer or auto-released after a defined period.
- Sellers can request payouts of available wallet balance to a verified bank account or mobile wallet. Payouts may take 1–3 business days and are subject to identity verification.
- Currency conversions, where applied, use rates provided by our payment partners. The rate visible at checkout may differ slightly from the rate applied at settlement due to market movement.
6. Fees
The Merchant charges a platform fee on each transaction, plus any fees passed through by payment processors. Current fees are displayed before you complete a transaction. We may change fees with reasonable notice.
7. Refunds and disputes
For digital products, sales are generally final once the file has been downloaded. For services, buyers may open a dispute through the platform if delivery is not as described. Disputes are reviewed by our support team based on the evidence both parties submit. Decisions are binding within the platform and final for purposes of releasing or returning escrowed funds.
8. Intellectual property
You retain ownership of the content you upload. By uploading, you grant The Merchant a worldwide, non-exclusive, royalty-free licence to host, display, and process your content as necessary to operate the Service. You represent that you have the right to grant this licence.
The Merchant brand, software, and platform design are owned by us. You may not copy, modify, or redistribute them without permission.
9. Termination
You can close your account at any time from settings. We may suspend or terminate accounts that violate these Terms, expose us to legal risk, or remain inactive for an extended period. Outstanding payouts and obligations survive termination.
10. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or that any product or service listed will meet your expectations.
11. Limitation of liability
To the maximum extent permitted by law, The Merchant will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of your use of the Service. Our total liability for any claim is limited to the greater of the fees you paid us in the 12 months preceding the claim or USD 100.
12. Indemnity
You agree to indemnify and hold The Merchant harmless from any claims, losses, or expenses arising out of your content, your use of the Service, or your violation of these Terms or any law.
13. Governing law and disputes
These Terms are governed by the laws of [INSERT GOVERNING JURISDICTION — e.g. Federal Republic of Nigeria]. Any dispute will be resolved by the courts of [INSERT VENUE], unless mandatory consumer-protection laws of your country require otherwise.
14. Changes
We may update these Terms from time to time. Material changes will be notified by email or a prominent notice on the platform. Continued use after the effective date means you accept the updated Terms.
15. Contact
Questions about these Terms? Email legal@themerchant.io.