Merchant Terms of Service

Last modified March 4, 2016

 

You are now reading the terms of service for merchants (Agreement”) selling on Want. The entity you are contracting with is BetaLabs Inc., doing business as “Want”. This will serve as the legal contract between you or your business entity and Want, when you use http://www.want.af (“Site”), the Want mobile application for product discovery (App”), all domains and content provided by Want (collectively with Site and App, the Services”).

 

YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY WANT. If you have any questions, please email us at merchants@want.af.

 

By using the Services, including but not limited to visiting or browsing the Site or displaying or selling products on Want, you as the merchant (you” or the merchant”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services.

 

Want reserves the right to change any of the terms and conditions contained in this or any policies governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for at least thirty (30) days. You are responsible for reviewing the Site frequently and reviewing the notice and any applicable changes. Changes to referenced policies may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING WANT'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

1. About Want

Want is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. Want facilitates transactions between buyers and merchants. The actual contract for sale is directly between the merchant and buyer. As a result, Want does not necessarily have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of merchants to sell items or the ability of buyers to pay for items. Want cannot ensure that a buyer or merchant will actually complete a transaction.

 

As a result, Want does not transfer legal ownership of items from the merchant to the buyer. Want cannot guarantee the true identity, age, and nationality of a merchant or buyer. Want encourages you to communicate directly with potential transaction partners through the tools available on the Site or App.

You agree that Want is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or third parties. You use the Service at your own risk.

 

2. Membership Eligibility

Age: The Services are available only to, and may only be used by, individuals who are of the age of majority in their applicable state (either 18 or 21 years and older) or business entities who can form legally binding contracts under applicable law. You represent and warrant that, if applicable, you are of the appropriate age and that all registration information you submit is accurate and truthful. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Want may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of majority must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 21 years of age. In all cases, the parent or legal guardian is the merchant and is responsible for any and all activities and is the responsible party bound by the terms of this Agreement.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. As set forth further herein, you are responsible for all applicable taxes. In addition, you must abide by Want's policies as stated in the Agreement and the published Want website policies, as well as all other operating rules, policies and procedures that may be published from time to time on the Site or the App by Want, each of which is incorporated herein by reference and each of which may be updated by Want from time to time.

In addition, some Services offered through the Site or App may be subject to additional terms and conditions promulgated by Want from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Want of any unauthorized use of your password or any breach of security. You also agree that Want cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Want without Want's express written permission.

Account Transfer: You may not transfer or sell your Want merchant account and username to another party.

Right to Refuse Service: Want reserves the right, at Want's sole discretion, to cancel unconfirmed or inactive accounts. Want reserves the right to refuse service to anyone, for any reason, at any time.


 

3. Costs & Fees

Creating a Merchant account on Want and publishing products is free. Want does not charge fees for listing an item for sale. For the Services, Want will take a commission fee (the Commission”) when an item sells. The Commissions are listed on the Fee Structure page of the Site. The Commission as well as any other fees for the Services may vary in the future. You should check the Fee Structure page every time you use the Services. The Fee Structure is in effect on the date of sale of the item shall govern the transaction. If you do not agree to the current Commission, you should not use the Services. Want may, at Want's sole discretion, change some or all of Want's Services at any time. In the event Want introduces a new Service, the fees for that Service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, Want may issue a credit for the applicable fees to a merchant's billing statement.

You are responsible for paying all fees and applicable taxes associated with using the Services.

Price: Merchants are required to list prices, applicable taxes and shipping costs for the products they sell through the Want Marketplace. Want's Commission shall be based on the prices that merchant lists for their products. Want intends to charge for, and collect, estimated amounts of applicable U.S. state and local transaction taxes on each merchant transaction.

Want doesn’t process payments. The user will be redirected to the merchant’s Shopify store to finish the purchase. Want will track for all successful conversions and generate charges for the associated commissions through the Shopify Billing system

.

4. Listing and Selling

Listing Description: By listing an item on the Site or App you warrant that you and all aspects of the item comply with Want's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Want shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical.

Shop Policies: All merchants are urged to outline shop policies for their Want shop. These policies may include, for example, shipping, returns, payment and selling policies. Merchants must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Want's site-wide policies. Merchants are responsible for enforcing their own reasonable shop policies. Want reserves the right to request that a merchant modify a shop policy.

Binding Sale: All sales are binding. The merchant is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner and not to exceed the stated shipment period or, if not stated, 30 days from the date the order is placed, unless there is an exceptional circumstance, such as: (a) the merchant has a family emergency or (b) the merchant is out of town. In the case of such a circumstance, merchant should communicate with Want in a reasonable and timely manner regarding the delay and provide an expected date for shipment. If the order is outside the estimated ship time with no proof of the order in transit, Want reserves the right to cancel and refund an order to the customer.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Merchant may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Merchant may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Want transaction fees, misrepresent the item's location, or use another merchant's account without Want’s prior permission.

Shipment of Orders: The merchant must prominently and clearly state the shipment period for their items, which should not exceed 30 days, unless given explicit approval by Want. For each item you list on the Site, you will provide to us the state or country from which the item ships. At our request, you will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking and order status, and we may make any of this information publicly available. If you fail to provide such shipment information within the time frame specified by us (e.g., 30 days after the date an order was placed) OR if the order is outside the estimated ship time with no proof of the order in transit, we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us and refund the customer in full.

Access to information. Merchants who use the platform developed, maintained and provided by Shopify Inc. are able to list their products by enabling access to all the data and information available through the installation of the Want “Third Party” application, developed by Beta Labs, Inc. You agree to be bounded by all sections of the Shopify Terms of Services listed on https://www.shopify.com/legal/terms, including but not limited to section “16. Third Party Services”. You agree to grant access and usage of all merchant’s information available through the Shopify Third Party Services, including but not limited to customer data.

Reservation of Rights. Want retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Agreement) that has been charged for an order that we stop or cancel.

 

5. Non-Disclosure of Confidential Information

Participating as a Want merchant or making use of the Services will expose you to certain confidential and proprietary information of Want (Confidential Information”). You will also correspond regularly with Want regarding your use of the Services. You agree to not disclose or use Want’s Confidential Information except as necessary to carry out the purpose of this Agreement, and you further agree to not disclose or make public any communications you may have with Want.

6. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Want and any and all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post and display on Want.

7. License

Want does not claim ownership rights in your Content. You grant Want a license solely to enable Want to use any information or Content you supply Want with, so that Want is not violating any rights you might have in that Content. You grant Want a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Want to store or re-format your Content on Want and display your Content on Want in any way as Want chooses. Want will only use personal information in accordance with Want's Privacy Policy.

As part of a transaction, you may obtain personal information, including name, shipping information and email, from a Want user. Without obtaining prior permission from the user, this personal information shall only be used for that transaction or for Want-related communications. Want has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Want user to your email or physical mail list or to share any user information with any third parties or otherwise disclose or make public any user information or email. For more information, see Want's Privacy Policy.

Re-Posting Content: By posting Content on Want, it is possible for an outside website or a third party to re-post that Content. You agree to hold Want harmless for any dispute concerning this use.

8. Resolution of Disputes and Release

In the event a dispute arises between you and Want or you are required to notify Want of a dispute, please contact Want in a timely and reasonable manner at the following email: merchants@Want.af.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release Want (and Want's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Want encourages merchants to report merchant-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Want, for the benefit of merchants, may try to help merchants resolve disputes. Want does so in Want's sole discretion, and Want has no obligation to resolve disputes between merchants and users or between merchants and outside parties. To the extent that Want attempts to resolve a dispute, Want will do so in good faith based solely on Want's policies. Want will not make judgments regarding legal issues or claims.

Want will comply with all judgments or court orders regarding merchant and user disputes.

9. Want's Intellectual Property

Want, and all other Want graphics, logos, designs, page headers, button icons, scripts, web pages, and service names are registered trademarks, trade dress or copyright of BetaLabs, Inc., in the U.S. and/or other countries. Want's copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service without Want’s prior written approval.

10. Access and Interference

Much of the information on Want is updated on a real-time basis and is proprietary or is licensed to Want by Want's merchants or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Want for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Want's API Terms of Use or otherwise without Want's prior express written permission. Additionally, you agree that you will not:

            1.         Take any action that imposes, or may impose, in Want's sole discretion, an unreasonable or disproportionately large load on Want's infrastructure

            2.         Copy, reproduce, modify, create derivative works from, distribute or publicly display any other merchant Content (except for your Content) from the Site or App without the prior express written permission of Want and the appropriate third party, as applicable

            3.         Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or App

11. Breach

Without limiting any other remedies, Want may, without notice, and without refunding any fees, delay or immediately remove Content, warn Want's community of a merchant's actions, issue a warning to a merchant, temporarily suspend a merchant, temporarily or indefinitely suspend a merchant's account privileges, terminate a merchant's account, prohibit access to the Services, and take technical and legal steps to keep a merchant off the Services and refuse to provide services to a merchant if Want, in its sole discretion, has reason to believe that any of the following apply:

A merchant has breached this Agreement, the Privacy Policy, the Merchant Policy, or other policy documents and community guidelines incorporated herein; Want is unable to verify or authenticate any of your personal information or Content; or Want believes that a merchant is acting inconsistently with the letter or spirit of Want's policies, has engaged in improper or fraudulent activity in connection with Want or the actions may cause legal liability or financial loss to Want's merchants or to Want.

12. Privacy

Except as provided in Want's Privacy Policy, Want will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Want stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

Want, Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Want'S SUPPLIERS PROVIDE Want'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Want, Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Want'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Want SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Limitation of Liability

IN NO EVENT SHALL Want, AND (AS APPLICABLE) Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Want'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE APP, Want'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Want'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Want'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Want IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Want AND (AS APPLICABLE) Want'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, 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 SERVICES OR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY INFRINGEMENT.

16. Termination

Either party may terminate this Agreement for any reason without advanced notice. In order for merchant to terminate this Agreement, merchant must uninstall the Want Shopify application. Upon termination, the parties agree to use reasonable efforts to reconcile any amounts due either party under this Agreement, and make any final payments due under this Agreement within 30 days of termination. Want may, in its reasonable discretion, suspend merchant’s use of the Services at any time, if in Want believes in its reasonable judgment, that such suspension is necessary to protect Want’s business and/or customer relations.

17. No Guarantee

Want does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Want's control. Exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site or App (excluding any taxes on Want's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Want are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Want Services

Want reserves the right to modify or terminate the Services for any reason, without notice, and at any time. You understand that Want may block, suspend or terminate your access to the Services, and you therefore are not relying on Want in any respect to maintain your access to the Services regardless of how much time, money and resources you expend related to your use of the Services. Want reserves the right to alter this Agreement or other Site or App policies at any time, so please review the policies frequently. If Want makes a material change Want will notify you here, by email, by means of a notice on our homepage, or other places Want deems appropriate.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and the United States of America.

22. Survival

Sections 3 (Costs & Fees), 6 (Non-Disclosure of Confidential Information), 7 (License), 8 (Resolution of Dispute and Release), 9 (Want's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Limitation of Liability), 15 (Indemnity), 16 (Termination), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

23. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Want at 934 Howard street, San Francisco, California 94103 (in the case of Want) or, in your case, to the email address you provide to Want (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Want may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Want in your Merchant Account. In such case, notice shall be deemed given three days after the date of mailing.

24. Disclosures

The Services hereunder are offered by BetaLabs, Inc., located at 934 Howard Street, San Francisco, California, 94103.

25. Contact

All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by us. We will send notices to Merchant at the e-mail address maintained in our records for Merchant. Merchant will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Merchant will send notices to us using merchants@Want.af.