Mercari Website Terms of Use
Acceptance of Terms of Use
This website is published by Mercari Pty Ltd ABN: 48 102 928 727 (“Mercari”). The following terms and conditions together with all terms expressly incorporated by reference, collectively the Terms of Use, govern your access and use of the website whether as a guest or registered user. By accessing, viewing or using any page, part or component of the website including any content, functionality offered through or on this website you have indicated your acknowledgement and acceptance of these Terms of Use.
Disclaimer and limitation of liability
The various contents of the website are derived from sources believed to be accurate and reasonably current. Certain data may be provided on a delayed basis. However, neither Mercari nor its directors, officers, agents, employees, consultants or contractors (“Mercari Personnel”): give any representation or warranty as to the reliability, accuracy or completeness of this content; nor warrant that any access will be uninterrupted or error-free. The website is provided on an “as is” basis at your sole risk. The website may, from time to time, be temporarily unavailable.
The content contained may present financial information of a general nature, however nothing presented shall be construed as investment advice. Prior to any investment action you should seek professional advice tailored to your specific circumstances.
Neither Mercari nor Mercari Personnel shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your use of the website, the content and/or any omissions from the content, unless such liability is made non-excludable by legislation.
In the case of functionality supplied or offered by Mercari or Mercari Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited, at Mercari’s option, to either:
(a) the supply of the goods (or equivalent goods) or services again; or
(b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
Ownership
The website and the entire contents, features, and functionality (including, but not limited to, all data, software, text, displays, images, video, and audio, and the design and arrangement thereof) are owned by Mercari or other original providers of such material and are protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Use, Mercari grants to you a personal, nonexclusive, non-transferable, non-sublicensable license to use the website and contents. Except as expressly authorized by Mercari, you agree not to sell, copy, distribute, use for commercial purpose or create derivative works based on the website or content, in whole or in part. Mercari may withdraw any authorisation immediately and without prior notice.
Privacy
All information we collect on the website is handled in accordance with our Privacy Policy. By using our website, you agree that Mercari can use such data in accordance with our Privacy Policy.
Your Responsibilities
You are responsible for your use of the website and you must not alter, corrupt, hack, or violate any computer code affecting the security and access controls of the website. You must indemnify and hold harmless Mercari and Mercari Personnel and keep them indemnified, against all loss, actions, claims, costs, damages, expenses (including legal fees), and proceedings arising from either your breach of these Terms of Use or reliance by you on any data obtained through the website.
Modifying and Termination of Services on the Website
Mercari reserves the right to modify and terminate any and all elements of the website immediately and without prior notice. Mercari will update these Terms of Use to reflect changes to the website from time to time. It is your responsibility to remain aware of the current Terms of Use and your continued use of the website indicates your ongoing acceptance of the latest version of these the Terms of Use including all and any updates.