Terms & Conditions for Vendors

By signing up for a Meghamart Account (as defined in Section 1) or by using any Meghamart Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). 

As used in these Terms of Service, “we”, “us” and “Meghamart” means the applicable Meghamart Contracting Party (InTown Solutions). 

The services offered by Meghamart under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Meghamart are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.meghamart.com/store-terms-conditions/. Meghamart reserves the right to update and change the Terms of Service by posting updates and changes to the Meghamart website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services. 

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Meghamart’s Terms and Conditions and Privacy Policy, and, if applicable, the Meghamart API License and Terms of Use (“API Terms”) and the Meghamart Data Processing Addendum (“DPA”) before you may sign up for a Meghamart Account or use any Meghamart Service. Additionally, if you offer goods or services in relation to COVID-19, you must read, acknowledge and agree to the Rules of Engagement for Sale of COVID-19 Related Products. 

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Meghamart or any Meghamart services, you are agreeing to these terms. Be sure to occasionally check back for updates. 

 1. Account Terms

To access and use the Services, you must register for a Meghamart account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Meghamart may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You confirm that you are receiving any Services provided by Meghamart for the purposes of carrying on a business activity and not for any personal, household or family purpose.

You acknowledge that Meghamart will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

You are responsible for keeping your password secure. Meghamart cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Meghamart may result in an immediate termination of your Services. 

WHICH MEANS

You are responsible for your Account and any Materials you upload to the Meghamart Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email. 

2. Account Activation

2.1 Store Owner

Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your Meghamart Store can only be associated with one Store Owner. A Store Owner may have multiple Meghamart Stores. “Store” means the online store or physical retail location(s) associated with the Account. 

2.2 Staff Accounts

Based on your Meghamart pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.

The Store Owner and the users under Staff Accounts are each referred to as a “Meghamart User”.

WHICH MEANS

Only one person can be the “Store Owner”, usually the person signing up for the Meghamart Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties. 

3. Meghamart Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Meghamart customer, Meghamart employee, member, or officer will result in immediate Account termination.

Meghamart does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Meghamart employees and contractors may also be Meghamart customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

Meghamart retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Meghamart reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. 

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Meghamart account, we can freeze the account or transfer it to the rightful owner, as determined by us. 

4. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Meghamart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

To the extent permitted by applicable laws, in no event shall Meghamart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Meghamart partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Meghamart does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Meghamart does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

Meghamart does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected. 

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited. 

5. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Meghamart Service. All Materials you upload remains yours. You can remove your Meghamart Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Meghamart to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Meghamart can, at any time, review and delete all the Materials submitted to its Service, although Meghamart is not obligated to do so.

You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

Meghamart shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

WHICH MEANS

Anything you upload remains yours and is your responsibility.