Terms of Use

Site Terms and Conditions

Last Updated: 4 Jan 2023

These Website Terms and Conditions (these "Terms of Use") constitute a legally binding agreement between you, the user of the public portions of this website, www.metacommerce.app  (the "Site"), and Metacommerce, the owner and operator of the Site. By accessing or using the Site, or by clicking "I Agree" to accept or agree to these Terms of Use when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorised to use the Site.

  1. Terms 

These terms and conditions apply to the use of the Site and all content, materials, and functions on the Site. By accessing and using the Site, the user agrees to be bound by these terms and conditions. If the user does not agree to these terms and conditions, they are not authorised to use the Site.

THE USER IS SOLELY RESPONSIBLE FOR THEIR USE OF THE SITE AND ITS CONTENT, MATERIALS, AND FUNCTIONS, AND FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS.

  1. Terms of Use Subject to Change

Metacommerce reserves the right, at its sole discretion, to modify or replace these terms and conditions at any time without notice to the user. The user is responsible for checking these terms and conditions for changes. Continued use of the website after any changes to these terms and conditions will constitute the user's acceptance of such changes. If the user does not agree to the new terms and conditions, they must stop using the website.

  1. Acceptance of terms

BY ACCESSING AND USING THE METACOMMERCE WEBSITE, THE USER SIGNIFIES THEIR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF THE USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THEY ARE NOT AUTHORISED TO USE THE WEBSITE.

  1. Eligibility

THIS SITE IS INTENDED FOR USE BY INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SITE, THE USER REPRESENTS AND WARRANTS THAT THEY ARE 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF THE USER IS UNDER THE AGE OF 18, THEY ARE NOT AUTHORISED TO USE THE SITE AND MUST EXIT IMMEDIATELY

  1. Prohibited Use

The user agrees not to use the Site or its content, materials, and functions for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The user also agrees not to attempt to gain unauthorised access to any parts of the Site or any other computer systems or networks connected to the Site.

In addition, the user agrees not to use the Site or its content, materials, and functions to:

  • Publish, post, distribute, or disseminate any defamatory, infringing, obscene, or other unlawful material or information.
  • Transmit or upload any material that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or that, in the sole judgement of Metacommerce, exposes Metacommerce or any of its affiliates, partners, or customers to any liability or detriment of any type.

Metacommerce reserves the right to terminate the user's access to the Site at any time and without notice for any breach of these terms and conditions or for any other reason.

  1. Links to the Site and From Social Media

The user may link to the website's homepage, provided they do so in a way that is fair and legal and does not damage or take advantage of Metacommerce's reputation. The user must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Metacommerce where none exists.

The website may provide certain social media features that allow the user to share information with their social network or to make connections with other users. The user understands that such features may collect their personal data and that they are using such features at their own risk. Metacommerce has no control over the privacy practices of such third-party websites and is not responsible for the privacy policies or practices of any third party.

Metacommerce reserves the right to disable any social media features or any links at any time without notice. The user may not use these features or any content on the website for any commercial purpose or to suggest any form of association, approval, or endorsement on the part of Metacommerce.

  1. Links from Site

The website may contain links to third-party websites or resources. Metacommerce has no control over these websites or resources and the user acknowledges and agrees that Metacommerce is not responsible for the availability or accuracy of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The user further acknowledges and agrees that Metacommerce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. The user is solely responsible for complying with the terms and conditions of use for such websites and resources.

  1. Revisions and Errata

The materials appearing on the website may include technical, typographical, or photographic errors. Metacommerce does not warrant that any of the materials on the website are accurate, complete, or current. Metacommerce may make changes to the materials contained on the website at any time without notice. Metacommerce does not, however, make any commitment to update the materials.

The website may contain certain historical information. Historical information, necessarily, is not current and is provided for the user's reference only. Metacommerce reserves the right to modify the contents of the website at any time, but we have no obligation to update any information on the website. 

  1. Intellectual property

The Site and all content, materials, and functions on the Site, including, but not limited to, text, graphics, images, and software, are the property of Metacommerce or its licensors and are protected by copyright, trademark, and other intellectual property laws. The user is permitted to access and use the Site and its content, materials, and functions solely for their own personal, non-commercial use. Any other use of the Site or its content, materials, and functions, including, but not limited to, the modification, distribution, transmission, performance, publication, or display of the content, is strictly prohibited. Metacommerce and its licensors reserve all rights not expressly granted in these terms and conditions. The user agrees not to use any trademarks, service marks, or logos displayed on the Site without the prior written consent of Metacommerce or the relevant rights holder.

  1. Disclaimer of warranties 

THE SITE AND ALL CONTENT, MATERIALS, AND FUNCTIONS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND METACOMMERCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR FUNCTIONS INCLUDED ON THE SITE. METACOMMERCE DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND METACOMMERCE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS. METACOMMERCE ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY CONTENT, MATERIALS, OR FUNCTIONS ON THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT. TO THE FULLEST EXTENT PERMITTED BY LAW, METACOMMERCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of liability

METACOMMERCE, ITS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS ON THE SITE, EVEN IF METACOMMERCE OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Indemnification

The user agrees to indemnify and hold Metacommerce, its employees, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's use of the Site, the violation of these terms and conditions by the user, or the infringement by the user of any intellectual property or other right of any person or entity.

  1. Governing law

These terms and conditions and the relationship between the user and Metacommerce shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. The user and Metacommerce agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any legal matter arising from these terms and conditions. 

  1. Entire Agreement

These terms and conditions, together with the Privacy Policy and any other legal notices published by Metacommerce on the website, shall constitute the entire agreement between the user and Metacommerce concerning the website. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

No waiver of any term of this these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Metacommerce's failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. Feedback

The user may submit comments, ideas, or other feedback about the website or Metacommerce's products and services ("Feedback"). The user agrees that all Feedback is non-confidential and becomes the sole property of Metacommerce. Metacommerce is free to use, disclose, reproduce, or distribute the Feedback to others without limitation or obligation. The user agrees not to submit any Feedback that is protected by copyright, trademark, trade secret, or any other proprietary right without the express permission of the owner of such right. The user is solely responsible for any damages resulting from their submission of Feedback.

  1. Contact Information

If the user has any questions or concerns about these terms and conditions, or the website in general, they may contact Metacommerce at hello@metacommerce.app. The user may also report any violations of these terms and conditions or inappropriate use of the website to the same contact information.

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