Sellers, terms and conditions

This Online platform is operated by DIGITAL-DRIVEN EVOLUTION LLC Throughout, the terms “we”, “us” and “our” refer to DIGITAL-DRIVEN EVOLUTION LLC DIGITAL-DRIVEN EVOLUTION LLC offers these services under the name mercalicho.com, (electronic commerce platform) and include all information, tools and services available to the user, conditioned upon acceptance of all terms, conditions, policies and notices established here.

1. Account Terms

To have and use the Mercalicho Services , you must create a user account and register as a seller (“Seller Account”). To do this, you must tell us your name, business or home address, telephone number, a valid email address and any other information that is indicated as mandatory. Mercalicho may reject your request to register a Seller Account or cancel a Seller Account already created, for any reason and in its sole discretion.

In order to open an Account, you must

I) be over 18 years of age or

II) be at least the age of majority in the jurisdiction where you reside and from where you use the Services and confirm that you receive any Services provided by Mercalicho in accordance with the terms and conditions exposed here.

You acknowledge that Mercalicho will use the email address you indicate when opening an Account or its subsequent modifications as the main method of communication. This address must be able to send and receive messages and you should check it regularly. Your email communications with Mercalicho can only be authenticated if they come from your Primary Email Address.

You are responsible for the security of your password. Mercalicho will not be liable for any damage or loss arising from your failure to adequately protect the security of your Account and password. We may require additional security measures from you at any time and we reserve the right to adjust these requirements at our discretion.

Technical support with respect to the Services is only provided to Users who have Mercalicho seller accounts . Questions about the Terms of Service should be directed to customer support.

You agree not to reproduce, duplicate, copy, sell, resell or exploit the Services, their use or access to them, in whole or in part, without the express written permission of Mercalicho .

You agree not to circumvent, avoid or circumvent any of the technical limitations of the Services, including processing orders outside of Mercalicho. Checkout ; not to use any tools to activate features or functionality that are disabled in the Services, and not to decode, disassemble or reverse engineer the Services.

You agree not to access the Services and not to monitor any material or information on the Services by robots, spiders, crawlers or other automated means.

2. Account Activation

The User is responsible for activating and deactivating accounts and for complying with their terms, which may be established by various third parties, including, but not limited to, PayPal, Apple Pay , Google Payment and Shop Pay . Any subscription you purchase from mercalicho will automatically renew unless you cancel auto-renewal. The basic account is exempt from this renewal, which is for a maximum of three renewal years.

2.1. Store Owner

 For the purposes of our Terms of Service, the person who registers for the Service by opening a Seller Account will be the contracting party (“Store Owner”) and the person authorized to use any services we provide to you in connection with it. The Account User is responsible for ensuring that the data displayed on the store page is real and is clearly visible on the Store website.

Mercalicho Store Page can only be associated with one seller account and on it you can only publish the number of products contracted by subscription. The store may be associated with an external website through the link provided with the name of your store.

2.2. Payments and services

Upon completion of registration in the Service, Mercalicho will make various payment methods available to you, including cash payment, bank transfer and payment through a payment gateway. Each payment gateway will have its own terms and conditions that must be accepted to be used.

If you use a payment gateway compatible with an external service (Apple Pay , Google Pay , Meta Pay , Amazon Pay , etc. ) and your customers have enabled them on their devices, they will be able to purchase goods and services in your Store using that payment method.

2.3. Domain names

When you register for a seller account Mercalicho assigns you a domain with the store name entered by the user, the annual automatic renewal of the store name registration will be established by default, as long as your seller Account in Mercalicho remains active . You agree that it is your sole responsibility to turn off the automatic renewal feature if you so choose.

3. Mercalicho Services

The Services have a number of features and functionalities. Not all Services or features will be available to all seller accounts at all times, and we are under no obligation to make particular Services or features available in any specific jurisdiction. Except where prohibited by these Terms of Service or applicable law, we reserve the right to modify the Services, in whole or in part, for any reason, without notice and at any time.

Mercalicho does not make a preliminary analysis of the products offered by sellers and it is at our sole discretion to reject or eliminate any product from any part of the Services if, in our sole discretion, it is confirmed that the products you offer through the store violate this Terms of Service policy.

Any verbal or written aggression (including threats of aggression or retaliation) against a Mercalicho employee, member or authority will result in the immediate closure of the store and cancellation of the Account.

We reserve the right to provide our Services and do not promise exclusivity. You further agree that Mercalicho employees and contractors may also act as Mercalicho ‘s selling customers .

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm such ownership. Documentation may include, but is not limited to, a scanned copy of your government-issued photo ID.

If, after reasonable effort, we are unable to identify the rightful Owner of the seller account, without prejudice to our other rights and remedies, Mercalicho reserves the right to temporarily deactivate or suspend the Account until a resolution has been reached between the parties. in conflict.

4. Responsibilities of seller clients

You agree to provide contact information, a refund policy and order preparation times according to your customers’ needs.

You accept that the Services provided by Mercalicho are not those of a market and that any sales contract made through the platform is concluded directly between the seller and the client. You are the seller of record for all items you sell through the Mercalicho Services . You are also responsible for the creation and management of your site or Online Store, your products, and all aspects of the transactions between you and your client or clients. This includes, but is not limited to, authorizing the charge to the customer with respect to their purchase, refunds, returns, preparation of any sales, customer service, fraudulent transactions, required legal disclosures, compliance with regulations, your alleged or actual violation of applicable laws (including, without limitation, consumer protection laws in any jurisdiction where you offer products or services for sale) or your breach of these Terms of Service. You represent and warrant that your Store, its products will be complete, true and accurate, and will not violate any applicable laws, regulations or third party rights. For the avoidance of doubt, Mercalicho You will not be the seller or merchant of record , and you will have no liability with respect to your Store or the items sold to customers through Mercalicho services .

The seller is solely responsible for the goods it sells through its store on Mercalicho (including description, price, charges, taxes calculated, defects, required legal disclosures, regulatory compliance, offers or promotional content) and to comply with any applicable laws or regulations.

Mercalicho Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), applicable laws of your client’s jurisdiction or the laws of Canada and the province of Ontario. Additionally, when using the Service and complying with your obligations under the Terms of Service, you must comply with all applicable laws, rules and regulations (including, without limitation, obtaining and complying with the requirements of any licenses or permits required by you). for the operation of your Store or that you must possess).

Agree to use Mecalicho Checkout for any sales transaction related to your online store. “ Mercalicho Checkout ” refers to any payment interface that allows customers to fill out shipping and payment information after adding items to their cart and before placing an order.

5. Fees and Taxes

Seller must pay the charges for your subscription to the Online Service (“Subscription Fees”), as well as any other applicable charges, including, without limitation, charges related to the value of sales you make through your Store when you use any payment platform and any charges related to the purchase of products, shipping or External Services (“Additional Charges”). Collectively, the Subscription Fees, Transaction Charges and Additional Charges are referred to as “Fees”.

You must have a valid payment method to pay Recurring Charges and all other Charges you incur. Mercalicho will collect the applicable Fees using any valid payment method that you authorize (“Authorized Payment Method”) and will continue to do so until the Services are canceled and the outstanding Fees have been paid in full. Unless otherwise indicated, all Charges and other fees are expressed in US dollars and all payments are made with transactions related to that currency.

Subscription Fees are paid in advance and Transaction Fees and Additional Fees will be collected at the time of withdrawal of seller benefits. The Charges will appear in the checkout section on your Store control panel page. Users have approximately two weeks to notify and resolve any issues related to the billing of Subscription Fees.

If payment of the Charges cannot be processed using an Authorized Payment Method, Mercalicho will try again using any of the Authorized Payment Methods. After a period of 15 days after the first attempt, Mercalicho may suspend and revoke access to your Account and the Services. Your Account will be reactivated once you pay the outstanding Charges plus the Charges applicable to your next billing cycle. You may not be able to access your Account or your store home page during the suspension period. If after 60 days of suspension you still do not pay the outstanding Charges, Mercalicho reserves the right to cancel your Account.

The Charges do not include taxes, fees or charges, whether harmonized or not, charged now or in the future by federal, provincial, state, local or other Governments.

The Seller Customer will be responsible for all applicable Taxes that arise, directly or indirectly, from the subscription or purchase of products and will also be responsible for determining whether to pay them and, if so, remitting the Taxes to the corresponding tax authorities in your jurisdiction.

For the avoidance of doubt, all amounts payable by you to Mercalicho under these Terms of Service will be paid without deductions or withholdings of any kind. Mercalicho will have the right to collect the full amount of the Charges stipulated in these Terms of Service through the Authorized Payment Method, ignoring any deduction or withholding that may be required.

Seller Customer is solely responsible for calculating, collecting, withholding, reporting and remitting applicable taxes, duties, fees, surcharges and additional charges resulting from any sales in its Store or its use of the Services that it offers Mercalicho . The Services offered on Mercalicho are not from a market, therefore, any sales contract made through the services offered by Mercalicho is concluded directly between the seller Client and the client.

Mercalicho does not make refunds .

6. Confidentiality

“Confidential Information” includes, among other things, all information relating to a party’s business that is not publicly known, including specific business information, technical processes and formulas, software, customer lists, customer lists, potential customers, names, addresses and other data about customers and potential customers, product designs, sales, costs (including applicable processing fees), price lists and other unpublished financial information, business plans, marketing data and any other confidential information and proprietary information, whether or not marked as confidential or proprietary. Mercalicho Confidential Information includes all information you receive in connection with us or the Services that is not in the public domain, including information related to our security program and practices.

Each party agrees to use the other’s Confidential Information only as necessary to perform its obligations under these Terms of Service, including this clause. Each party agrees to take measures reasonable and at least equivalent to those it takes to protect its own private information, to prevent the duplication, disclosure or use of such Confidential Information, which will only be permitted (I) to employees , agents and subcontractors who must have access to such Confidential Information to comply with the obligations set forth herein and who, in turn, are required to treat such information as set forth herein and are bound by the applicable party. by confidentiality obligations at least as strict as those contained herein; or (II) to comply with any law, regulation or order of any court having jurisdiction concerning the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party notifies the disclosing party in writing and employs use commercially reasonable efforts to ensure that such disclosure is treated confidentially.

Confidential Information does not include information that the receiving party can prove:

A) that was already in the public domain or that was already in your knowledge or possession at the time of disclosure of such information;

B) that you have independently developed without using or consulting the other party’s Confidential Information, and without breaching any provision of these Terms of Service; either

C) that you have rightfully obtained from a source other than the disclosing party without violating any provision of these Terms of Service.

7. Limitation of liability and indemnification

You expressly understand and agree that, to the extent permitted by applicable laws, neither Mercalicho nor its suppliers will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for profit. termination and loss of reputation, use, data or other intangible losses resulting from the use or inability to use the Service or these Terms of Service (however arising, including due to negligence).

You agree to indemnify and hold us harmless (as applicable) and our parent company DIGITAL-DRIVEN EVOLUTION LLC, subsidiaries, affiliates, partners , officers, directors, agents, employees and suppliers from any claim or demand, including reasonable attorneys’ fees, brought by us. by any third party in relation to:

a) your breach of these Terms of Service or the documents to which it refers (including the Acceptable Use Policy);

b) your violation of any law or the rights of a third party; either

c) any aspect of the transaction between you and your Customer, including, but not limited to, refunds, fraudulent transactions, alleged or actual violation of applicable laws (including federal and state consumer protection laws) , or your breach of the Terms of Service.

You will be responsible for any breach of the Terms of Service by you or your affiliates, agents or subcontractors, and will bear the consequences to the same extent as for any breach by you.

You assume the entire risk for your use of the Services, which are provided “as is” and “as available” without any express, implied or statutory warranty or condition.

The Mercalicho platform depends on the use of third-party services so:

does not guarantee that the Services will be provided on an uninterrupted, timely, secure or error-free basis and,

that the results obtained from the use of the Services are accurate or reliable.

So Mercalicho :

It is not responsible for any of your obligations or tax liabilities related to the use of the Services and does not guarantee that the quality of the products, services, information or other materials that you purchase or obtain through the Mercalicho Services will meet your expectations. , and does not guarantee that any errors in the Services will be corrected.

8. Intellectual Property and its Materials

8.1. Vendor Materials

We do not claim ownership of the Materials you provide to Mercalicgo ; however, we require a license to use such Materials. You, as a seller, grant Mercalicho a non-exclusive, transferable, sublicensable , royalty-free, worldwide right and license to host, use, distribute, display, modify, perform, copy, store, publicly perform, communicate to the public (including by telecommunication), disseminate, reproduce, make available, display, translate and create derivative works from any Material provided by you in connection with the Services. We may use our rights under this license to operate, provide and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant and agree that you own all necessary rights in the Materials to grant this license. You further irrevocably waive in favor of Mercalicho any and all moral rights you may have in the Materials and agree that this waiver may be invoked by any person who acquires rights to the Materials through Mercalicho , including to any person to whom Mercalicho transfers or grants (for example, by license or sublicense ) any rights in the Materials.

If you already owned the Materials before giving them to Mercalicho , then they will remain yours even after you upload them to your Store, but they will be subject to any rights or licenses granted in the Terms of Service or otherwise. You can delete your Store at any time by deleting your Account. Deletion from the Store does not terminate any right or license granted over the Materials that Mercalicho requires to exercise any right or comply with any obligation that has arisen during the Term.

You agree that Mercalicho may, without implying any obligation, review and delete at any time any of the Materials submitted to the Services offered.

You grant Mercalicho a non-exclusive, transferable, sublicensable , royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”). to operate, provide and promote the Services, and to comply with our obligations and exercise our rights under the Terms of Service. This license will survive termination of the Terms of Service only to the extent that Mercalicho needs it to exercise any rights or fulfill any obligations that arose during the Term.

8.2. Intellectual property of Mercalicho

Unless you have written authorization from Mercalicho , you agree not to use any trademark, logo or service mark, whether registered or unregistered. These include the MERCALICHO word mark itself. You also agree not to use or adopt any trademark that could be confused with the Mercalicho Registered Trademarks .

You agree not to purchase, register or use search engine keywords or other pay-per-click keywords (such as Google Ads ), trademarks, email addresses, social media names or domain names (including, but not limited to , top-level domains, subdomains and page URLs) that use or include the word Mercalicho or the Mercalicho Trademarks , or that use or include any terms that could be confused with the Mercalicho Trademarks .

You agree that the Terms of Service do not give you any right to exploit Mercalicho’s patents.

9. Additional services

9.1. SMS Messaging

 The Services allow you to send certain communications to your customers, such as order confirmation notifications, via short message service or SMS (the “SMS Services”). You must use the SMS Services in accordance with these Terms of Service, the laws of the jurisdictions sending and receiving messages, and any other applicable policies (including Nexmo Inc.’s Acceptable Use Policy and Acceptable Use Policy of Twilio and its successive modifications).

9.2. Store Theme

Mercalicho offers a base template for your store theme, which you can configure with your contact details, geolocation, logo and a banner. Being a platform focused on providing services to Seller users, it is not allowed to modify the base Theme template of your Store.

9.3. Mercalicho APP

The Mercalicho APP is a management and sales application that is available to seller and customer users and allows them to interact.

The Mercalicho APP is considered part of the Services and is governed by all terms applicable to the Services. Without prejudice to the general nature of the previous mention and under these Terms of Service and all applicable guidelines and policies, Mercalicho reserves the right to deny total or partial use of the Mercalicho APP and access to it for any reason. and at any time without prior notice.

We may display your Materials, including product or service postings, Your Trademarks and any other content, data or information from your Store on the Mercalicho APP .

Although the Mercalicho APP allows its Users to buy natively in it, the transaction is completed in its Store on the Mercalicho platform .

Your Products and your use of the Mercalicho APP must at all times comply with applicable law, our Seller User Guidelines, these Terms of Service, Additional Terms, and all other applicable policies and guidelines.

As in other areas of the Service, Mercalicho has no obligation to intervene in any dispute that arises between you and your customers (including Users of the Mercalicho APP ).

9.4. External Services

Mercalicho may recommend, enable or provide you with access to software, applications, products, services or links to external websites, for your consideration or use. Such External Services are available only as a convenience to you, and your purchase, use or access to such External Services is solely between you and the applicable third-party service provider. In addition to these Terms of Service, you also agree to be bound by any specific additional terms that apply to services you purchase or that are offered by Third Party Providers.

10. Comments and reviews

Mercalicho welcomes any ideas or suggestions regarding improvements or expansions of the Services. Communicating to Mercalicho any idea, suggestion or material related to, or your opinion of, the Services, External Services or any External Provider will not be subject, under any circumstances, to confidentiality obligations or expectations of compensation. By submitting Comments to Mercalicho (directly or through a posting on a forum or page, you waive any and all rights to the Comments. Likewise, if Mercalicho wishes, it is free to implement and use the Comments, original or modified , without the need to obtain any permission or license from you or any third party. Any opinion of a Third Party Service or a Third Party Provider that you submit to Mercalicho must be, to the best of your knowledge and belief, as accurate as possible, and must not be illegal, obscene, threatening, defamatory or inappropriate. Nor must it invade the privacy of third parties or infringe their intellectual property rights or harm them in any other way. Mercalicho reserves the right (but not the obligation) to delete or edit a Comment on the External Services. or Third Party Providers, although it does not regularly inspect posted Comments.

11. DMCA Notice and Takedown Procedure

Mercalicho supports the protection of intellectual property and asks Seller users to do the same. It is our policy to respond to all notices of alleged copyright infringement. If anyone believes that one of our Sellers users is infringing their intellectual property rights, they can submit a notification using our contact form. Upon notification, we may remove or disable access to products identified as infringing copyright. Once the Seller user receives a notification of the elimination procedure, they may, if they object to the complaint, reply with a counter-notification through our form. The person who initiates the claim has 15 business days after we receive the counter-notification to request a court order preventing the Seller user from continuing with the infringing activity; Otherwise, we will reinstate the products. Learn more about reporting intellectual property infringements.

12. Privacy and data protection

Mercalicho is firmly committed to protecting the privacy of your personal information and that of your customers. By using the Service, you agree that Mercalicho ‘s collection, use and disclosure of such personal information is governed by our Privacy Policy.

To the extent Mercalicho treats the personal information of its customers as a “data processor” or “service provider” under certain data protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Mercalicho ‘s collection and use of personal information will also be subject to Data Processing.

13. DIGITAL-DRIVEN EVOLUTION LLC Contracting Party

Mercalicho Contracting Party ” refers to DIGITAL-DRIVEN EVOLUTION LLC, a US company with offices in 8206 Louisiana Blvd Ne, Ste A Albuquerque NM 87113.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the province of New Mexico with respect to any dispute or claim arising out of or related to the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is expressly excluded from this document.

14. Validity and termination

We may terminate your account at any time.

The term of these Terms of Service will begin on the date you complete your registration to use a Service and will continue until terminated by us or you as provided below.

You may cancel your Account and terminate the Terms of Service at any time by canceling your account or sending an email to the platform administration.

Without prejudice to any other action we may take, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that has (by conviction, settlement, insurance or trust investigation, or otherwise) engaged in fraudulent activities related to the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations that arose prior to the date of termination.

Upon termination of the Services by either party for any reason:

Mercalicho will stop providing the Services to you and you will no longer be able to access your Account.

Unless otherwise provided in the Terms of Service, you will not be entitled to any refund of any Fees, pro rata or otherwise.

Any outstanding balance owed to Mercalicho for use of the Services up to the effective date of such termination will be due immediately and in full.

Your Mercalicho Store will be deregistered.

If there are any outstanding Charges owed by you on the date of termination of the Service, you will receive a final invoice via email. Once the invoice has been paid in full, you will not be charged again.

15. Modifications

We reserve the right, at our sole and absolute discretion, to update or change any part of the Terms of Service at any time. We will provide you with reasonable advance notice of changes that may have an adverse effect on your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, posting a notice on the dashboard of Mercalicho control or through similar means. However, Mercalicho may make changes that adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect.

I) for legal, regulatory, fraud and misuse prevention, or security reasons; either

II ) to restrict products or activities that we consider unsafe, inappropriate or offensive.

Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of the updated version. Your continued use or access of the Services after we have provided such notice, if applicable, or after we have posted the updated terms, you will be deemed to accept the changes and be bound by the revised Terms of Service. If you do not agree to the changes, you must stop using and accessing the Services.

Mercalicho may change the Service Charges from time to time. We will notify you 30 days in advance by sending an email to the Primary Email Account, posting a notice in the Mercalicho control panel or by similar means. Mercalicho will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

16. General conditions

The Terms of Service and the documents they refer to constitute the entire agreement between the user and Mercalichoy , and govern the use of the Services and your Account, superseding any prior agreements between the user and Mercalichoy (including, but not limited to, any prior version of the Terms of Service).

Mercalicho’s failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any or all provisions of the Terms of Service (or the documents to which they refer) are found by a court of competent jurisdiction to be contrary to law, such provision will be modified and interpreted, to the maximum extent permitted by law , in the manner that best meets the objectives of the original provision. The remaining provisions of the Terms of Service will remain in full force and effect.

Except as otherwise set forth herein and except for you, Mercalicho , its affiliates and any person accessing the Mercalicho Services pursuant to these Terms of Service, no person or entity that is not a party to these Terms of Service may enforce its provisions, regardless of whether such person or entity has been identified by name or as a member of a class, or meets a particular description. For the avoidance of doubt, this will not affect the rights of any beneficiary or authorized assignee of these Terms.

The Terms of Service may be available in languages other than English. In the event of a discrepancy or conflict between the English version and other language versions, the most recent English language version of said Terms of Service, which is available at https://mercalicho.com/vendedores/codiciones_vendedores, will prevail.

All terms and provisions of these Terms of Service shall be binding upon and inure to the benefit of the parties to these Terms and their respective legatees, successors in any capacity, permitted assigns, and conventional or legal representatives. Mercalicho may assign these Terms of Service without prior notice and without your consent. You will not have the right to assign or transfer these Terms of Service, or any of your rights or obligations hereunder, to third parties without the prior written consent of Mercalicho , which may grant or deny it in its sole discretion.

If any provision, or part thereof, of these Terms of Service is deemed void, illegal or unenforceable in any respect for any reason, such voidness, illegality or unenforceability shall not affect any other provision (or the unaffected portion of the provision). provision) of the Terms of Service, which shall be construed as if such void, illegal or unenforceable provision or part of the provision had never been included in the Terms of Service.

Upon termination, all rights and obligations under the Terms of Service immediately terminate, with the following exceptions:

a) you will remain responsible for the fulfillment of all your obligations in relation to the transactions entered into before the termination and for any liabilities that have accrued before or as a result of the termination; and

b) all of the clauses set out above will remain in force after the termination or expiration of these Terms of Service.