Accepting the Terms

These Terms of Service (“Terms”) are legally binding between you and Mercari, Inc (“Mercari” or “we"). These Terms govern the general access and use of all our digital platforms that contain a link to these Terms (“Platforms”), and include your rights and responsibilities when you use the services made available in your jurisdiction through the Platform (“Services”).

For the purposes of these Terms, Services shall not include any services that are not made available for use in your jurisdiction or are not expressly stated in these Terms (including but not limited to the services made available to residents of Japan or the US).

BY USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT AND SHALL COMPLY WITH ALL THE PROVISIONS CONTAINED IN THESE TERMS.

By using the Service, you further agree to comply with the guidelines and rules that we may post on the Platform from time-to-time ("Guidelines"). Mercari has a Help Center which publishes the Guidelines and addresses frequently asked questions. You can access the Help Center by selecting ‘Help’ or its equivalent, as displayed in your language settings.

We may amend the Terms at any time by posting a revised version on the Platform. The revised version will have immediate effect from the time it is published. If we change the Terms in a way that significantly impacts your rights or responsibilities, we will notify you separately by email to your registered email address.

1. Description of the Service

1. The Platform is an online marketplace where individuals or stores ("Exhibitors") list items ("Items") for sale to other users.
2. Information on the Platform may be displayed in your local language in accordance with the available language settings. The use of machine translations from original Japanese language to display the information in any other language, is solely for your reference only. Neither Mercari nor Exhibitors shall be held liable for any consequences arising from inaccuracies of such translations.
3. In order to access most features of the Service, you must register an account with us (a “Proxy Purchase Account”). We collect, process and use your personal information that you provide both when registering with us and throughout your use of the Services. To find out more about how we handle and protect your personal information, please refer to our Privacy Policy. If you create a Proxy Purchase Account, you can save your browsing and search history on the Platform and "Like" Items listed by Exhibitors. However, you cannot directly purchase an Item from an Exhibitor on the Platform. If you wish to purchase an Item, you are required to use the purchase support service ("Proxy Service") by recognized providers ("Proxy"). Your use of the Proxy Service is subject to separate terms and conditions provided by the Proxy ("Proxy Terms.") The list of Proxies who provide Proxy Services in your jurisdiction can be found at the end of these Terms, along with a link to their respective Proxy Terms. For clarity, Mercari functions solely as the operator of the Platform and does not act as your Proxy for Item purchases unless explicitly stated otherwise. Neither shall Mercari be regarded as an agent or Proxy for any Exhibitors listing Items on the Platform.
4. You acknowledge and agree that you are prohibited from using our Services to purchase Items with the intention of reselling them for commercial purposes.
5. The prices of Items shown on the Platform, which may be automatically converted to your local currency, are for reference only. The final price will be displayed to you by the Proxy on the checkout page in your local currency.
6. If you purchase an Item using the Proxy Service, you can track your order and the delivery status on your Proxy Purchase Account and receive notifications regarding the delivery of your Item by having an email sent from us to your registered email address. However, such delivery notices are given on behalf of the Proxy for your convenience only and Mercari shall not be responsible for the accuracy, completeness, or any other aspects of the information contained in the delivery notice. If any issues arise in relation to payment, delivery, duties or other aspects of the transaction, such issues must be resolved between you and the Proxy in accordance with the Proxy Terms. Neither Mercari nor Exhibitors shall be liable to you for payment, delivery or other aspects of the purchase to the fullest extent permitted by the applicable laws and regulations in your jurisdiction (“Applicable Laws”) or the governing law of these Terms.
7. Mercari, as the operator of the Platform, does not sell, purchase, or take possession of any Item, either for itself or on behalf of you, the Proxy, Exhibitors, or any other third parties.
8. You acknowledge that Items listed by Exhibitors on the Platforms are generally intended for and targeted towards residents of Japan. You further acknowledge and agree that, to the maximum extent permitted by the Applicable Laws, you may not be granted the full protection that would otherwise be offered under the Applicable Laws when using our Services.

2. Your Proxy Purchase Account with Mercari

If Mercari determines that your use of a Proxy Purchase Account violates any of these Terms and/or Guidelines, or is otherwise inappropriate or illegal, Mercari may, at its sole discretion, take action, including but not limited to the termination of your Proxy Purchase Account. If you have previously violated the Terms using another Proxy Purchase Account, refuse to provide information which we have requested, provide false information, or are reasonably determined by Mercari to be a Foreign Politically Exposed Person, or if we are unable to verify the information you have provided, you may be deemed ineligible for a Proxy Purchase Account and we may limit, suspend or terminate your Proxy Purchase Account.

Here are a few rules about Proxy Purchase Accounts with Mercari:

1. To have a Proxy Purchase Account, you must reside in one of the jurisdictions listed at the end of these Terms ("Listed Jurisdiction"). Our Services are not intended for individuals residing outside the Listed Jurisdictions and we reserve the right to refuse to provide any of the Services if you do not reside in one of the Listed Jurisdictions.
2. In principle, we do not permit minors to register for a Proxy Purchase Account. For the purposes of these Terms, a “minor” will be determined in accordance with the Applicable Laws of your jurisdiction. Notwithstanding the above, Mercari may, in certain jurisdictions, as determined by Mercari in its sole discretion, permit minors to create a Proxy Purchase Account and use our Services if parent/legal guardian consent is properly obtained subject to the Applicable Laws.
3. You shall not use the Proxy Purchase Account for money laundering or for any other illegal purposes, or in violation of any law, regulation or the provisions contained in these Terms. As a condition for using the Service, we hold you accountable for any such prohibited use.
4. You may register for and maintain only one Proxy Purchase Account at a time.
5. You are required to provide us with current and accurate information about yourself (such as your name, date of birth, country of residence, email address, and phone number) (“User Information”). It is prohibited to use false information or impersonate another person through your Proxy Purchase Account.
6. You are solely responsible for any activity on your Proxy Purchase Account.
7. You are responsible for ensuring your Proxy Purchase Account accurately reflects your current User Information including your contact information, such as your email address. You may be asked to update or verify this information from time to time so Mercari may continue to service your Proxy Purchase Account.
8. You are responsible for keeping your Proxy Purchase Account password secure. If you believe your Proxy Purchase Account has been compromised, please check this guide.
9. Please visit the Help Center for questions about setting up a Proxy Purchase Account.

3. Voluntary Termination

You may terminate your Proxy Purchase Account with Mercari at any time from your account settings. You can find more information in the Help Center. Upon termination of your Proxy Purchase Account, your personal information, including but not limited to information about your transaction history may be retained in our records for a certain period. For more information about how we handle your personal information, please refer to our Privacy Policy. However, we recommend saving any information you may need before terminating your Proxy Purchase Account.

Unused coupons become invalid and expire upon termination of your Proxy Purchase Account.

4. Your Use of the Services and the Platform

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Platform subject to these Terms and the following restrictions. Mercari reserves all rights not expressly granted to you.

1. Unlawful Use of our Services. You agree that you will not violate any laws or regulations in connection with your use of the Service. This includes any local and international laws and regulations that may apply to you.
2. Harmful Use of our Services. You agree not to interfere with or try to disrupt the Service, including but not limited to distributing viruses, harmful computer codes, or any other activity that provides an excessive burden on the Service, or otherwise negatively affects the enjoyment of the Service by other users.
3. Items You Purchase. Mercari does not manufacture, store or inspect any of the Items listed on the Platform. We provide the trading venue; but the Items listed on the Platform are listed and sold by independent third-party Exhibitors, so Mercari cannot and does not make any warranties about the Items’ quality, safety or legality. Furthermore, we are not responsible for any inaccuracies in the Item descriptions. As stated above, we are the operator of the Platform and not an agent or a Proxy of the Exhibitors. If you use the Proxy Service, any legal claim related to an Item you purchase must be brought directly against the Proxy. In addition, you understand and agree that import and customs compliance under the Applicable Laws for Items purchased via the Proxy Service is solely your responsibility. You agree to release Mercari from any and all claims related to Items listed on the Platform, including but not limited to product liability claims for defective Items or Items that caused physical injury.
4. Content You Access. You may come across materials that you find offensive or inappropriate while using the Service. Mercari is not responsible for the decency, accuracy, or legality of content posted by Exhibitors on the Platform. You agree to release Mercari from all liability relating to that content to the maximum extent permitted by Applicable Laws.
5. Account Limitations. At its sole discretion, Mercari may limit or restrict your use of the Service if it reasonably determines such limitation or restriction necessary. For example, if we find improper or illegal activities on your Proxy Purchase Account, you fail to provide the requested User Information, or we need to comply with Applicable Laws. To remove such limitations or restrictions, you may be required to complete certain actions.
6. Prohibited Use of the Platform. You may not modify, alter, reproduce, distribute or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Platform. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Applicable Laws or regulations or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any content available through the Platform.
7. Open Source or Third Party Software. The Service may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.
8. Third Party Services and Linked Websites. The Service may contain links to third-party websites or services that we don’t own or control. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Mercari is not a party to those agreements; they are solely between you and the third party.
9. Service Provided "As Is". Mercari is dedicated to making the Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that the Service is provided “as is” and without any kind of warranty, whether express or implied, to the largest extent permitted by Applicable Laws. We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
10. No Guarantee. We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. However, we will make reasonable efforts to help ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

5. Limitation, Suspension or Termination

Mercari reserves the right, at its sole and absolute discretion, to change, suspend, limit or discontinue any of the Service, in whole or in part at any time for any reason, without notice (unless otherwise required by Applicable Laws).

We may refuse to provide the Service to anyone and may terminate or suspend your Proxy Purchase Account (and any related Proxy Purchase Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by Applicable Laws. For example, Mercari will promptly terminate without notice your Proxy Purchase Accounts if you are determined by Mercari to be a repeat offender of violations against these Terms.

If we terminate, limit or suspend your Proxy Purchase Account or access to the Service:

1. You will no longer be able to use the Service.
2. If you use the Proxy Service, you remain responsible for any outstanding fee payments, shipping fees, payment disputes/funds reversals, returns and shall remain obligated to resolve any disputes with the Proxy which are a result of purchases of Items occurring prior to termination/suspension.
3. We may also require you to verify your identity by providing information including but not limited to your identification or contact information. Mercari may refuse your access to or suspend you from all or part of the Service until you satisfy our request.

6. Handling of coupons

You may earn coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Mercari. The value that may be earned by using coupons and/or other conditions of coupons shall be subject to the applicable campaign rules provided by Mercari. To the maximum extent permitted by Applicable Laws, Mercari may, at any time and at its sole and absolute discretion, change the rules or even terminate the entire coupon system. In such events, Mercari shall not be held responsible for the payment of refunds or any other compensation for the loss of existing coupons and/or credit earned by using coupons.

1. You will not be able to exchange coupons for cash, property, or any other economic benefits and/or any other benefits.
2. You will not be able to transfer coupons to any other user or person.
3. Mercari will not refund coupons for any reason whatsoever unless required to do so under Applicable Laws. In such a case, the calculation method for refunding the coupons shall be solely determined by Mercari in accordance with the Applicable Laws.
4. Coupons will expire in accordance with the applicable campaign rules provided by Mercari. Once expired, coupons will not be reinstated.
5. Mercari reserves the right to determine and interpret all matters concerning the use and validity of the coupons that are not explicitly stated in these Terms.

7. Indemnification; Limitation of Liability

Indemnity.

We hope this never happens, but if Mercari gets sued because of an action you took using the Service, you agree to indemnify us and assist in defending Mercari to the best of your ability. That means you must assist Mercari in defending any matter in which you were involved in by providing relevant information and documents. You must hold us harmless from any legal claims or demands (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of the Service, your breach of these Terms, or your Proxy Purchase Account’s infringement of someone else’s rights.

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Mercari from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Laws; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MERCARI DOES NOT ACT AS AN AGENT NOR A PROXY OF ANY EXHIBITORS AND IT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (III) WARRANTY OF COMPLIANCE WITH THE APPLICABLE LAWS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ENSURING COMPLIANCE WITH YOUR LOCAL IMPORT AND CUSTOMS LAWS AND REGULATIONS FOR ITEMS PURCHASED VIA THE PROXY SERVICE IS SOLELY YOUR RESPONSIBILITY, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH ALL APPLICABLE CUSTOM DUTIES, IMPORT PROHIBITIONS, IMPORT PERMITS, AND NOTIFICATION REQUIREMENTS. AS A USER OF THE PROXY SERVICE, YOU ASSUME ALL RISKS RELATED TO FORFEITURE, IMPORT DUTIES, PENALTIES, AND SANCTIONS.

SOME JURISDICTIONS MAY PROHIBIT THE DISCLAIMER OF WARRANTIES OR ANY PART THEREOF, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF ANY PART OF THE DISCLAIMER OF WARRANTIES IS NOT OR CEASES TO BE LEGAL, VALID, BINDING, AND ENFORCEABLE UNDER THE LAWS OF ANY JURISDICTION, NEITHER THE LEGALITY, VALIDITY, BINDING EFFECT OR ENFORCEABILITY OF THE REMAINING PARTS OF THE DISCLAIMER UNDER THAT LAW, NOR THE LEGALITY, VALIDITY, BINDING EFFECT OR ENFORCEABILITY OF THAT PART UNDER THE LAW OF ANY OTHER JURISDICTION SHALL BE AFFECTED.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAWS OR REGULATIONS, IN NO EVENT SHALL MERCARI, ITS AFFILIATES, NOR THEIR OFFICERS, EMPLOYEES, DIRECTORS OR SUPERVISORS BE LIABLE TO YOU FOR ANY ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERCARI HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE TO THE MAXIMUM EXTENT POSSIBLE UNDER THE APPLICABLE LAWS.

YOU AGREE THAT THE AGGREGATE LIABILITY OF MERCARI TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

MERCARI SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR PROXY PURCHASE ACCOUNT, RESTRICTING ACCESS TO YOUR PROXY PURCHASE ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

MERCARI SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES, THE RECEIPT, PROCESSING, ACCEPTANCE, OR THE SERVICE.

EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure.

Mercari shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or inaction, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; breakdown of communications facilities, power failures and/or internet disturbances.

8. Miscellaneous

1. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Mercari.
2. These Terms and the Guidelines supersede any other agreement between you and Mercari regarding the Service.
3. If any part of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
4. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms.
5. These Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
6. You may not assign or transfer these Terms or your rights and obligations under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms, or any of our rights and obligations under the Terms, at any time without your consent.

9. Notice

If Mercari determines that there is a need to notify or contact you, we will do so by sending a text message, email, or letter to the phone number, email address or mailing address provided by you or through push notifications from within the Platform. Alternatively, the notice may be displayed on the Platform, or by other reasonable means. Mercari shall not be liable for any damages incurred due to the fact that Mercari’s notice or communication was not received or was delayed.

You may print or download these Terms and Guidelines.

10. Governing Law and Jurisdiction

These Terms shall be governed and construed under the laws of Japan. Any dispute that arises between you and Mercari shall be submitted to the exclusive jurisdiction of Tokyo District Court as the court of first instance.

LISTED JURISDICTIONS

1. Taiwan
2. Hong Kong

PROXIES BYJURISDICTION