Welcome to MERQARY.com!
A few things to consider…
First and foremost, please be respectful of yourself and other MERQARY.com members.
By joining MERQARY you are joining a community of like-minded enthusiasts who are passionate about trading and collecting. Our desire for MERQARY is for it to be a place where you can Unlock Your Passion for Trading and Collecting… and that all starts and finishes with the way we treat each other. So please, act with respect.
Inside MERQARY you can build a digital showcase of your collection, create Want-Lists and Have-Lists, automatically get matched to other members who are selling/Auctioning cards you want, immediately access fully uniformed and verified checklists, and much much more. We have built, and continue to build MERQARY.com as Your Ultimate Trading Card Universe.
MERQARY.com will be referenced individually or collectively as ‘MERQARY’, ‘MERQARY.com’, ‘Site’, ’we’, ‘us’, or ‘our’, and the services we provide are referred to as our ‘Services’
Our mission is to help you Unleash Your Passion for Trading and Collecting… and we invite you to join our community and have a good time while following our rules.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of MERQARY Pty Ltd (ABN 77 646 988 972) and/or its content creators and protected by international copyright laws. The compilation of all content included in MERQARY.com is the exclusive property of MERQARY Pty Ltd and protected by international copyright laws.
When you use our website or send e-mails or private messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, private message, or by posting notices on this site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- This document and any documents referred to within it will collectively make up the 'Terms of Service'.
Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service.
Content that is posted by Members using our Services will be ‘Your Content’. Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
Our services include an online platform service that provides a place and opportunity for the creation of your very own digital showcase for your collection, the creation of have lists and want, the listing of goods or services for Sale/Auction between members of MERQARY, who at any time may be a ‘Buyer’ and/or a ‘Seller’, collectively known as ‘Members’, ‘Users’ or ‘Parties’. The actual contract for a sale is directly between any Buyer and/or the Seller. We are not a party to any sale contract or any other contract between any Buyer and Seller.
Parties to the transaction will be entirely responsible for the sales contract between them in accordance with the listing of goods for Sale/Auction, warranty of purchase and like. As such, MERQARY.com accepts no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10, 11 and 12). We do not pre-screen Members/Users and any of Your Content. Whilst we will take action where/when we deem necessary (for example, removing or suspending accounts) against Members/Users (Buyers and/or Sellers) who don’t act in accordance with our terms and conditions, we cannot ensure that Members/Users will actually complete a transaction.
- We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
- Members/Users in possession of another Members/User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow that Member/User (owner of personal data) the right to remove their collected data from Member/User (receiver of personal data) from the database upon request.
You'll need to create an account with MERQARY.com to use some of our Services. Here are a few rules about accounts with MERQARY.com:
- You must be 18 or older to use our Service. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
- Be honest with us and other Members/Users, and provide accurate information about yourself. Providing false information or impersonating another person or company through your account is strictly prohibited.
You are solely responsible for maintaining the confidentiality of your private user details (username and password). You are solely responsible for any activity on your account. If you decide to share your account with other people, you remain responsible for all activity that occurs on your account.
If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms of service on behalf of the business. And you understand and agree that your accounts are not transferable.
- You agree that MERQARY.com will not be liable for any losses or damage of any kind whatsoever in relation to you giving out, losing or otherwise a third-party gaining access to your account, with or without your permission
All cards on the MERQARY site MUST be the original card as produced by the trading card manufacturer. It is strictly prohibited to store, sell or trade fake or reproduced products of any kind and by signing up for a MERQARY.com account to agree to adhere to this condition.
MERQARY.com reserves to right, at its sole discretion, to deal with any case involving a fake or reproduced produced card. This may include in, but is not limited to, a warning and/or immediate deletion of your account. In any case, this does not excuse you from making right a transaction where a buyer has been supplied a fake or reproduced product, and at the very least the buyer is entitled to a full refund of the purchase price plus shipping from you the seller.
In any case where a members account is deleted for this reason, MERQARY.com will not be required to refund any unused portion of any members monthly or annual payment already made.
- We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of MERQARY.com where applicable, or third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
- You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you are not infringing or violating any third party's rights by posting it.
- By uploading or posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote/sell the Services or our Site. You further agree to make no claim for remuneration (monetary or otherwise) against the use of any such content. We do not claim ownership to Your Content, but we have your permission to use it without charge, restriction or limitation.
- If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.
- You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar, sexual by nature or sexually referenced, discriminatory or otherwise offensive or in violation of our Prohibited Items/Services section 14.
- You agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
- We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
- You are responsible for paying all fees that you owe to MERQARY.com. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
- You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
- Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action.
- If you believe a Member/User on our Site is violating these terms, please contact us.
Purchase and Payment
- MERQARY.com supports payments through third-party payment channels and may vary depending on the jurisdiction you are in. As a Member you are responsible for any fees associated with the use of your account from third-party payment channels when buying or selling items.
You are not responsible for payment fees MERQARY.com incurs in relation to collecting your membership fees or high value card selling fees.
- We may at our discretion over time introduce other payment methods. If you choose to use these, as a Member you are responsible for any fees associated with the use of your account from these services when buying or selling items.
- All sales on the platform are final. The Seller is obligated to complete the transaction with the Buyer in a prompt manner; and the Buyer is obligated to complete the transaction with the Seller in a prompt manner.
- MERQARY.com may obtain fees for the Service from transactions that are completed through the System.
Seller Fees or Commission
Selling/Commission fees for any cards sold on the MERQARY platform are different depending on the type of membership you have. Each monthly membership plan (excluding ‘Rookie’ and ‘Collector’ Memberships) permits a certain number of commission free sales per month in the MERQARY Marketplace, and at any time you can upgrade your account during a month to access a higher number of commission free sales in that month.
Any transaction (whether an individual card or lot) sold above US$250.00 (including taxes, if any, and shipping costs) will attract a selling fee of 2.5% on the amount of the transaction above US$250.00 only.
As an example, if a card is sold for US$300.00, then the 2.5% selling fee will be applied to the sale value above US$250.00, which in this example is US$50.00. Hence, the selling fee due in this example would be US$50.00 x 2.5% = US$1.25
Please visit membership plan to view the benefits of each individual plan.
- Any selling fee where applicable is deducted at the time of the transaction.
- All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your buyer's location. All payment processing fees will not be included in the selling fee where/if applicable (sales above US$250.00).
- As a seller, you agree to properly manage and ensure that relevant information such as the price and the details of items, inventory amount etc is correct; and will not post inaccurate or misleading information.
- The pricing of items/services for sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Sellers will not charge Buyer such amounts additionally and separately.
- Sellers are obligated to deliver items/services as described in a prompt manner unless there is an exceptional circumstance. If there are any exceptional circumstance the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.
- If you sell a card with tracked delivery you agree to ensure that the tracking information is provided to the Buyer.
- Sellers will issue additional receipts to Buyer on request.
- You agree not to upload/post/sell counterfeit products.
- Where possible, you agree to ship cards sold in a secure manner (eg: Toploader/decoys/padded envelope). Plain white envelopes are not considered a secure manner.
- When you buy an item on MERQARY.com, you are agreeing to complete the purchase of the goods bought.
- You additionally agree to make prompt and where possible immediate payment.
- Unpaid items are considered a violation of our buying policies. All unpaid items will be recorded against a buyer's account.
- Should a Buyer fail to make payment as agreed upon or withdraw from a transaction, MERQARY.com reserves the right to review and remove Buyer's at our discretion from the platform in the best interest of the community.
- As a Buyer, if you purchase an item without requesting tracked shipping, then you agree to assume the ‘risk of loss’ that the item may not arrive.
Disputes with Other Users
- The platform is fundamentally a trust-based platform. You agree to engage in and with all other members on the MERQARY.com platform in an honest and truthful manner.
- If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party, communicate with respect and try to resolve the dispute amicably.
- Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we cannot and will not make judgments regarding legal issues or claims.
- Whether you are a Buyer or a Seller of an item/service, you must cooperate with us throughout the dispute resolution process. Where requested you agree to provide all information relating to any dispute that we are investigating. Such requests will be directed to your designated email address. If we are unable to get a response from you, we may close the investigation or determine that the investigation has been resolved in favour of the other party.
Disputes as a Buyer
As a Buyer you may raise two types of disputes, one where the 'item is not delivered' and the seller is not responding to any of your attempts to communicate. The second type of dispute is where the 'item is significantly not as described'.
- As a Buyer you may pursue a dispute about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your dispute.
- If you have received a refund/exchange from the seller, you may not dispute that transaction.
- If the 'item is not delivered' and you made your purchase with a tracked delivery, under MERQARY.com T&C’s the seller is required to provide you this information. If they have not or will not, we will ask the seller to provide proof of shipping and delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in your favour. It is then up to the seller to issue a refund. As the sales contract is between the seller and the buyer, we are unable to force a seller to complete a refund. However, sellers that refuse to do under these conditions will have their membership to MERQARY cancelled.
- If the 'item is not delivered' and you made your purchase without a tracked delivery, then as per condition 10.5, you have already agreed to assume the ‘risk of loss’ and we are unable to assist further. You have the option to politely communicate with the seller for more information.
- If the 'item is significantly not as described', and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the seller as well as any documentation provided. All decisions made by us are final.
Disputes as a Seller
- As a seller, we encourage you to actively communicate with any buyers especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your buyers in order to avoid any unnecessary disputes. Basically, we ask you to treat other MERQARY.com members as you would like to be treated.
For 'items that are not delivered' and that were purchased with tracked shipped, as per MERQARY T&C’s you are required to provide all tracking details. If you do not adhere to provide these details (upon request of your buyer) we will contact you to request for proof of shipping. You agree that you will provide this information.
The shipping documentation must clearly show that you have shipped the item to the buyer's address as reflected on the sales information. The documentation must be able to be tracked online showing the date the item was sent and the official acceptance of the item by the shipping company and the status update that the item was delivered (buyer's acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided, then we may resolve the dispute in favour of the buyer and as the seller you will be required to refund the Buyer. If you do not, we may at out discretion close your MERQARY.com account.
- For 'items not as described' disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the buyer as well as any documentation provided. All decisions made by us are final.
- If the buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
Disputes with MERQARY.com
At MERQARY we are passionate about trading and collecting. We want your experience on MERQARY to be nothing short of exceptional and will do whatever we can to make that a reality. If you are upset with anything to do with MERQARY.com, please let us know and hopefully we can resolve your issue. If I the unlikely evet that we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
- Governing Law. The MERQARY local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
- You agree that any dispute or claim arising from these Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
Changes to the Terms
- We are constantly updating and improving MERQARY.com to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
- We may revise, and reserve the right amend these Terms of Service at any time, but the most current version will always be available via any of the links at the bottom of almost any MERQARY.com website page.
- We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
- The current version of the Terms of Service present on our website at any point in time contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
Robots and Screen Scraping
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MERQARY.com without express written consent.
Prohibited Items/ Services
MERQARY.com is a platform for the collecting, trading and selling of hobby collectables (trading cards). We prohibit the posting and/or sale of certain types of items from our marketplace.
As a member of MERQARY you agree not to upload/post/auction/sell items of an objectionable manner or items not in line with the purpose that MERQARY.com is designed to serve.
Whilst it should not need to be listed, below is a non-exhaustive guideline on prohibited items that are not allowed for sale.
If an item/service is found to be in violation of this policy, we may subject the Member to a range of adverse actions, including listing deletion, account suspension/termination and legal action at our discretion.
The following types of items are prohibited:
- Tobacco products, smokeable products, e-cigarettes and e-liquid
- Drugs and drug paraphernalia
- Medicine, medicinal instruments and items with objectionable medical claims.
- Live animals and insects
- Items made or derived from animals, including, but not limited to, endangered species and exotic animals
- Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
- Human beings, human remains, body parts and items made from human remains, except for hair
- Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
- Items or listings that promote, support or seek to engage users in illegal activity
- Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
- Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
- Counterfeit items
- Unauthorized resale of tickets
- Stolen or Illegal goods
- Illegal services not limited to prostitution
- Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
- Used undergarments and intimate items
- Recalled items or items that present unreasonable risk of harm
And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
Contact, feedback and complaints
If you need to contact us, please click on contact us for our contact details. We value hearing from our members and are always interested in learning about ways we can improve MERQARY.com. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
Warranties and Liabilities
All the information provided on MERQARY.com is provided on an “as is” and “as available” basis and you agree that you use such information entirely at your own risk.
MERQARY.com gives no warranty and accepts no responsibility or liability for the accuracy or the completeness of the information and materials contained in this website.
To the fullest extent permitted by law, in no event will MERQARY.com be liable for any loss or damage of any kind whatsoever (including without limitation economic loss, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general or special damages) suffered or incurred by you or any other person or entity, howsoever arising whether in contract, tort, negligence, or any other legal theory, and whether or not MERQARY.com is advised of the possibility of such damages, in connection with or as a result of MERQARY.com, including but not limited to the following:
- use and/or access (or inability or delay in the use and/or access) of MERQARY.com;
- any content or information made available on MERQARY.com (including any errors, omissions or inaccuracies thereof);
- any content or information made available on MERQARY.com that infringes the rights of any third party,
- any intrusion or any attack by any person, hardware, software, virus, trojan horse, worm, malware and/or macros or other harmful components arising from any use and/or access of MERQARY.com;
- any websites (including the content therein) maintained by third parties, which are accessible via a link from or to MERQARY.com; and/or
- any unauthorised access to or alterations of your transmission or data.
In addition, MERQARY.com is not responsible for the contents of websites that are maintained by third parties and therefore shall not be liable or responsible for any links from MERQARY.com to other websites.
You agree to indemnify, defend and hold MERQARY.com, and its subsidiaries, affiliates, officers, agents, co branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party against MERQARY.com due to or arising out of Your use of the Service, including without limitation: any violations by you of the T&C’s; any violation by you of the purchases/sales terms or agreements reached through the System; and/or your violation of any rights of another. Upon request you will provide MERQARY.com with a reasonable advance payment for such defence and indemnification.
Reservation of Rights
We reserve all rights to refuse service, terminate accounts, or remove or edit content in its sole discretion.
It will be our sole decision as to whether there has been a breach of these Terms of Service. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Terms of Service. Where we believe there is a breach of the Terms of Service, we may take whatever action we feel is appropriate in the circumstances.
This website is owned and operated by MERQARY Pty Ltd. ABN 77 646 988 972