Terms Of Service
Please read carefully before using the services offered by Teexmart. Throughout the site, the terms “we”, “us” and “our” refer to the Teexmart.
Operates as a marketplace, Teexmart enables registered sellers (hereafter referred to as ‘Sellers’) to offer and sell their goods directly to buyers. By using Teexmart and its services in any capacity, you have agreed to the terms and conditions of the Terms of Service (“Agreement”) and agree to use the site and service solely as provided in this Agreement.
We reserve the right to modify these terms to better align with the operational requirements of the marketplace model and to ensure compliance with our payment service providers’ guidelines.
1. User Agreement
By violating this User Agreement in any capacity, you are subject to immediate removal of your campaign(s), possible forfeit of profit(s), and potential suspension or termination of your account.
We provides its website and related services to you (“Seller” or “you”) subject to this User Agreement (the “Agreement”), the Intellectual Property Policy (“DMCA”), the Refund Policy, and the Privacy Policy (this Agreement and the foregoing policies collectively referred to as “Terms of Use”). All of the terms and obligations outlined in the foregoing policies are incorporated by reference.
Delivery Procedure
Any time quoted for delivery is an estimate only; provided, however, that Teexmart shall use commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipment or delivery of any merchandise relieves Seller of their obligations under this Agreement.
Print Variance
Product production is generated from the artwork uploaded by the seller. The estimated positioning of the art work is provided by the seller. Print size and exact location may vary based on the product size. Colors are best matched to the artwork provided. Teexmart may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed; and are completely dependent on the artwork uploaded by the seller.
Price and Payment
Seller shall determine the price of the merchandise sold for each campaign, Teexmart shall retain from the customer payments, Teexmart will determine the base price as the cost of goods sold (including any additional expenses and fees Teexmart determines necessary to comply with the terms of this Agreement), and remit to Seller any amount in excess of such base price (“Seller Profits”).
3. Upload content on Teexmart
You retain the copyright to any content you submit or upload to the Teexmart website. By utilizing Teexmart services, you grant Teexmart a non-exclusive, royalty-free license to utilize and archive the content in alignment with or as reasonably anticipated by these Terms.
When submitting or uploading content on the website, you affirm and assure that:
– You hold the copyright to the content, or if not the owner, you possess permission to utilize the content, along with all necessary rights to display, reproduce, and sell the content.
– The content you upload will not violate the intellectual property rights or any other rights of any individual or entity, encompassing copyright, moral rights, trademarks, patents, or rights of privacy or publicity.
– Your usage of the website will adhere to all applicable laws, regulations, and rules.
– The content does not contain material that defames or disparages any person, group of people, races, religion, or religious group. Furthermore, it is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
– The content does not incorporate malicious code, including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may harm, disrupt, surreptitiously intercept, or expropriate any system, program, data, or personal information.
– The content is not deceptive or misleading and does not promote or disseminate fraudulent goods, services, schemes, or promotions.
Upon receipt by Teexmart of an allegation of infringement that comports with Teexmart’s Intellectual Property Policy, in Teexmart’s sole discretion, your campaign may be subject to immediate cancellation, possible forfeiture of any profits, and suspension or termination of your account with Teexmart.
We reserves the right to assess and, if deemed necessary at its sole discretion, remove any content from the website and/or terminate your account, should such content be found to violate your agreement with us and/or any applicable laws or regulations. You agree to indemnify Teexmart for any direct or indirect damages incurred due to your breach of one or more of these warranties.
4. Reporting Inappropriate Content to Teexmart
We does not conduct manual screening of content prior to its display on the website. Therefore, it is possible for members to inadvertently or intentionally submit and showcase content that violates these Terms.
Inappropriate content encompasses, but is not limited to, material that infringes upon the copyright or other intellectual property rights of any individual or company, as well as content that defames or disparages any person, group of people, races, religion, or religious group. Additionally, content that is deemed obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable is considered inappropriate. Teexmart reserves the right (though not the obligation) to remove or modify such content.
We encourage you to assist us by promptly notifying us of any inappropriate or potentially inappropriate content you encounter on the website by emailing [email protected]. If you suspect that your copyright or other intellectual property rights are being violated, you have the option to lodge a formal complaint using the procedures outlined in our Intellectual Property Policy.
5. Purchasing a Product on Teexmart
5.1 Placing an Order
Users can make purchases on the Teexmart website using a valid credit card or PayPal account.
Membership is not a requirement for purchasing a product.
The price you pay is determined at the time of purchase and remains fixed.
If you wish to cancel your order, you may do so within four (4) hours of placing it by contacting our Customer Service team at [email protected].
It is the customer’s responsibility to ensure the accuracy of the delivery address provided. Teexmart bears no responsibility for any product that a customer fails to receive due to inaccuracies in the provided delivery address.
We do not guarantee, endorse, or make representations regarding any content or product offered or provided by any member.
5.2 Shipping & Delivery
We warrant that it will ship orders within the time range stated in our Shipping policy. In certain circumstances, shipment and delivery can take longer than that (up to three weeks) We take the responsibility to inform customers about that delay beforehand when we know. Customers and Teexmart may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
We will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.
6. Indemnity
Seller agrees to indemnify, defend, and hold Teexmart, its officers, directors, employees, agents, representatives, as well as all third parties involved in printing, manufacturing, and/or fulfilling the products you sell via the website, including their officers, directors, employees, agents, and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees), or other expenses that arise directly or indirectly from:
– Your violation of any provision of these Terms.
– Any allegation that materials you submit to Teexmart or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.
– Your activities in connection with the website.
This indemnity applies regardless of the negligence of any party, including any indemnified person.
7. Withholding and Tax Matters
It is contemplated that the services and transactions described in this Agreement will not impose a withholding obligation upon Teexmart under Section 1442 of the Internal Revenue Code, as amended (the “Code”). Notwithstanding the foregoing, in the event Teexmart concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, Teexmart will withhold all applicable income tax from any payments or Seller Profits otherwise due to Seller.
Seller shall be solely responsible for payment of its own tax liabilities which may arise under the Agreement and shall indemnify Teexmart for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.
8. Disclaimers
We provides the site and service on an “as is” and “as available” basis. Teexmart does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Teexmart hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
You agree that Teexmart has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Teexmart does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
Due to normal changes in our industry and in our technical production processes, Teexmart may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
We may use subcontractors or third parties to provide certain elements of its site and service. You agree that Teexmart will not be liable to you in any way for your use of these services.
9. Limitation Of Liability
You use Teexmart and service at your own risk. Teexmart provides its site and service without any express or implied warranties (See Section 8.1 (Disclaimers) above). Teexmart is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Teexmart or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We are not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Teexmart, even if advised of the possibility of such damages. Teexmart‘s aggregate liability arising out of or in connection with the site and service or any agreement between you and Teexmart may not exceed the lesser $100 or the amount of cash actually exchanged between you and Teexmart within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, Teexmart‘s liability will be limited to the fullest extent permitted by applicable law.
10. Privacy Policy
Your privacy is very important to us. Users of our website should refer to our Privacy Policy – which is incorporated into these Terms by reference, for information about how we collect and use personal information.
11. Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
We collect and use your information according to its privacy policy. You acknowledge that you are responsible for securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.
12. Termination of access
We may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Teexmart believes that you (or any others whom Teexmart believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with Teexmart, its affiliates, contractual partners, or users; or if Teexmart believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Teexmart, its affiliates, contractual partners, or users. Limitations of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
If Teexmart exercises its rights under Section 12.1, or if you delete your account, this entire agreement and any other agreements you have entered into with Teexmart will survive indefinitely until otherwise terminated according to their terms, if applicable.
13. Linked Websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
14. General
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining conditions shall nevertheless continue in full force.
You may close your account at any time by emailing [email protected] and letting them know you want your account closed. We will then delete your account accordingly.
15. Contact Information
If you have any questions about the Terms, please email us via [email protected].