Terms of use

These Terms of use (“Terms”) govern access to and use of the Metamerch website, workspace and related services (the “Service”) operated by Metamerch (“we”, “us”, “our”). By creating an account, booking a demo, or using the Service you agree to these Terms.

A separate Vendor terms of use applies to contractors who register a vendor listing or use the vendor portal. Our Privacy policy explains how we process personal information under the EU/UK GDPR and South Africa’s Protection of Personal Information Act 4 of 2013 (POPIA).

1. Who we are

Metamerch is a software-as-a-service workspace for campaign management, artwork, inventory, merchandising, site branding and vendor control. Enquiries: anton.foster@metamerch.global

2. The Service

The Service lets authorised users manage business units, campaigns, sites, inventory, artwork, jobs, assignments and vendor relationships. Features depend on the plan you subscribe to and the permissions granted in your business unit. We may change, suspend or discontinue features with reasonable notice where the change is material.

3. Accounts and business units

• You must provide accurate registration details and keep your password confidential.
• Each business unit’s campaign, site, inventory and vendor-link data is scoped to that unit. You must not attempt to access another unit’s data.
• Account holders are responsible for users they invite and for activity under their credentials.
• You must be 18 or older, or have authority to bind the organisation you represent.

4. Acceptable use

You must not misuse the Service. In particular you must not:

• upload unlawful, defamatory or infringing content, or personal information you are not entitled to process;
• interfere with security, availability or other customers’ data;
• use the Service to send unsolicited marketing except where you have a lawful basis;
• reverse engineer, scrape or overload the Service except as allowed by law;
• misrepresent your identity or a vendor listing.

5. Customer content

You retain ownership of artwork, briefs, photos, inventory records and other content you upload (“Customer Content”). You grant us a limited licence to host, process and display Customer Content solely to provide the Service to your business unit, including sharing with vendors you invite or assign to jobs.

You warrant that you have the rights and lawful bases needed to upload Customer Content and to instruct us to process any personal information it contains.

6. Vendors and the public directory

The public vendor directory and vendor portal are optional parts of the Service. Listing a vendor, inviting them, or accepting a quote does not make that vendor our employee or agent. Commercial terms between a business unit and a vendor (quotes, invoices, site work) remain between those parties unless we expressly agree otherwise in writing.

7. Fees

Paid plans and paid directory listings are charged as described on the pricing page or in an order. Fees are exclusive of applicable tax unless stated. We may suspend access for undisputed overdue amounts after notice.

8. Intellectual property

The Service, including software, design, trade marks and documentation, remains our property or that of our licensors. These Terms do not transfer any IP except the limited licence to use the Service during your subscription.

9. Confidentiality

Each party must keep the other’s non-public information confidential and use it only to perform these Terms, except where disclosure is required by law or the information is already public through no fault of the receiving party.

10. Privacy and data protection

We process personal information as described in the Privacy policy. For Customer Content that contains personal information of your staff, sites or end customers, you are the responsible party (POPIA) and/or controller (GDPR), and we act as your operator/processor on your documented instructions, except where we must process data to meet our own legal duties.

11. Availability and support

We aim to keep the Service available but do not warrant uninterrupted or error-free operation. Planned maintenance will be notified where reasonably possible. Demo requests submitted via the contact form are handled in good faith and do not create a contract to supply software until a plan is agreed.

12. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable law (including POPIA section 99 where it applies).

Subject to that, we are not liable for indirect or consequential loss, loss of profit, goodwill or data, or vendor performance on site. Our total liability arising out of the Service in any twelve-month period is limited to the fees you paid us for the Service in that period, or ZAR 1 000 if no fees were paid.

13. Indemnity

You will indemnify us against claims arising from Customer Content, your misuse of the Service, or your failure to obtain a lawful basis to process personal information through the Service, except to the extent caused by our breach of these Terms.

14. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access for material breach, unpaid fees, or risk to the Service or others. After termination we will delete or return Customer Content in line with the Privacy policy and any written data-processing terms, unless we must retain it by law.

15. Changes

We may update these Terms. The updated version will be posted on this page with a new “Last updated” date. Continued use after the effective date constitutes acceptance. For material changes that affect paying customers we will give reasonable notice by email or in-product message.

16. Governing law

These Terms are governed by the law of the Republic of South Africa. Courts of South Africa have exclusive jurisdiction, except that EU or UK data subjects may also bring data-protection claims in their place of habitual residence as allowed by the GDPR, and nothing limits mandatory consumer protections where they apply.

17. Contact

Questions about these Terms: anton.foster@metamerch.global · Contact