Meet The Buyer (MTB) is a wholesale meeting marketplace. We introduce brands to wholesale buyers and influencers via a one-way connection – with buyers choosing the brands they want to connect with online via meetthebuyer.com (“Services”).
Before you may become a member of MTB, you must read and accept all the terms and conditions in, and linked to, this Agreement. The Agreement is effective on August 1st, 2017 for current users, and upon acceptance for new users.
Subscriber and User Definition
- In these Terms & Conditions, the term “Subscriber” refers to the institution, organization, firm, company or individual who (1) registers as a wholesale ‘buyer’ to search and connect with wholesale ‘sellers’; or (2) registers as a wholesale ‘seller’ to advertise their products and availability to connect with wholesale ‘buyers’.
MTB is a Venue
MTB acts as a venue to allow wholesale buyers who comply with MTB’s policies to source and request face-to-face (and virtual) meetings, make product enquiries and chat with Users . MTB is not the purveyor or vendor of these offers. MTB, as an accommodation to the users of the site, and to facilitate the dealings between the subscribers of the site, does facilitate the scheduling of face to face meetings and linesheet enquiries. MTB is not directly involved in the interaction and transaction between buyers and sellers. MTB has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the Ads, or the ability of sellers to sell items. MTB pre-screens users, the content, and information provided by sellers for the sole purpose of curation. MTB cannot ensure, nor does it guarantee that a buyer or seller will actually respond to Subscriber or attend a scheduled meeting etc.
MTB cannot guarantee the true identity, age, and nationality of a user. MTB encourages you to communicate directly with Users through the tools available on the Site.
You agree that MTB is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on MTB. You use the MTB service at your own risk.
Meet The Buyer and the Services are reserved exclusively for professional purchasers, sellers, and resellers of items related to fashion and apparel – that are acceptable to MTB in its sole discretion. Although MTB attempts to limit the use of meetthebuyer.com and the Service to such purchasers, sellers, and resellers of fashion and apparel, nothing herein shall create any right of action against MTB for failing to adequately screen potential users to prevent the use of meetthebuyer.com by users who are not both considered professional purchasers, sellers, and resellers of fashion and apparel.
Other eligibility for membership is as follows:
Age: MTB’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MTB of any unauthorized use of your password or any breach of security. You also agree that MTB cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid job title, email address and mobile number.
Account Transfer: You may not transfer or sell your MTB account and User ID to another party. As you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: MTB’s Services are not available to temporarily or indefinitely suspended MTB members. MTB reserves the right, in MTB’s sole discretion, to cancel unconfirmed or inactive accounts. MTB reserves the right to refuse service to anyone, for any reason, at any time.
Subscriber Obligations and Liability
- User Compliance with these Terms & Conditions
The Subscriber hereby undertakes to procure that all use of the Site by its designated users will be in accordance with this Agreement.
- there is no charge for sourcing, scheduling face to face appointments or placing linesheet enquiries. The service is free to buyers.
- there is no charge for to receive face to face appointments, linesheet enquiries or chat requests
- sellers can however subscribe to increase the limit on the number of products showcased, and therefore a brands visibility in our meeting marketplace (search results) whereby buyers can find them and therefore schedule appointments and place linesheet enquiries online.
- linesheet limits are increased by subscribing to a monthly plan.
- subscriptions payments are non-refundable and charges payable under these Terms & Conditions are exclusive of VAT (and any other applicable taxes), which shall be payable in addition by the Subscriber and that the Subscriber/User(s) are solely responsible for all internet and telecommunications service charges etc. incurred in use of the Site.
Listing and Ads
Ad Description: By creating Ads on the Site you warrant that you and all aspects of the item and information attributed to that item comply with MTB’s policies. You also warrant that you may legally sell the item. You must accurately describe your item on meetthebuyer.com. Your Ads may include a picture, product title, tags, SKU, materials, colours, sizes available, minimum order value and and other content relevant to the sale of that item. All items must be listed in an appropriate sizing category. Each Ad must accurately and completely describe the item for sale in that Ad.
Non-Binding Request: All requests are strictly non-binding. The buyer scheduling an appointment or sending a linesheet enquiry is not obligated to attend the meeting or following up on any of the linesheet enquiries they make. There are not entering into any form of contract with the seller. Equally sellers can cancel, reject or ignore appointments and enquiries that don’t meet their requirements.
Pricing: The wholesale unit price stated in each Ad may be an estimation of price. Unit prices on MTB do not include customs, duties or other import taxes.
You are solely responsible for your conduct and activities on and relating to MTB and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on MTB.
Restricted Activities: Your Content and your use of MTB shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MTB staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not belonging to an Ad
- Link directly or indirectly, reference or contain information about goods or services offered external to MTB.
- Modify, adapt or hack MTB or modify another website so as to falsely imply that it is associated with MTB
- Appear to create liability for MTB or cause MTB to lose (in whole or in part) the services of MTB’s ISPs or other suppliers
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted
- “Stalk” or otherwise harass anyone
- Collect personal data about other users for commercial or unlawful purposes
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by MTB
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
- Post the same item or service in more than one classified sizing category, office or trip
- Attempt to gain unauthorized access to MTB’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or meetthebuyer.com
- Or use any form of automated device or computer program that enables the submission of Content on MTB without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
- Not access the Services if you are a direct competitor of MTB’s (Joor, Le New Black, NuOrder etc), except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
If you request the assistance of MTB to post content, or if you imply consent that MTB may post content on your behalf, either by written or oral means, or you fail to inform MTB that content should be removed, you are equally responsible for the content.
Sourcing on Site: The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered may vary in quality and color and that the available information about the items may be limited. It is not possible for MTB to verify exact information provided by the seller of any item.
You agree that MTB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and third party, you understand and agree that MTB is under no obligation to become involved and agree that MTB will not be made party to any such dispute. In the event that you have a dispute with one or more other users, you hereby release MTB, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Marketing: You hereby agree that MTB, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your Company Profile, Claimed Site and web site) for the purpose of advertising, promoting or publicizing the Site, App or Services.
Statistic: MTB may use usage patterns, trends and other statistical data derived from your Content and use of the Site, App or Services for purposes of providing, operating, maintaining, or improving the Site, App or Services.
MTB does not control the Content provided by users that is made available on MTB. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using MTB, you agree to accept such risks and agree that MTB (and MTB’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on MTB. Please use caution, common sense, and practice safe buying and selling when using MTB.
Endorsements to other sites: Links to other sites, including those of our sponsors,partners, and others are provided for informational purposes only and do not constitute endorsements or recommendations by MTB of those sites, or the information, materials, products or services contained on or accessible through the sites. Accessing such sites is solely at your own risk. MTB is not responsible for information provided on any site to which it is linked. MTB does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement, or other information displayed or distributed through the web site. You are advised to verify the accuracy of any such information and you acknowledge that any reliance upon any such information shall be at your sole risk.
Other Resources: meetthebuyer.com and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MTB, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. MTB is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MTB does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your interactions with companies, organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We guarantee that we have reported information fully on the site to the best of our ability with the knowledge and information that has been provided to us through our buyers and suppliers and our experience but do not guarantee the truth and accuracy of the Content and descriptions beyond that. We do not guarantee the ultimate quality, safety or legality of, any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. You agree that MTB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Use of Content
- All intellectual property rights in the Site and in all material published on it are reserved by MTB and no such rights whatsoever are assigned to you under these Terms & Conditions.
- As a User you may in good faith and to the extent that the use of the Content is reasonable and the Content is owned by MTB:
- download and display any page(s) from the Site on a computer screen;
- where a page of the Site specifically states that specific Content may be downloaded, download and store it on the hard disk of your computer (but only use it to the extent so specified and not transfer or further copy it);
- print one copy of any page(s) from the Site and use it for private archival purposes only (but not further copy it); and
- use extracts from the Site to form a collage of ideas (in either electronic or hard copy form) PROVIDED THAT:
- the Content (but no material not taken from the Site or otherwise owned/licensed by MTB) is attributed to MTB by showing the ©Meet The Buyer YYYY copyright sign;
- the collage is used strictly and only for internal purposes within the Subscriber organization; and
- no further copies of the collage are made.
- For the avoidance of doubt, you shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (including by using it as part of any library, news, information, archive or similar service) other than as set out in Clause 10.2, and in particular you shall not:
- upload Content into any shared system;
- create a database of any of the Content
- effect or permit “spidering” of the Site, i.e. collation of an automated stream of Content;
- include any Content in a website;
- make any commercial use of the Content whatsoever;
- make any use whatsoever of any of the MTB trade marks other than to the extent required to comply with Clause 10.2(d)(i); or
- remove the copyright or trademark notice from any copies of the Content.
- The Subscriber shall notify MTB immediately in writing of any misuse of the Content and/or the Site including any infringement of copyright or other intellectual property rights arising in the Content and/or the Site.
- Where any unauthorized use of Content by you is discovered, MTB shall be entitled to suspend your use of the Site immediately without any refund of the Charge or any Credits paid and require you to return or destroy any copies of the Content you have made.
- Any consent given by MTB does not constitute either a general consent to use the Content or a waiver of any of the obligations and/or restrictions set out in these Terms & Conditions.
- The Subscriber and its User(s) shall permit MTB to take such steps as MTB reasonably considers appropriate to monitor compliance by the Subscriber and its User(s) with the provisions of these Terms & Conditions and shall co-operate fully with MTB in relation to such monitoring.
Resolution of Disputes and Release
In the event a dispute arises between you and MTB, please contact MTB.
Should you have a dispute with one or more users, or an outside party, you release MTB (and MTB’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MTB, for the benefit of users, may try to help users resolve disputes. MTB does so in MTB’s sole discretion, and MTB has no obligation to resolve disputes between users or between users and outside parties. To the extent that MTB attempts to resolve a dispute, MTB will do so in good faith based solely on MTB’s policies. MTB will not make judgments regarding legal issues or claims.
MTB’s Intellectual Property
MTB, and other MTB graphics, logos, designs, page headers, button icons, scripts, and service names are registered or trade dress of Meet The Buyer Limited. MTB’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Much of the information on MTB is updated on a real-time basis and is proprietary or is licensed to MTB by MTB’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access MTB for any purpose without MTB’s prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in MTB’s sole discretion, an unreasonable or disproportionately large load on MTB’s infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of MTB and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
No Spam Policy
You understand and agree that sending unsolicited email advertisements to MTB email addresses or through meetthebuyer.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers hosted on Google’s Cloud Platform. Any unauthorized use of MTB computer systems is a violation of the Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Without limiting any other remedies, MTB may, without notice, and without refunding any fees, delay or immediately remove Content, warn MTB’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
MTB is unable to verify or authenticate any of your personal information or Content; Or MTB believes that a user is acting inconsistently with the letter or spirit of MTB’s policies, has engaged in improper or fraudulent activity in connection with MTB or the actions may cause legal liability or financial loss to MTB’s users or to MTB.
MTB, MTB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MTB’S SUPPLIERS PROVIDE MTB’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MTB, MTB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MTB’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MTB SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL MTB, AND (AS APPLICABLE) MTB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MTB’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MTB’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MTB’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MTB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MTB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MTB AND (AS APPLICABLE) MTB’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
MTB does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MTB’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of MTB’s service and your Ads, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and MTB are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of England and Wales and disputes arising under this Agreement will be adjudicated.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (MTB’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
All fees are non-refundable.p