Last updated: October 2026
1. Merchant eligibility
To open a merchant account you must be at least the age of majority in your jurisdiction and able to enter into a binding agreement.
2. Store name and slug
You agree that your store name (and the store slug generated from it) must not:
- be profane, offensive, or otherwise judged unacceptable;
- appear to promote or refer to forbidden items, services, or illegal activities;
- impersonate another person or business, or infringe anyone's rights.
Forbidden items, services, and activities include (but are not limited to): illegal drugs, prostitution, solicitation to commit fraud or impersonate others (for example, fraudulently writing exams pretending to be someone else), and solicitation to commit criminal acts (such as murder for hire).
BrainyMart may reject, change, or remove any store name or slug that violates these terms.
3. Storefront and content
You are responsible for all products, images, and content you list. You must have the right to sell what you list and must not list prohibited items.
4. Compliance with law
You agree to comply with all applicable laws, including those governing sales, taxes, consumer protection, and data privacy.
5. No agency; indemnification
Operating a merchant store on the platform does not create an agency, partnership, employment, or joint-venture relationship, and does not bind the BrainyMart platform operator in any way.
You will strive to avoid bringing the platform into disrepute.
You agree to indemnify and hold harmless the platform operator (and its officers, employees, and agents) from any claims, losses, or liabilities arising from your store, products, content, or conduct.
If you are advised of any legal proceeding that may impact the platform operator, you must inform the platform operator promptly.
6. Account conduct
You may not misuse the platform, interfere with other merchants, or attempt to gain unauthorized access to any part of the site.
7. Termination
BrainyMart may suspend or terminate a merchant account that breaches these terms, at its discretion.
8. Contact
Questions about this agreement can be sent via the Contact Us page.
9. Governing law and jurisdiction
Any dispute with the platform operator is to be resolved under the laws of Ontario, Canada, and any litigation is to occur in the jurisdiction of Ottawa, Ontario, Canada.