Here is an agreement between you and/or your business entity that you understand and agree to the terms of service on use of Merrchant, an online business operating solution.
Contents of the Agreement
Collectively “terms” this agreement contains the terms and conditions specific to the use of service. In case of any issue regarding the terms or to clear any doubt, connect with our team of professionals.
It is a binding agreement and you need to be of a legal age to accept the terms and conditions mentioned in the agreement.
In case you disagree with any service specific term, neglect utilizing that particular service. Click on the button indicating acceptance of terms to agree and proceed using the services.
Overall Description of Services
We at Merrchant are dedicated to offering a wide range of services to streamline your business operations. Services we offer included in the software solution all of which are dedicated to help you in various aspects of operating your business. Services we offer can be utilized for your personal use or for the business purpose.
User is responsible to obtain other equipment such as internet connection and more to use the service. You have the freedom to create and edit contents with your user account.
Amendments in the Terms and Conditions
Your primary email address will be used to inform you about the changes made in the terms and conditions of service. We reserve the right to make changes in the terms at any point of time.
Users will be notified about the made changes 30 days in advance for which they will receive an email from our team.
In the event of termination of the service, you are eligible to get the portion of unused yet prepaid service.
In an event you continue using the service after the specified time, it will be considered as your agreement to the made changes in the terms and conditions.
Beta Service and its Subscription
We retain the rights to test and evaluate the beta service or beta services we offer. We may provide you with both open and/or close beta services. We reserve the rights to make any decision regarding the offered beta service and we will judge the success of the service whether we want to make it commercial or not.
To get the subscription to make use of any paid service you are under no obligation with respect to any of your beta service.
In case of beta services, we have all the rights to make any changes, discontinue offering the service, temporarily or permanently for which we are not bound to provide any prior notice.
You agree that Merrchant is not responsible and liable to you or any third party regarding any harm related to changes made or discontinuing of offered beta service.
Obligations related to User Signup
You have the freedom to specify one or more administrators while signing up for the user account. We suggest you to provide us with your corporate email addresses in case you are using the software solution in an organization. Include all the users from your organization and provide us with all the necessary details to provide you with the access and service we have to offer.
As required by the sign up process:
You agree to provide us with current, complete, true and accurate information of yourself and other member administrators.
Maintain the provided information; promptly update the same to keep the information current, true, accurate and complete.
If you provide us with any untrue, incomplete, inaccurate or outdated information, we have the rights to terminate your user account and also restrict the use of service in present and the future.
Administrators and Organization Accounts
Those who are signing up for an account for their organization can specify one of more administrators. Based on your requirements, administrators will retain the rights to manage end users and configure the service to meet business needs.
If you give rights to any third party to manage the administrator account, the third party will be assumed to be on the administrator role for your organization.
It is advisable to make sure that you permit/offer administrator rights to trustworthy third party and ensure your safety by entering into a legal agreement.
- Make sure that the passwords of your user accounts are kept confidential.
- Appoint the right and trustworthy individual to manage your administrator accounts.
- Make sure that the activities taking place directly or indirectly related to the administrator account comply with the rule and regulations mentioned in the agreement.
- You understand the fact that Merrchant is not responsible for any illegal activity or internal issues arising related to use of the software solution.
You are responsible to ensure that your organization does not lose the control of the administrator accounts. To recover from such uncertain events of losing the control of administrator account, make sure you specify a process and send an email to us, given that the process must be accepted by Merrchant.
We can provide the administrator account details to individual having the needed and satisfactory records as proof of owning the account on behalf of the organization.
You understand that Merrchant is not responsible to deal with the circumstances rising due to steps taken in the good faith or betterment.
Privacy and Personal Information
Not Merrchant, but you are responsible to keep your important account details such as user name and password (or any sensitive information) confidential.
You are the solely responsible for the activities taking place from your user account. In case of an unauthorized use of the user account, you hold the responsibility to inform us about the same through email or through the given contact details in the contact page.
Communications form Merrchant
The service can come up with some of the additional communications. In may include but is not limited to administrative messages, newsletters or any kind of service announcement.
You understand the fact that these communications are necessary and are considered as a part of service.
We have mentioned the ways you need to follow in case you want to opt out of receiving newsletters from us. Announcements and administrative messages or transaction related messages are some of them that you cannot opt out from.
Any complaint received regarding activities conducted from your user account, you will be informed about the same through email at your primary account. You are responsible to revert on the compliant within 10 days of receiving the complaint keeping Merrchant in loop.
In case when we will not receive any response from your end within 10 days of notification, we can disclose your name and other required information to proceed to legal action. No response on compliant for 10 days will be considered as your agreement to disclose your name and other information by Merrchant.
Fees and Payments
We provide you with the service under different subscription plans with different durations. Payments can be made through credit card and other payment options we have. By the end of the subscription, your plan will be renewed automatically for which charges will be deducted from the previous credit card used by you.
In case you want to make any changes in your plan or you don’t want to renew your plan, you must inform us 7 days prior the renewal date. We also provide you with the option to change your credit card details for further payments.
If you do not inform us regarding any change 7 days in advance, it will be presumed that you agree to renew your plan and authorize Merrchant to charge you with the fees from the same credit card.
In the event of increase or decrease in the service fees, increased charges will not apply till the completion of your current billing cycle. You will not be charged for making use of any service unless you have chosen a paid subscription plan.
Restriction on Use of Service
Apart from the terms and conditions of the services, there are some restrictions that you must follow.
- You cannot transfer the service and/or make it available to any third party.
- Without prior written permission, you cannot service based on Merrchant services.
- Without agreeing to the terms and conditions of the third party website, you cannot use third partly links to the site.
- Without prior written permission, you cannot post links to third party sites or make use of their company logo, name or any other details.
- You cannot post or publish any confidential information that belongs to any person or business entity without obtaining written permission.
- You are not allowed to make use of service in way that can, in any way, damage, overburden or disable or harm the server, computer systems, network or any resource owned by Merrchant.
- Create a false identity for any purpose.
Illegal Activities or Spamming
Some of the reasons for which you cannot make use of this service include but are not limited to offend religious sentiments, promotes racism, otherwise objectionable, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
Moreover, you cannot make use of the service for abusive, threatening, harmful, unlawful, defamatory, harassing, libelous, and invasive of another's privacy, vulgar, pornographic, obscene kind of purposes.
This service cannot be utilized for chain letters, phishing, junk mail, spam or illegal distribution of emails.
In case you make use of the service for illegal purposes and we have got the reasonable grounds for the same, we reserve the rights to terminate your access to the service.
Policy to Inactive User Account
We have the rights to terminate the unpaid user accounts that are inactive for a period of 120 days or more. Prior terminating the account, we will provide you with prior notice coupled with an option to backup your data.
To calculate the period of inactivity, each service will be considered to be independent and separate. Keeping it simple, if you are active in one of the services, it will not be sufficient to keep you active in other services that you are not utilizing for long.
When you have more than one user and at least one user is active on the given service, it will not be considered to be inactive.
We at Merrchant respect your ownership to the data or content created/stored by you. When you are making use of the service, Merrchant doesn’t have any ownership rights to your data unless it is permitted by you.
Unless you permit, we do not have the rights to use, change, publish, contents that are stored in your user account or the data created by you.
But, we have the permission from your end to access, copy, distribute, store, publicly display and perform contents of your user account only when needed to provide you with the services.
Policy for User generated Contents
You can and you are solely responsible for publishing contents and the consequences taking place due to the same. If you make any content public, it will become publicly accessible and search engines can crawl and index the contents. You need to make sure and you are responsible in case of any confidential details made public.
In case you receive any content from other user of the service, we provide you the same in as is condition for your information. You agree not to make use of the provided information for any illegal purpose including selling, distributing, copying or reproducing the provided content.
While making use of the services, you may come across some contents with copyrights notice or protection feature and you agree not to remove the data and rights protection. Make sure you have the rights to make any changes in copyrighted contents and sufficient proofs in case someone claims the data ownership or copyrights.
If we receive any complaints regarding illegal publication of data from your end and someone who will have the sufficient proofs of owning and copyrighting the data, Merrchant has the rights to remove and block access to the content made available by you.
In event when third party rights are found breaching, you are answerable and will deal with the legal actions taken by the actual owner of the content.
Applications and other Sample Files
For the purpose of demonstration, we at Merrchant can provide you with the sample files and applications to make services better.
Applications and sample files can contain random data.
Merrchant doesn’t make an express or implied warranty towards the accuracy, reliability, completeness, usefulness of information shared through sample files and applications.
You agree not to use, display, in any manner, the Merrchant Trademarks.
Merrchant, the Merrchant logo and its name and individual service names are the trademark of Merrchant.
Disclaimer of Warranties
You understand and agree to the fact that-
You are making use of this service at your own risk, the service is provided the way it is available.
Merrchant disclaims all the warranties, regardless of its type, be it express or implied, including but not limited to the usefulness of the service for a particular purpose.
We don’t provide any warranty that service will remain uninterrupted, secure, error-free and timely.
In case you obtain any content or material through the service, you are solely responsible to the adverse effects of the downloaded material, be it to your computer system, mobile phone, network, wireless device or others.
Be it written or oral, any advice or information, obtained by you from Merrchant or its employees, creates no warranty.
You understand and agree to the fact that Merrchant is not liable for any circumstance or event, incidental, punitive, indirect or other loss or damage causing the loss of business profit, loss of information, system damage caused due to inability to make use of the service.
Even in the event where Merrchant is advised about the possibility of the damage, IN NO EVENT, Merrchant is responsible for the damage.
Any claim that is arising out of terms and conditions shall be settled by binding arbitration. Such events must be arbitrated as individual basis, not to be consolidated in any arbitration with any claim from the third party.
The decision of the arbitrator shall remain final and un-appealable.
Suspension and Termination of the Service
In case of suspected any illegal activity, we have got the rights to temporarily or permanently disable service or the part of a service, period of inactivity can be increased as per guided by the applicable law or authorized body.
Within 30 days of being notified about the suspension or termination of the service, you are responsible to make any objection. We reserve the rights to suspend, terminate or disable your account after the period of 30 days.
We can terminate your user account upon request.
You have the rights to terminate your Merrchant account in event where we are found breaching the obligations mentioned under terms and conditions. Termination of user account will include denial of access, deletion of information and all the data in your user account.
End of Terms and Conditions
If you have any question, query or doubt regarding the agreement or conditions mentioned, feel free to connect with our professionals.