I. OUR INTRODUCTION
www.mercharts.com (“we,” “us,” or “our”) welcomes you.
“Service” or “Services” is a reference to any service defined below, which we may offer and which you may request via our website;
“User,” “You,” and “your” denotes the person who is visiting or accessing for taking any service from us;
“Customer” refers to the user accessing or registering with the website for taking purchasing product or availing services available on the website;
“Advertiser” refers to the user accessing or registering with the website for posting ads for various product and services through the website;
“We,” “us,” “our,” and “Company” are references to MerchArts.
”Website” shall mean and include https://www.mercharts.com and any successor Website of the Company or any of its affiliates;
“User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the website;
All references to the singular include the plural and vice versa, and the word “includes” should be construed as “without limitation.”
Words importing any gender shall include all the other genders.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
All headings, bold typing, and italics (if any) have been inserted for convenience of reference only. They do not define, limit or affect the meaning or interpretation of the terms of this agreement.
IV. COMMITMENT AND SCOPE
Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, governed by their own terms of Service.
Eligibility: Our Service is not available to minors under the age of 13 or any users suspended or removed from the system by us for any reason.
Electronic Communication: When you use this website or send e-mails and other electronic communications from your desktop or mobile device to us, you communicate with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format, and you can keep copies of these communications for your records.
V. OUR SERVICES
At www.mercharts.com, we offer you e-commerce information for sellers.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”) at any time. We may notify you of changes by sending an e-mail to the address identified in your Account or posting a revised version of the Terms incorporating the Changes to our website.
If you access this website to access Resources, you may be required to provide specific information and create a user ID and password to establish an account.
You agree that the information you provide in connection to establishing an account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may, at our discretion, suspend or terminate any of your user names and passwords at any time with or without notice.
VIII. USER SUBMISSION
A. Content Responsibility.
When you use mercharts.com, you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted by you. You represent that you have required permission to use the content.
Please do not use/upload the content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple e-mails or subjects;
Information or data which are unlawfully obtained.
Any submitted content can be refused. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.
MerchArts and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice.
IX. ORDERING AND PAYMENT
Any order for buying our website listing services shall be between Advertiser and MerchArts. Advertisers agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
Once a user clicks “Post an ad” and login thereafter, we will contact the user to help you with the process.
CHARGES: It is agreed by the user that:
– The user shall pay the required fee to us, as shown on the website.
Payment: Payment mode shall be:
– Online: Credit Cards and Debit cards;
The preferred method of payment is PayPal; credit and Debit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
Any order for buying our website listing service that you place with us is subject to our acceptance. When you place your order online, we will send you an e-mail to confirm that we have received it.
We may refuse or be unable to process your order if:
– Your card or PayPal account does not give authorization for the payment of purchase price.
– You do not meet the eligibility to order criteria set out above.
The user can cancel the listing package of any service anytime by contacting us by e-mail at email@example.com.
The refund shall be applicable as per our Refund Policy.
We take customer feedback very seriously and use it to improve our products and quality of service constantly.
X. LIMITED GUARANTEE
By availing of our services:
We provide an opportunity for you to avail of the offered Services from our website;
We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If Services offered by the website are not as described, your sole remedy is to inform us about Services for further action.
XI. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our website is invalid where banned.
XII. USER COMMITMENT AND RESPONSIBILITIES
You shall use the Service for a lawful purpose and comply with all the applicable laws;
You shall not upload any content that:
– Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
You shall not use or access the website for collecting any market research for some competing business;
You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
You will not use any device, scraper, or any automated thing to access our website for any means without taking permission.
You will inform us about anything inappropriate, or you can inform us if you find something illegal;
You will not interfere with or try to interrupt the proper operation of the website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the website through hacking, password or data mining, or any other means;
You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
In our sole and absolute discretion, we reserve the right to deny you access to the website or any service, or any portion of the website or Service, without notice and to remove any content.
XIII. ADVERTISERS OBLIGATIONS
Advertiser takes full responsibility for all information that they provide on the mercharts.com Website and must indemnify mercharts.com about any liability incurred by mercharts.com as a result of such information.
Advertisers shall be required to provide the actual business name for registration on the website.
Advertiser shall indemnify mercharts.com for all claims and liabilities arising out of any use by the Advertiser of the mercharts.com Website, including costs and expenses incurred.
Advertiser is not an employee of mercharts.com and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the mercharts.com Website.
All information provided by an Advertiser on the mercharts.com Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number, and product details. Details entered by the Advertiser on the mercharts.com Website will be publicly visible and may appear in search engine results.
Use of the mercharts.com Website is entirely at a customer/ Advertiser‘s own risk. Therefore, a customer must exercise complete caution when using the mercharts.com Website.
Advertisement of any illegal services or the sale of any vehicle/ goods/ services the sale of which is prohibited or restricted by applicable law, including without limitation such vehicles/ goods/ services, the sale of which is prohibited or regulated by enforceable/local laws;
XIV. EXCLUSION OF LIABILITY
We shall not be liable for the behavior of the users. And we are also not accountable for the quality of the services provided by the Advertiser on the website.
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. Accordingly, you shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect, consequential, or any other form of loss or damage that a user may suffer through the use of the mercharts.com Website, including loss of data or information or any financial or physical loss or damage.
In no event shall MerchArts., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
XIX. NO RESPONSIBILITY
We are not responsible to you for:
any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
any losses you suffer because the information you put into our website is inaccurate or incomplete; or
any losses you suffer because you cannot use our website at any time; or
any errors in or omissions from our website; or
any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or
any unauthorized access or loss of personal information that is beyond our control.
XX. THIRD-PARTY LINKS
We may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites. We do not provide any representations about the content or correctness of the information on such External Sites. It would help if you took safety measures when downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XXII. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on our website is accurate and error-free. We apologize for any errors or omissions that may have occurred. However, we cannot give you any warranty that usage of the website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the website. We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose or accuracy.
XXIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS, OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
XXIV. COPYRIGHT AND TRADEMARK
The website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on our behalf (collectively referred to as the “Content”). Third parties or we may possess the content. Unauthorized use of the content may infringe copyright, trademark, and other laws. You have no rights in or to the content, and you will not take the content except as allowed under this agreement. No other use is allowed without prior written consent from us. It would help if you recollected all copyright and other proprietary notices in the original Content on any copy you make of the content. You may not transfer, provide license or sub-license, sell, or modify the content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the content in any way for any public or commercial purpose. The use or posting of the content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this agreement, your permission to access and/or use the Content and the Website automatically terminates, and you must immediately destroy any copies you have made of the content.
Our trademarks, service marks, and logos displayed on the website are registered and unregistered trademarks or service marks. Other company, product, and service names located on the website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this agreement or your misappropriation of the Content or the Website. We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed by the Law of Ireland without affecting any principles of conflicts of law. The courts of Ireland shall have exclusive jurisdiction over any dispute arising from the use of the website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party, including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the user.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.