Terms Of Service

Acceptance of Contractual Agreement:

 

Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Merch India, that you are agreeing to our TOS, AUP, SLA and PP. No Modifications of said contract by customer is allowed.

Merch India will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, TOS, AUP, SLA and PP. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware due to using our services or incorrect/misinformed advice given by staff.

 

 

Denial of Service

We reserve the right to refuse service to anyone at any time for any reason.

 

Jurisdiction

The laws of the Republic of India shall govern this agreement In any event of dispute the area of Jurisdiction would be Jodhpur only.

 

Changes to the TOS

Merch India reserves the right to revise its policies at any time without notice.

 

 

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Welcome to Merchindia.com (Merch India Business Services – Merch India)

By using Merch India and signing up as a Client, client agree to be legally bound by these Terms and Conditions of Use (the “Terms and Conditions”), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If client do not accept these Terms and Conditions, client may not use the Merch India service. By placing any order with Merch India client agree to all our terms and it is client’s responsibility to read our terms. Merch India may revise these Terms and Conditions at any time by updating this posting. Client should visit this web page periodically to review the Terms and Conditions, because they are binding on client.

 

In these Terms and Conditions, all services provided by and related to Merch India and all text, images, photographs, user interface, “look” and “feel”, data and other content included at www.Merchindia.com (Merch India) from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the “Web Site” and/or “Service”. Merchindia.com is owned and operated by Merch India, The India based company.

 

‘Merch India’ and the Customer hereby agree to the following terms and conditions with respect to the provisions by Merchindia.com(Merch India) to the Customer of services which are identified and/or described in the service agreement attached to these terms and conditions.

 

  1. Web Site Generally.

(a) Description.

The Merchindia.com (Merch India) Service is an online offering where individuals or entities that have signed up with Merchindia.com (Merch India) as clients (each, a “Client”) can purchase specific assignments and project descriptions, including illustrative samples or other media (each, a “Project Brief”), revise those Project Briefs (each, a “Revision Brief”) and obtain responses (each, a “Response”) to those Creative or Revision Briefs from professionals retained by Merchindia.com (Merch India) (“Members”).

 

Merchindia.com (Merch India) will provide client, as the Client, the Service according to the Package client have chosen as detailed in section 1(e) below. Client’s Responses will be created iteratively through a drafting cycle of Project Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to client’s various Project and Revision Briefs.

 

(b) First Brief and Responses.

Client are solely responsible for preparing and posting detailed descriptions of each of client’s Project Briefs to the Web Site, including providing samples illustrating client’s Project Brief and any relevant deadlines. For each Response to a ProjectBrief that client want to receive, a term sheet (a “Term Sheet”) will be generated that will contain, and be subject to, the terms and conditions client have established for the Project or Revision Brief. Merchindia.com (Merch India) is under no obligation to review a Project or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Merchindia.com (Merch India) may decide, in its sole discretion, to deny a Project or Revision Brief or a Term Sheet.

 

 

(c) Reviewing Responses.

When Merchindia.com (Merch India) provides client with a response, client are responsible for reviewing the response.

If client fail to promptly inform Merchindia.com (Merch India) that the response is not reasonably responsive to the related Term Sheet or Project Brief, client will be deemed to have accepted the Response. If client notify Merchindia.com (Merch India) that client think a response is not reasonably responsive to the related Project Brief, client shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After client provide Merchindia.com (Merch India) with a Revision Brief, Merchindia.com (Merch India) will provide client with a subsequent Response that conforms to the additional criteria client requested. Merchindia.com (Merch India) is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to client’s Creative or Revision Briefs.

 

(d) Revision Cycles.

Revision cycles consist of fixed no of revisions, generally 2-6 (the exact number depends upon logo package selected) that incorporate changes client request in a Revision Brief. The purpose of the revision process is to create Responses that move client’s project forward in the specific direction client have determined. Client may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition client selected. By the third revision request, client’s requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; Merchindia.com (Merch India) reserves the right to charge Rs. 1000 for each such Revision. No revision work, which requires payment, will be started without client’s authorization.

Should Client require additional artwork beyond the scope of the standard logo package (either concurrently with the logo project or at a later date), the Client will be offered a price list for other corporate identity or graphic items. Additional work will be done after paying additional charges for add-on services in full.

 

Please note that Cartoon Logo / Character Design / Mascot Design and Detailed Illustrations are beyond the scope of logo design and are not included in the pre-made logo package price.

Client may choose to include a detailed illustration in client’s design, which we will be happy to provide for an additional fee / or through Exclusive Logo Package / or through a custom quote.

 

(e) Packages.

Client may select from the Packages available at www.Merchindia.com/pricing.htm

 

(f) Client Accounts.

(f-a) Payment.

Clients registering for the Service must pay for the Service via credit card, or other payment method expressly authorized by Merch India, at the time of registration for the Service. Client will be charged for the Package(s) selected. If client pay client’s account by credit card, client will be required to provide a valid credit card number and client’s credit card billing address when client register as a Client. Merch India will email client a receipt for the transactions in which Client is involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time. Such fees will not, however, apply to Projects submitted before such change in fees by Merch India.

 

For International payments done via PAYPAL, a 5% handling charges extra of the total amount of package fees is to be charged.

The Package fees mentioned in our website / invoices are excluding taxes, courier, and shipping.

(f-b) Project duration.

 

Client agrees to provide timely responses to Merch India after receiving status notifications from Merch India. Client shall have 10 days to respond to each set of Responses submitted to Client for review. If after 10 days the Client has failed to so respond, Merch India will assume the Project complete and the Project shall be deemed to be complete. At such time, Merch India shall will have no further obligation to Client, and Client shall pay Merch India all fees and expenses associated with work performed by Merch India.

 

(i) Refund Policy.

Merchindia.com is(Merch India) committed to design a new logo that will satisfy client. Refunds are not available once the initial designs (3 or more logos) have been created and supplied to the client, as logo design, brainstorming takes precious man hours of Merch India team.

 

Due to extensive complex and time consuming project, the Refund is not available for following projects – Brand Name Suggestion, Brand Style Guide, Mascot Design, Corporate Symbol, Website Design, Corporate Film, any type of Packaging, Character Design, 3D artwork of any type.

Refund is only available for Logo, if Merch India has not given any logo options to the client due to some reasons. The full amount will be refunded by Merch India to client.

This refund policy will not take effect under any of the following circumstances:

  1. If we do not hear back from client for more than 15 days
  2. If the project is closed for reasons not related to our design.
  3. If work was commenced on client’s samples and 3 logos were designed for client.
  4. If the company we are making the logo for discontinues its operations, changes its name or its activity.
  5. Once client have requested revisions, client will no longer be eligible for a refund.
  6. Refunds are not possible, if client don’t like any idea / logo design from the logo samples we design for client; as a client have plenty of time and choice to browse our portfolio, past projects before deciding and awarding the project to Merch India.

 

  1. Client may request a refund by completing the Refund Request email, which will be provided to client upon request. Upon timely receipt of the Request email, Merchindia.com (Merch India). will refund the total payment made by client, less a service and processing fee of Rs. 2500 on packages. However, refunds are only available to the actual Client for whom the logo was created. No refund is available for design firms or for those who order our design services on behalf of another entity. Furthermore, client shall forfeit the right to the refund outlined above if client request additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. Client shall also forfeit the right to a refund if client do not respond in a timely manner to a status notification from Merchindia.com (Merch India), as described in section 1. All refunds are issued within thirty business days from the day that the refund was requested via our refund request email. Refunds are not issued until the refund request email has been sent by the person that placed the order and send to our accounts department.

 

(8). Should client receive a refund, client agree that client’s acceptance of the refund shall constitute client’s sole and exclusive remedy with respect to related Responses. Additionally, client acknowledge that client will have no right (express or implied) to use any Response or other work product, content, or media, nor will client have any ownership interest in or to the same. Should Client receive such refund, they acknowledge that they will have no right (express or implied) to use any response/samples or other work product, content, or media, nor any ownership interest in or to the same.

(9) In the event of termination from client side, a cancellation fee of 50% of the project shall be paid to Merch India. In addition, all accrued project hours will be billed at the hourly rate of Rs. 1000/hour.

 

  1. Eligibility, Access, Use and Service.

(a) Eligibility Requirements.

To register as a Client, client must be at least 18 years of age, agree to these Terms and Conditions and Merchindia.com (Merch India) privacy policy, complete registration. By registration(filling enquiry form) as a Client, client represent and warrant that client meet these eligibility requirements, that the information client include as part of the registration process is complete and accurate and, if client are registering on behalf of an entity, that client are authorized to bind that entity to these Terms and Conditions. Merchindia.com (Merch India) may accept or reject client’s registration in its sole discretion. The Service is not directed to children.

 

(b) Authorization to Use; Permitted Uses.

Client may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. Client may provide Project Briefs and obtain Responses only if client register as a Client. Any use of the Web Site is at client’s sole risk and responsibility. Subject to these Terms and Conditions, client may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under India and International copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, client may not display or print the Web Site and in no event may client broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.

 

(c) Prohibited Uses.

Except as expressly permitted in these Terms and Conditions, client may not display or print the Web Site and in no event may client broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, client agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with client’s use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, client agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless client are the copyright owner; (ii) reveals trade secrets, unless client own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Client further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of Merchindia.com (Merch India); (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from Merchindia.com (Merch India) on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.

 

(d) Web Site Security.

Client are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for client or logging into a server or account that client are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. Merchindia.com (Merch India) will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Merchindia.com (Merch India) reserves the right to review postings on the Web Site, to remove any postings, and to terminate client’s ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. Merchindia.com (Merch India) will use commercially reasonable efforts not to disclose any information client communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.

(e) Operation of Web Site.

Merchindia.com (Merch India) shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Merchindia.com (Merch India) reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Merchindia.com (Merch India) intends to use commercially reasonable efforts to make the Web Site and Service accessible, Merchindia.com (Merch India) makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Merchindia.com (Merch India) may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Merchindia.com (Merch India) shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

 

  1. Responsibility for Content; Other Representations, Warranties and Covenants.

(a) Company.

Merch India shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Merch India makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Project Brief, Term Sheets, Responses or User Identity (as defined below)) that are communicated through, or posted to, the Service, whether by Members, Clients, Merch India or otherwise, nor does Merch India endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Merch India makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Client acknowledge that any reliance on information or other material, including, without limitation, any Job, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site will be at client’s own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

 

  1. Ownership; Rights to Use

(a) Web Site and Service Generally.

Except as expressly contemplated under these Terms and Conditions, as between Merchindia.com (Merch India) and client, Merchindia.com (Merch India) will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all Merch India now known or later devised, to the fullest extent provided under Indian and international law. Client shall not remove, conceal or alter any copyright notice, by line information, disclaimer, restriction or other notice on the Web Site or any portion thereof. Client shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Merchindia.com (Merch India)., including “Merchindia.com (Merch India).”, without the prior written consent of Merchindia.com (Merch India), as determined in its sole discretion, for each such use.

Ownership (copyright and title) of the final artwork becomes the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon project completion and receipt of full payment. Merch India retains rights to display the artwork in portfolio and advertising materials. All concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of Merch India. Clients can purchase additional logo designs provided within the samples created to fulfill the Client’s order for a fees mutually decided.

In the event that payment for any logo design is not made in accordance with the payment policies of Merch India, then all of Client’s rights in and to the logo design created for it, including any trademark property, will immediately revert back to Merch India.

 

(b) Creative and Response Briefs.

Upon submission of a Creative or Response Brief or any other information or media provided by client in connection with client’s use of the Service (collectively, the “Client Information”), Merchindia.com (Merch India) and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom client’s project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

 

(c) Rights of Merchindia.com (Merch India)

Upon client’s submission of Client Information to the Service, client grant Merchindia.com (Merch India) a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide client with the Service and Responses.

 

(d) Rights of Clients.

Subject to client’s compliance with these Terms and Conditions, client shall own the final the Response composition provided to client by Merchindia.com (Merch India). (the “Final Product”). Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Merchindia.com (Merch India) expressly reserves all right, title and interest in and to the same. Client acknowledge and hereby grant to Merchindia.com (Merch India) a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to client, and Final Product for internal and archival purposes, and in order to display and promote the Merchindia.com (Merch India) Service. Merchindia.com (Merch India) retains the rights to all artwork concepts and other content not selected by client. Client acknowledge that client’s ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. Client hereby acknowledge that Merchindia.com (Merch India) shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, client are encouraged to perform client’s own independent searches with regard to the Final Product. Furthermore, client acknowledge that Merchindia.com (Merch India) shall have no responsibility or obligation of any kind to assist client in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Merchindia.com (Merch India) be responsible for otherwise assisting client in any way in client’s attempt to perfect client’s rights in or to the Final Product.

 

  1. Non disclosure and Privacy.

Merchindia.com (Merch India). intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at Merchindia.com (Merch India)’ sole discretion. Notwithstanding the foregoing, Merchindia.com (Merch India) cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by client or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

 

  1. Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content.

Merchindia.com (Merch India) shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Merchindia.com (Merch India) makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Project Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Merchindia.com (Merch India) or otherwise, nor does Logo Merchindia.com (Merch India) endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Logo Merchindia.com (Merch India) makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. Client acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or client’s project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at client’s own risk. Without limiting the foregoing, client agree and acknowledge that client use each Response at client’s own risk and that client are responsible for taking any actions client deem reasonable to determine whether client’s use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Photos / Images: Logo Merchindia.com (Merch India) shall not be responsible for any use of photos that are not royalty free. It is the clients responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Logo Merchindia.com (Merch India) for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.

 

(b) Links to Third-Party Services.

The Web Site may contain links to third-party web sites or other services (the “Linked Content”). The Linked Content is not under the control of Logo Merchindia.com (Merch India) and Logo Merchindia.com (Merch India) is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Logo Merchindia.com (Merch India) is providing Linked Content to client only as a convenience, and the inclusion of such Linked Content is not an endorsement by Logo Merchindia.com (Merch India) of such Linked Content. If client decide to access any Linked Content, client do so at client’s own risk.

 

(c) Disclaimer of Warranties.

THE SERVICE AND THE RESPONSES ARE PROVIDED “AS IS.” Logo Merchindia.com (Merch India) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO CLIENT OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. Merchindia.com (Merch India) DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Merchindia.com (Merch India) DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Logo Merchindia.com (Merch India) OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET CLIENT’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

 

(d) Release from Claims.

The Service serves solely as a venue for the creation of work and Merchindia.com (Merch India) does not regularly screen or censor any information or material posted to the Web Site. Although Merchindia.com (Merch India) makes commercially reasonable efforts to determine the identity of Clients, Merchindia.com (Merch India) cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Merchindia.com (Merch India) does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if client have a dispute with one or more users, client hereby release Merchindia.com (Merch India) (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.

 

(e) Indemnification.

Client hereby agree to defend, indemnify and hold harmless Merchindia.com (Merch India) and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to client’s violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.

 

(f) Limitation of Damages.

IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Logo Merchindia.com (Merch India) OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Merchindia.com (Merch India)’ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT CLIENT PAID TO Merchindia.com (Merch India) FOR CLIENT’S PACKAGE UNDER THESE TERMS AND CONDITIONS.

 

(g) Trademarks and Service marks.

Merch India expects the Client to perform researching on their company name to be sure the name is not already in use and securing a trademark or service mark to protect the Client’s legal rights to any name or image. Merch India is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

 

  1. Communications.

By using the Merchindia.com (Merch India) Service, client agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Clients. This is essential to maintaining the low-cost of our services. Client are free to unsubscribe from any newsletters we send to client at any time. Merchindia.com (Merch India) may or may not use a third party to send email or otherwise contact client, however, client’s personal identifying information will never be disclosed or shared with another party in a manner inconsistent with Merchindia.com (Merch India)’ privacy policy.

 

Merchindia.com (Merch India) will generally use email to communicate with Client. By using the Merchindia.com (Merch India) service client agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions for our services, or for third-party services Merchindia.com (Merch India) believes could be of value to Client. This is essential to maintaining the low-cost of our services. At no time will client receive more than two special offers a month and client are free to unsubscribe at anytime. Merchindia.com (Merch India) may or may not use a third party to send email, however, client’s personal identifying information will never be disclosed or shared with another party without client’s explicit permission as outlined in our privacy statement and as required by law.

 

  1. Miscellaneous Provisions

(a) Entire Agreement.

These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Merchindia.com (Merch India) (e.g., privacy policy) as a condition precedent to Clients’ use of the Service), between client and Merchindia.com (Merch India) regarding the subject matter of these Terms and Conditions.

 

(b) Amendment.

No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by Logo Merchindia.com (Merch India).

 

(c) Severability.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

 

(d) Mutual Participation.

The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.

 

(e) Headings.

The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.

 

(f) Choice of Law Forum.

These Terms and Conditions shall be governed by the law of India, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the courts having jurisdiction in Haldwani (Distt Nainital) Uttarakhand, INDIA.

 

(g) Assignment.

Client may not assign or otherwise transfer (by operation of law or otherwise) any of client’s rights or duties hereunder unless Merchindia.com (Merch India) agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. Merchindia.com (Merch India) may assign or otherwise transfer any of its rights or the performance of any of its duties without client’s consent.

 

(h) Waiver.

The waiver by Merchindia.com (Merch India) of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

 

(i) Independent Contractors.

The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

 

(j) Force Majeure.

If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

 

(k) Capacity.

The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfil their obligations hereunder.

 

(l) Further Assurances.

The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions. Please Note: By placing an order with Merchindia.com (Merch India), client are accepting all the above terms. It is client’s responsibility to read and understand our terms and conditions.

 

(j) Termination.

Merchindia.com (Merch India) reserves the right, in its sole discretion, to terminate Client’s access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, Merchindia.com (Merch India) will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should Client’s use of the Service result from Client’s material breach of the terms and conditions of this Agreement, or any other agreement to which Merchindia.com (Merch India) and Client are a party, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

 

  1. General.

These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Merchindia.com (Merch India) (e.g., privacy policy) as a condition precedent to Client’s use of the Service), between client and Merchindia.com (Merch India) regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by Merchindia.com (Merch India). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto.

The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of Uttarakhand, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the courts having jurisdiction in Haldwani, Distt Nainital, State of Uttarakhand, India, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. Client may not assign or otherwise transfer (by operation of law or otherwise) any of client’s rights or duties hereunder unless Merchindia.com (Merch India) agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio.

 

Merchindia.com (Merch India) may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Merchindia.com (Merch India) of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.