These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Crescere Technologies Private Limited (hereinafter referred to as "Merriment"). Terms and Conditions state the grounds on which the User can use and/ or register with this merriment.net (“Site”/ “Website”/ “Us”/ “We”/ “Our”/ “Merriment”). Terms and Conditions are updated from time to time at Our sole discretion and the most updated version is available on the Site at all times along with the date of last revision. Continued use by the User of the Site after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions. By accessing the Site, and using the Services (as defined below) as offered in this Site, You become the User and become bound by, the terms and conditions of this Agreement and other Policies of Merriment for as long as You continue to use/ visit the Site or Services.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH THE SITE OR FOR THE SERVICES.Your use, registration or participation in any manner with the Site or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.
In either case, the User will be appropriately notified and requested to provide the required documents and fill up the necessary Consent Forms for initiating and completing the Verification process.
User agrees and confirms that non-abidance of Verification requests made by Merriment will render the Registered Account at the Site terminable at the instance of Merriment without any recourse, whatsoever. Merriment is authorised and justified in taking any action necessary on such refusal by the User.
User agrees and understands that Merriment or its third party expert service provider and their associates are not the author or creator of the information coming forth in the Verification Checks. Under this premise and limitations, Merriment or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. Merriment, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
2.Use of Site and Service.
As a User of the Site or a User registered to use any of the Services (a "Registered User"), the User agrees to the following:
Merriment does not guarantee or warrant the accuracy, validity or completeness of the Verification check done by the third party expert service provider and disclaims that the outcome of the Verification Check will meet the User’s aspirations or expectations. It is clarified that the Verification Check is verifying the existence of facts and information provided by the User voluntarily for verification it is not for verifying authenticity of the facts. If any of the state, municipal of other government records indicate a conflict in facts vis-à-vis the information provided by the User, then Merriment is likely to rely on the professional judgement of the third party expert service provider in determining the outcome of the Verification Check. If Merriment, in its sole and fair judgement believes that false information provided by the User is with an intention to mislead the Verification Process or alter the outcome of such verification check, or defame Merriment, or in any manner negatively impact the Services or Merriment’s ability to deliver the Services to other Users, then defaulting User accepts that Merriment will have complete rights in law and tort against the User in question. Merriment at its sole discretion may choose to take any action it deems fit.
5.Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors/ Third Party recommendations.
6.Disclaimer of Warranty.
7.Limitation of Liability.
The User agrees to indemnify, defend and hold harmless Merriment, its affiliates, subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) the User’s use of or inability to use the Site or Services, (b) any user postings made by the User , (c) the User’s violation of any terms of this Terms and Conditions or the User’s violation of any rights of a third party, or (d) the User’s violation of any applicable laws, rules or regulations, or (e) the User’s providing any false information to Merriment or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. Merriment reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, the User will co-operate fully in asserting any available defences in such case.
9.Communication and Privacy.
10.Term and Termination.
10.1 These Terms and Conditions become effective upon the User clicking on “I Accept” on the Site and will remain in effect in perpetuity unless terminated hereunder. Either the User or Merriment may terminate the User account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Merriment reserves the right to immediately suspend or terminate the User’s access to any of the Services, without notice, for any reason or no reason. Merriment also reserve the right to remove the User’s account information or data from Services and any other records at any time at Merriment’s sole discretion. Merriment does not use the User’s information once this Terms and Conditions are terminated or the Services are not being used, however, some information/ data about the User may remain archived with Merriment. In the event the account is terminated or access denied or suspended due to the breach of these Terms and Conditions or any other reason, then the User agrees that fees paid to Merriment will be nonrefundable and all outstanding or pending payments will immediately become due and accelerated payment. The User may terminate the account by accessing the Account Settings or the User can stop accessing the Site and using and receiving the Services. Non payment of renewal fees on time will also be an indication of the User’s desire to terminate his/ her account and discontinue receiving the Services. Following any termination of any Registered User's use of the Service, Merriment reserves the right to send a notice thereof to other Registered Users with whom the User has corresponded. If the User wishes to continue exchange with any of the other users after terminating this Terms and Conditions, then that will be at the sole discretion, responsibility and liability of such Users and Merriment will not be responsible for any outcome/ impact or result of such interactions.
10.2 Termination shall not affect any liabilities incurred by the User prior to the termination or for acts performed while registered with the Site which may result in a dispute post termination nor any provision expressed to survive or to be effective on termination shall expire. The obligations set out in this Section shall remain in full force and effect notwithstanding termination.
13. GENERAL PROVISIONS.
13.1 Agency. This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Merriment.
13.2 Assignments. Merriment may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Merriment shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User.
13.3 Force Majeure. Merriment shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Merriment, Payment Gateways or any other channel partners.
13.4 Governing Law, Settlement of Disputes and Jurisdiction. Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Merriment. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
13.5 Waiver. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.6 Survival of Provisions. Terms and Conditions will survive termination of the same by the User or by Merriment.
13.7 Severability. If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.8 Notices. All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be @ [firstname.lastname@example.org], if to Merriment, if to the User it shall be to address registered with the Site. 13.8
13.9 Right to Seek Injunction. The User accepts and acknowledges that the breach of the Terms and Conditions may cause Merriment irreparable harm, and thus confirms and accepts that Merriment will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that Merriment may have under law and tort.