Terms of Services

Last updated on: May 30, 2020

By signing up for a Merchant.id Account (as defined in Section 1) or by using any Merchant.id Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Merchant.id” means the applicable Merchant.id Contracting Party (as defined in Section 4 below).

The services offered by Merchant.id under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Merchant.id are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.Merchant.id.com/legal/terms. Merchant.id reserves the right to update and change the Terms of Service by posting updates and changes to the Merchant.id website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

1. Account Terms

To access and use the Services, you must register for a Merchant.id account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Merchant.id may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You confirm that you are receiving any Services provided by Merchant.id for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Merchant.id will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Merchant.id cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Merchant.id may result in an immediate termination of your Services.


WHICH MEANS
You are responsible for your Account and any Materials you upload to the Merchant.id Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Store Owner

Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Merchant.id Store can only be associated with one Store Owner. A Store Owner may have multiple Merchant.id Stores. “Store” means the online store or physical retail location(s) associated with the Account.

WHICH MEANS
Only one person can be the “Store Owner”, usually the person signing up for the Merchant.id Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a Merchant.id User.

Technical support in respect of the Services is only provided to Merchant.id Users.

You acknowledge and agree that Merchant.id may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Merchant.id’s website, available at https://www.Merchant.id.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Merchant.id’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Merchant.id Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws),

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Merchant.id.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Merchant.id or Merchant.id trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to Merchant.id Support.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, Nexmo Inc.'s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Merchant.id, is governed by its privacy policy at https://www.Merchant.id.com/legal/privacy

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Merchant.id’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.Merchant.id.com/legal/terms will prevail.

All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Merchant.id shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Merchant.id’s prior written consent, to be given or withheld in Merchant.id’s sole discretion.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(9)-(11), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

WHICH MEANS
The Merchant.id service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Merchant.id’s APIs, you will comply with our API terms.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Merchant.id’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS
Both you and Merchant.id agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

5. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Merchant.id shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

To the extent permitted by applicable laws, in no event shall Merchant.id or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Merchant.id partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Merchant.id does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Merchant.id does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Merchant.id does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

6. Waiver and Complete Agreement

The failure of Merchant.id to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Merchant.id and govern your use of the Services and your Account, superseding any prior agreements between you and Merchant.id (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS
If Merchant.id chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Merchant.id don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Merchant.id Service. All Materials you upload remains yours. You can remove your Merchant.id Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Merchant.id to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Merchant.id can, at any time, review and delete all the Materials submitted to its Service, although Merchant.id is not obligated to do so.

You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

Merchant.id shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

WHICH MEANS
Anything you upload remains yours and is your responsibility.

8. DMCA Notice and Takedown Procedure

Merchant.id supports the protection of intellectual property and asks Merchant.id merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Merchant.id’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information

WHICH MEANS
Merchant.id respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Merchant.id a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

9. Privacy & Data Protection

Please read our privacy policy at here > Merchant Privacy Policy
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