Terms of Merchium Service
If you decided to use the Merchium service, you must read and understand these terms of provision of the Merchium service (hereinafter referred to as the “Terms”).
By using the Merchium service you confirm that you agree to the Terms. If you do not wish to be bound by the Terms, you must not use the Merchium service.
Any case of use of the Merchium service falls within these Terms. Any use of the Merchium service contradicting the Terms is forbidden. If the legislation of your country provides for another order of use of similar services, you have the right to use the Merchium service only in the manners and within the limits expressly defined in these Terms.
1. Terms and Definitions
All terms given shall have the following meaning for these Terms only, and shall not be construed to suggest otherwise when used in respect of these Terms.
Company means Simbirsk Technologies Ltd. which provides the Merchium service.
Merchium means the service of renting out an Online Store.
Online Store means the website provided by the Company, using which products are sold.
Merchium Website means the website of the Company available on the Internet at https://www.merchium.com.
Payment System means any of payment systems in which the Company is registered.
2. Conditions of Provision of Merchium
To use Merchium, you must be 18 years old or older, or you need to register on the Merchium Website. You guarantee that the information you provide is trustworthy.
You grant the Company a non-exclusive right to reproduce, modify, adapt the contents of your Online Store for the purposes of displaying, distributing and promoting the Online Store.
The Company reserves the right to reject the registration and use of Merchium if you have provided untrustworthy personal information about yourself as well as for any other reason that the Company may deem well-grounded for the rejection.
3. Types of Merchium Subscriptions
- the paid plans give an ability to use Merchium for renting various number of Online Stores with different sets of features, and different subscription periods are set for them (month or year). For the rented Online Store to work on the paid plan, you shall pay the subscription fee you choose according to the chosen plan as specified on the Merchium Website. The Terms of provision of the paid Merchium versions are published on the Merchium Website.
4. Rights of Company
The Company reserves the right to reject the provision of Merchium to any person for any reason at any time.
The Company has the right to decline or remove any information the Online Store contains in case the Company considers it as breaking the policy of the Company, or misleading the Company and third parties, or malicious.
The Company has the right to use the information received from you to improve Merchium, which includes informing you of the introduced improvements and updates.
5. Limitations of Use of Merchium
You are not allowed to use Merchium for any illegal or unauthorized purposes with breaking the laws of your jurisdiction.
You are liable for any content (photos, text, graphics, etc.) and data uploaded under your account.
You are not allowed to use Merchium for mailing various information, viruses, or other malicious information.
You have no right to:
- break, decompile, deassemble or in any other way try to get the source code, object code or base structures, ideas or algorithms of work of Merchium or any other software, documentation or data related to Merchium or other associated products of the Company;
- extract, excerpt or use any part of Merchium source code to create any Merchium-based derivatives as well as provide such possibility to a third party;
- remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of Merchium without a prior written consent of the Company;
- claim that you possess any rights, including the exclusive right to Merchium, any patents, trademarks or design elements related to Merchium;
- prevent the Company from obtaining information about the use of Merchium by you.
In case you have registered on the Merchium Website, you are liable for the security of your account and you are fully liable for any action taken under your account. The Company shall not be liable for any damage caused by your inability to provide the security of your account.
You are fully liable for the content of your Online Store as well as for the breach or damage that may be caused by the content of your Online Store.
You guarantee that the content of your Online Store:
- does not infringe the confidentiality, rights, or interests of any third party;
- does not contain any viruses, worms, or other malicious programs;
- does not contain any libel, obscene, or damaging information;
You are solely liable to third parties for any responsibilities arising out or in connection with your commercial activities.
You agree to indemnify for the damage and save the Company and the staff from any claims and costs, including legal costs arising out of the use of Merchium by you as well as the costs arising out of the breach of these Terms.
In the event the law of your country concedes no limitation of liability, or the liability of the Company is recognized by the competent court, the Company will be liable only for the actual damage you incurred from the use of Merchium if the damage is caused by a tort of the Company, or if the damage is caused by the reasons that the Company knew or should have known. The maximum amount of liability of the Company is limited to the amount paid by you to the Company for the use of Merchium.
7. Intellectual Property
Any contents as well as any information related to Merchium including, but not limited to the source code, software, design, graphics, logos, trademarks are the property of the Company.
The use of Merchium does not grant you any rights or licenses to reproduce or otherwise use the trademarks of the Company.
You acknowledge that any unauthorized use of intellectual property rights is a breach of these Terms and rights of the Company as well as a violation of the intellectual property, copyright and trademark law. You are fully liable for the breach of the rights mentioned above.
8. Limitation of Liability and Warranties
Merchium is provided “AS IS” without any warranties and with all possible malfunction.
The Company does not guarantee that Merchium will be provided with no interruption and errors.
Under no circumstances the Company guarantees error-free and uninterrupted performance of Merchium and that Merchium will sufficiently meet your requirements as well as the Company disclaims any other warranties to the extent to which it is permitted by the effective law.
Under no circumstances the Company is liable to you for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) including your loss or damage caused by the use of or impossibility to use Merchium.
The Company cannot view the content of all the Online Stores powered by Merchium, and any Online Store powered by Merchium may contain information infringing the intellectual property rights of third parties. The Company is not liable for the information published in these Online Stores. When the user visits any Online Store powered by Merchium, the user by himself takes precautionary measures to protect him from any viruses, malicious programs and other information.
The Company is not liable for any damage arising out of the use of the Online Store powered by Merchium by the user.
The warranties that are specified in this section of the Terms apply to Merchium and all the associated projects and services of the Company.
9. Alteration of Merchium
These Terms may be changed by the Company unilaterally. The text of the made changes is published on the Merchium Website. The changes specified in these Terms shall come into force on the date of publishing the notice on the Merchium Website unless otherwise stated in the appropriate posting. Any change and addition to these Terms is mandatory for acceptance and satisfaction by you at the further use of Merchium. If you continue using Merchium, you automatically agree to all the changes made to these Terms.
The Company is not liable to you or any third party for any change, interruption and termination of the provision of Merchium.
10. Termination of Merchium
You can unsubscribe from Merchium at any time with paying all your debts to the Company previously.
When terminating the use of Merchium, the Company reserves the right not to refund the money paid by the User.
When terminating the use of Merchium you can delete your account in Merchium at any time by sending the appropriate request by email to email@example.com.
The Company can terminate the provision of Merchium at any time for any reason without the prior notification.
With no restriction to use any other legal remedies the Company can terminate the provision of Merchium or delete your account if the Company possesses the information that you are doing or did illegal activities with the use of Merchium.
11. Arbitration Clause
You acknowledge that the Company may suffer irreparable damage if you break these Terms, therefore you agree that the Company has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
Any dispute and controversy arising out of these Terms or in connection with Merchium shall be referred to and finally resolved by the Ulyanovsk Regional Court of Arbitration (Ulyanovsk, Russian Federation), or the appropriate court of common law on the territory of the Russian Federation (the competent court) at the location of the Company. In case if you is a legal entity or individual entrepreneur registered outside the Russian Federation, any dispute arising out or in connection with this Agreement, including any question regarding its interpretation, execution, termination or validity shall be finally settled by arbitration under the Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the “Rules”, https://www.tpprf-mkac.ru/en/2010-06-13-13-33-51/regleng), which Rules are deemed to be incorporated by reference into this section. The arbitration panel shall consist of one (1) arbitrator selected in accordance with the Rules. The language to be used in the arbitral proceeding shall be Russian. The governing law of the Agreement shall be the substantive law of Russian Federation. The arbitration shall be held in Moscow, Russian Federation. The injunctive relief for the subject of dispute may be only suspension of recovery on the basis of the enforced document questioned by the plaintiff or any other document under which penalties are recovered on non-acceptable basis. The plaintiff shall bear its own and the other Party’s costs associated with the resolution or arbitration of any dispute, and all fees and other costs of the arbitration proceeding shall be paid by the plaintiff. The award rendered by the arbitration shall be final and binding upon both Parties and judgment upon the award may be entered in any court having jurisdiction thereof.
These Terms comply with the effective law of the Russian Federation and international agreements in the sphere of intellectual property. These Terms and any relationships arising out or in connection with these Terms shall be governed by and interpreted according to the substantive and the adjective law of the Russian Federation.
If any provision of these Terms for any reason becomes unenforceable, or is voided, or is deemed to be invalid by the decision of the competent court, then it is regarded as an omission from the text of these Terms, which, however, shall by no means affect the legitimacy and validity of the other provisions of the Terms.
If you have any questions, comments or remarks, please contact us by the email address firstname.lastname@example.org.