Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 or any other relevant laws in your jurisdiction including minors shall not be eligible to use the website and/or avail the Services. Any minor who wishes to use or contribute on the website is required to conduct such a transaction through his / her legal guardian or parents. If you represent a company or any entity, you shall be eligible to access the website and avail the Services on its behalf only if you have been duly authorized by way of valid authorisations of such entity. You may only access the website and use the Content and the Services for lawful purposes only. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the website, Content and the Services.
Every User may be required to register and create his/her user account on the website before using the Services. Such Account shall be created with a valid mobile number. The User may login by entering through One Time Password (“OTP”) received on their registered mobile number or create a password for the same. In some cases where you avail the Services through a third-party platform, we may create an Account on your behalf. In such case, you may login with the OTP received on your mobile number registered with such third-party platform. Upon such login, we recommend you to change your password immediately. You shall not share your OTP with any other person under any circumstances. The User shall be responsible for maintaining the confidentiality of his/her username/access/OTP and password of the Account in the process of the use of the website and the User shall be responsible for all activities that occur under its username/access/OTP and password. A User can delete his/her Account, either directly or through a request sent at [email protected]. User Account is non-transferrable. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you violate any of these obligations, we may terminate your Account at our sole discretion and without any information to you.
- Copyright and Content Policy
Merchit may announce promotional offers from time to time, including discount schemes, vouchers, coupons, points, or account credits (“Coupon”),that may be linked to their validity and such terms as listed therein at the relevant time. These offers may be provided in collaboration with the third parties as communicated by the Company and/or the applicable third party. Merchit reserves the right to withhold or remove any offer from a user account without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the offer.
You may have the opportunity to purchase "ShoutOut" from the Celebrities/personality of your choice as available on the Website at the relevant time. A “ShoutOut” is a Personalized Video Message (PVM) from your favorite personality/celebrity/artist. You can place a request with your message to us for a ShoutOut using the website.
Subject to the payment of the applicable charges, you will have a non-exclusive, limited, revocable, non-transferable and a worldwide license from the relevant personality/celebrity/artist to use a ShoutOut purchased on the website, for your own personal, non-commercial, entertainment and non-promotional purposes. A ShoutOut is only licensed to you and not sold to you. You shall not modify or edit a ShoutOut or re-sell your rights therein. You may, at the cost of PVM, publish or upload a ShoutOut, or any part thereof, on any media including any social media handle.
- Brand Owners & Services
In case of User is a brand owner, he/she may hire the Services such as (a) “Brand Shout Out”, a personalized and customized video message from an Celebrity/ personality of your choice, for promoting a product of the Brand Owner. A Brand Owner may submit a request for hiring any of the Brand Services by submitting a request on the website. Upon receipt of a request for availing one or more Brand Services we will liaise with the Brand Owner and the celebrity/personality of your choice shortlisted by the Brand Owner for finalising the engagement rates and the deliverables. Once the request of the Brand Owner is accepted, the Company and the Brand Owner shall execute a separate services agreement which shall set forth the details of the Brand Services to be provided by the Company.
- Celebrity’s Special Terms
You (Celebrity) hereby grant to the Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit in the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Services and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform and/or the Services in any media formats and through any media channels. You provide the Company and its affiliates, the undisputed and irrevocable right to apply its watermark, brand, logo including that of its Partners and affiliates on the Product uploaded by you. You further agree that the Company may use the images and names, and social profile links and/or handles used by you on its social media sites for promotional and advertising purposes on any online or offline platforms, in print and electronic formats such as publications, videos, projects, and websites, as deem fit by the Company. You authorize the Company to publish press releases, advertise and/or other general marketing information in any medium, related to your engagement with the Company.
The relationship between the Company and the celebrity/personality shall be on principal to principal basis and neither the celebrity/personality nor the Company shall constitute as joint ventures, partners, employees or agents of each other. Neither party shall bind the other to any agreement without the express written consent of the other.
We own all right, title, and interest of the website and Services, including all software, text, images, contents, media, look and feel of the website and the Services and trademarks, logos, designs, trade names and brand names.
- Rights and Responsibilities
- Interruption of Services
Your access to the Services and the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the updation of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.
User shall be responsible for payment of all fees/costs/charges applicable to the purchase of the Services via the website and the User agrees to bear any and all applicable taxes in relation thereto including but not limited to GST.
You shall not use any "page-scrape", "deep-link", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website, Services, or any Content thereof, or in any way reproduce or circumvent the navigational structure or presentation of the website, Services or any Content.
In addition to the prohibitions imposed on you under applicable law, you agree not to do or allow to do any of the following activities:
Post, request for, upload, publish, submit or transmit any content that;
- is misleading, false, fraudulent, or deceptive;
- is defamatory, obscene or pornographic;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- misappropriates or violates a third party’s, copyright, trademark, trade secret or other intellectual property rights.
- violates, or encourages any conduct that would violate, any applicable law or regulation or would entail civil/tort liability;
- promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group of individual;
- promotes illegal or harmful activities or substances;
- contains personal or contact information about any other person/entity without their prior permission;
- violates any content policies of the Company, published for the Services.
- threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, and Rules made thereunder;
- publish any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation or use automated programs to start chats;
- transmit any worms or viruses or any code of a destructive nature;
You agree to defend, indemnify and hold harmless Merchit including its affiliates subsidiaries, group company, its director, advisors, employee, agents, partners, suppliers, from and against any and all demands, claims, actions, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) made by any third party or penalty imposed due to or arising from:
- Violation of these Terms & Conditions;
- Violation of the terms which apply to your User Submission;
- Violation of any third party right, including without limitation any copyright, intellectual property rights, publicity or privacy right;
In case of any claim arisen through your User Submissions or cause damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions against your use of the Website.
- Disclaimer of representations & warranties and Limitation of Liability
We with our fullest efforts ensure the accuracy and correctness of the information on Merchit website, but we cannot guarantee that there are no errors. No claims, promises or warranties, express or implied, are made about the accuracy, completeness or fitness for purpose of any material on this website. Liability for errors is expressly disclaimed. Merchit does not warrant that the website is compatible with all hardware, software and other systems which you may use. Merchit excludes all warranties, conditions, terms or representations about the accuracy or completeness of website or any other sites linked to the website. The website, Services and the Content are provided "as is as available" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title, non-infringement; merchantability; uninterrupted, secure or error free use of the website or Services and any warranties implied by any course of performance or usage of trade. All of that are expressly disclaimed.
In no event shall we, nor our directors, employees, agents, advisors, partners, artists, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits, data loss, goodwill, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services, or for any bugs, viruses, trojan horses, or for any direct damages will be limited to the amount received by us from you within the last 3 months towards the services.
You undertake that you shall keep secure and not disclose to any person/entity any information relating to us which we reasonably consider to be confidential, including but not limited to details of our business methods, finances, prices or pricing strategy, marketing or development plans or strategies and any other information made available to you via the website or the Services which is or ought reasonably to be considered confidential in nature.
You acknowledge that you will not directly or indirectly make any disparaging statements to any third parties (including, without limitation, any print or broadcast media) about the Company, or any of the Services or any of the Users or the celebrity’s
If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Entire agreement:
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law shall survive the efflux of time and the termination of these Terms (including but not limited to Clause Nos. 10-12, 16-17, 22 of these Terms).
- Payment Policy
You agree to pay the payment for products/services that you purchase, Merchit works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure, when you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the product/services, you agree to pay us the due payment as per notification issued by us to you. We reserve the right to disable access to any course for which we have not received due payments.
- Refund Policy
If the product/service you purchased is not what you were expecting, you can request Merchit for refund for the same. We reserve the right to make refund, at our sole discretion, depending on the capabilities of our payment processing partners or the platform from which you purchased your product/service. If we believe that you are abusing our refund policy, we reserve the right to block your account and to restrict all future use of the Services.
No refund will be given except for multiple payments for same product/services.
We will deduct processing fees as be announce time to time or at the relevant time.
- Force Majeure Event
- Governing Law
- Dispute Resolution
- Contact Us
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
116, Somdutt Chamber-II, Bhikaji Cama Place,
Business Email: [email protected]
Contact No. 9602720375