Terms & Privacy Policy

Terms of Use

These terms and conditions govern the use of any document/page on web properties of Merchit, by installing, creating a user account and/or using the website (www.merchit.in), any of the services, features, content, functionalities or applications of Merchit (“Merchit’ or "Company" or "We" or “Our”), offered through the website or otherwise (collectively referred to as "Services"), you including the persons who browse, or who avail the services ("You” “Users") and the influencers and the celebrities who are contributors  to the content (“Celebrity”), agree to these terms of use including any other terms and conditions and policies referenced herein and/or available by hyperlink on the website and any agreement that may be executed by you with the company (“Terms of Use”). Changes may be made in these terms and conditions at any time and without any prior notice, users are bound by such changes/amendments and should therefore visit this page periodically to review the current terms and conditions. If you are a celebrity, please also refer to Celebrity’s special terms, which form an integral part of these terms and conditions.  

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and the rules thereunder as applicable or modified upto date and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws and rules under the IT (Intermediaries Guidelines) Rules, 2011, including the Consumer Protection (E-Commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website  including the mobile application.

Notwithstanding anything contained herein, in case of violation or breach of any of these Terms of Use, the Company reserves the right to take appropriate  legal action against you  before Appropriate Authority, including but not limited to, denying or revoking access to the website  and the Services.

  • Eligibility
  • 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.

    1. Copyright and Content Policy

    We regard to the intellectual property rights of others, and requests the Users for doing the same too. We do not permit any activity of copyright infringement of intellectual property rights on our website, we will remove all contents if properly notified that such contents infringes other's intellectual property rights, we undertake to remove the said content without prior notice. Please email us at [email protected] for any copyright and intellectual property rights infringement (if any). The content made available through the Services is either generated by the User or the celebrities. Although, the Company is not obligated to monitor access to or use of the Services or to review or edit any content, the Company has the right to monitor the website generally and all account activity for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements, the Company will remove all or any content submitted by you, if properly notified that such content infringes on another's intellectual property rights. The Company has the right to investigate violations of these Terms of Use or conduct that affects the website and/or the Services.

  • Contents Posted on the Website
  • User  agree that we are not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, products, listings, links or information posted by user, other users, celebrities  or third parties on the website (“Content”). For the purpose of these Terms of Use, the “Content” shall include also any text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials that you may post, view, access or use through our Services or the website or the celebrity may create pursuant to receipt of a request of the User. You fully understand that any Content uploaded, submitted, or offered for publication by the celebrities via the Services, shall be the content of the celebrities. The Company does not review or modify any Content, except as stated herein otherwise. The Company does not endorse any Content submitted via the website by any celebrities, i.e. any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with the Content. Notwithstanding, the Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason  or upon receipt of claims or allegations from any third party  or authorities. Your interactions with third parties, including the celebrities, as the case may be, found on or through the website are solely between you and such third party; however, the Company may, in its sole discretion, interact in any dispute and you will reasonably cooperate with the Company The Users agree not to contact or interact with any celebrity except as expressly permitted through our website. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from all claims, demands, and damages (actual and consequential). If you have a dispute with any third party over any Service, you agree not to make any claim of any kind or nature against the Company or its affiliates, no matter whether such claims, requirements or compensation of damages are known, ensured or released.

  • Additional Services and Terms
  • The website provides the additional services to the Users to access personalised content created by the celebrities of the User’s choice as per the requests received from the Users. All Service offered by the Company shall be governed by these Terms of Use and any other additional terms specific to each of such Service including as published on the website. Any new features or device or products which are added to the current Services shall also be subject to these Terms of Use. You acknowledge and agree that the Company may, in its sole discretion, advertise  and provide the Services (i) under any of the brand names owned by or licensed to the Company or in combination with the brand names of third party, including co-branding, double-branding or other combinations; or (ii) through third-party applications and media handles. You further acknowledge that the Partners shall be third party beneficiaries to the agreements made hereunder between You and the Company, and shall have the right to enforce such agreements directly to the extent they may deem such enforcement necessary or advisable to protect their rights or the rights of the Partners hereunder. The Company may change, suspend, or discontinue the availability of any of the Services at any time, without any notice or liability. In addition, the Company may apply limits on certain features of the Services or restrain your access to the website (partly) without notice or liability. The Users acknowledge that the charges payable in connection with the Services, may be subject to change, without notice or liability. Through the website you may submit a request to avail a Service. However, you acknowledge that your request may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the website. 

  • Other Sites Links
  • Merchit may contains links of other Websites which are not under the control of and are not maintained by Merchit. No responsibility is accepted for the content of those sites, we are not responsible or liable for any damage or loss related to the use of any third-party website. These links are provided for the users convenience only. You should always read the terms and conditions and privacy policy of a third-party website before using it.


    1. Promotional offers

    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.

    1. ShoutOut”.

    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.

    1. 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. 

     

    1. 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.

    1. Ownership

    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.

    1. Rights and Responsibilities

    Notwithstanding the continued compliance with these Terms of Use, a User will have a non-exclusive and limited license to use the Service purchased on the website and the Content comprised therein, for permitted uses and for permitted duration and the User shall not acquire any title or ownership in the Services or the Content. The User agrees that he/she will not redistribute, transmit, assign, sell, broadcast, share, modify, edit, license or otherwise transfer or use the Services and/or the Content, in whole or in part. If you breach any of the provisions herein contained, your license to use the Services and/or the Content be terminated with immediate effect and without further notice. The grant and continuation of the above licence is conditional upon your compliance with these Terms of Use or any app store provider from which you downloaded the website. You hereby grant to the Company, a royalty free and a transferable license to use the Content in all media and in any manner the Company may deem fit for the purpose of the delivery and promotion of the website and the Services. You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Services and/or the Content. You agree that you shall not, directly or indirectly contact or attempt to contact the celebrities or the other User, as the case may be or negotiate the terms of the celebrity’s  engagement in relation to the Services or services similar to the Services. Without limiting any other rights or remedies available to the Company, any attempt to deceive the Company may result in termination of your Account.

    1. 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.

    1. Charges

    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.

    1. Privacy Policy

    We may use third-party advertise networks to serve ads on the site. These companies may use information about your visits to provide advertisements of your interest. We are committed to respecting your privacy and the privacy of all individuals using the Services. More information regarding how we may use your personal data can be found in our Privacy Policy. By using any of the Services, you agree to the terms reduced in our Privacy Policy which is incorporated into these terms by reference.


    1. General Prohibitions

    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;

    1. is misleading, false,  fraudulent, or deceptive;
    2. is defamatory, obscene or pornographic;
    3. is violent or threatening or promotes violence or actions that are threatening to any person or entity;
    4. misappropriates or violates a third party’s, copyright, trademark, trade secret or other intellectual property rights.
    5. violates, or encourages any conduct that would violate, any applicable law or regulation or would entail civil/tort liability;
    6. promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group of individual;
    7. promotes illegal or harmful activities or substances;
    8. contains personal or contact information about any other person/entity without their prior permission; 
    9. violates any content policies of the Company, published for the Services.
    10. 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;
    11. 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;
    12. transmit any worms or viruses or any code of a destructive nature;
    1. Indemnity

    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:

    1. Violation of these Terms & Conditions;
    2. Violation of the terms which apply to your User Submission;
    3. 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.

    1. 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

    1. Severability

    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.


    1. Assignment

    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.

    1. Entire agreement: 

    These Terms, the Privacy Policy and any other terms or policies as may be published  by Merchit from time to time, constitute the entire agreement between you and Merchit, which will govern your use of or access to the Services and/or the website, superseding any prior agreements between you and Merchit regarding such use or access.

    1. Survival

    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).

    1. 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.

    1. 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.

    1. Force Majeure Event

    You agree that Merchit shall be under no liability whatsoever to you in the event of non-availability of the website services and/or any of the Services or any portion thereof, occurred by an Act of God, war, disease, pandemic, revolution, riot, civil commotion, strike, lockdown, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, or any other cause Govt. order, proclamation, ordinance act of terrorism whatsoever beyond the control of Merchit (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Website Partners). If Force Majeure event takes place that affects the performance of our obligations under these terms of use that obligations under these terms shall be suspended for the duration of Force Majeure event.

    1. Governing Law

    These Terms of Use shall be governed by, interpreted and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms The courts at New Delhi in shall have exclusive jurisdiction in respect of any matters arising out hereunder.

    1. Dispute Resolution

    In the event any dispute arises out of or in connection with these Terms of Use including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than one month, gives a notice to this effect, to the other party in writing. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the consent of both the parties. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held at New Delhi. The language of arbitration shall be English.

     

    1. 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:

     

    Akhil Gupta

    M/s MERCHIT

    116, Somdutt Chamber-II, Bhikaji Cama Place, 

    New Delhi-110066

    Business Email: [email protected]

    Contact No. 9602720375