Terms & Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MERCHFUL.ME.
WELCOME TO MERCHFUL, A BRAND OF REGISTERED COMPANY INKMASH GIFTS DMCC. MERCHFUL PROVIDES ITS WEBSITE AND RELATED SERVICES (“SITE”) TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MERCHFUL CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND MERCHFUL MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USE OF THIS SITE. IF YOU CONTINUE TO USE THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
Registration, Accounts and Passwords
Certain of the services and related features that may be made available on Merchful may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on Merchful and (b) all activities that occur under such password or account shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
In using this Site, you agree to not:
- upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload, download, post, email or otherwise transmit any Content that would go against the cultural beliefs or traditions of the country you reside in and/or the UAE. In doing so you admit and accept content is for your personal use and you are fully liable for any damage or disrespect to the culture or tradition incurred;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
- frame or link to the Site except as permitted in writing by Merchful;
- incorporate images or names that would violate a person’s right of privacy or publicity.
You acknowledge that Merchful does not pre-screen submitted Content, but that Merchful shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Merchful may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Merchful and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Merchful. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, Merchful. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Merchful nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Merchful’s production of any product depicting your Content does not indicate that Merchful approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Merchful may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Merchful, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Merchful takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Merchful and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Merchful and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
Please note that there may be certain orders that we are unable to accept and must cancel. Merchful reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, failure to comply with the user conduct or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order or your customer’s order. If your order is canceled after your paypal account, card or wallet has been charged, we will issue a credit to the same account in the amount of the charge.
Pricing and Content Information
While Merchful strives to provide accurate pricing information, pricing or typographical errors may occur. Merchful cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Merchful shall have the right, at Merchful’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Merchful may, at Merchful’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We do our best to provide you with great values on our website. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.
Trademarks and Copyrights
All of the names, titles, logos, and designs on merchful.me identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Inkmash Gifts DMCC. All other names, titles, logos and designs appearing on merchful.me are the property of their respective owners. Any use of any trademarks appearing on merchful.me without the express written consent of the owner of the trademark is strictly prohibited.
Merchful.me contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of merchful.me also are protected by copyright as a collective work and/or compilation under the UAE copyright laws, international conventions and other copyright laws. Merchful.me and/or its affiliates own the copyright in the Content original to Merchful.me and in its selection, coordination, arrangement and enhancement of the Content.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MERCHFUL AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT MERCHFUL DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MERCHFUL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCHFUL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
You agree to defend, indemnify and hold harmless each of merchful.me, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on merchful.me, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use merchful.me or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from merchful.me. You shall use your best efforts to cooperate with us in the defense of any claim.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MERCHFUL.ME, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MERCHFUL.ME HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF MERCHFUL.ME, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO MERCHFUL.ME OR ANY OF THE SERVICES.
You expressly acknowledge that Inkmash Gifts DMCC has entered into this agreement, and has or may make merchful.me and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and merchful.me. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Emirate of Dubai, UAE. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, merchful.me reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that Merchful, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to merchful.me, and remove and discard any information or content related to merchful.me for any reason, including where merchful.me believes that you have violated any of these Terms and Conditions. You further agree that merchful.me shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with merchful.me or with any terms, conditions, rules, policies, guidelines, or practices of Inkmash Gifts DMCC in operating merchful.me, your sole and exclusive remedy is to discontinue using merchful.me or service.
Submission Of Ideas and/or Suggestions
Merchful is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, Merchful would like to hear them – but any submission will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO MERCHFUL.ME (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO MERCHFUL.ME, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO MERCHFUL.ME THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT MERCHFUL.ME IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MERCHFUL.ME, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Merchful.me and you pertaining to your use of Merchful.me and supercedes any prior agreements between you and Merchful.me with respect to the subject matter hereof. Merchful.me’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Merchful.me does utilize “cookies” to help recognize you as a repeat visitor and to track traffic patterns on our site. We use this information only to improve the user-friendliness and functionality of Merchful.me.