Terms of Service
We “idigital Mercury” agree to provide you, the participant or business with products and services on the basis that you acknowledge and agree to accept the following Terms & Conditions.
Any reference to “We”, “Us” or “Our” is a reference to idigital Mercury, it’s Directors, Agents, or Contractors.
“Commencement date” is the date this agreement is signed. These Terms & Conditions together with financial details attached overleaf, consist of the entire agreement between you and us (the “Agreement”).
These Terms & Conditions together with the financial details attached overleaf consist of the entire agreement between you and us (the “Agreement”)
You acknowledge and agree to the fees highlighted within the financial details attached overleaf on the order form.
Some of the services offered by idigital Mercury require payment of fees (“Charged Services”) If you elect to sign up for Charged Services, you shall pay all applicable fees as described on the order form in connection with such Charged Services selected by you.
idigital Mercury reserves the right to change its prices at any time. You authorize idigital Mercury directly or through third parties to make inquiries it considers necessary to validate your account and financial information that you provided while signing up for such services. Please note that according to internal agreements, idigital-Adoravel Ltd (idigital Mercury’s wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees related to using Charged Services are charged automatically using the payment method as determined in the order form. If idigital Mercury does not receive a request in writing via email for Charged Services termination, you acknowledge and understand that idigital Mercury will continue to charge you for Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services
Users purchasing Charged Services shall pay any and all prices and fees due for such services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended or terminated. idigital Mercury reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online or sent to you via electronic correspondence and effective immediately with need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic monthly renewal option. The automatic monthly renewal option automatically renews the applicable service for a renewal period equal in time to the original service period. For example, if your original service period is every 30 days, your renewal period will be every 30days. While the details of the automatic renewal option vary from service to service, the services that offer an automatic renewal option treat it as the default setting. Therefore, unless you cancel your subscription, idigital Mercury will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on file with idigital Mercury at idigital Mercury’s then current rates, which you acknowledge and agree may be higher or lower than that rates for the original service period. You may cancel your subscription from such services prior to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards idigital Mercury in relation to the discontinuation of the services.
Subject to full compliance with the Terms of this Use Agreement, idigital Mercury shall provide certain services, as described more fully on the Website (“Services”) or Order Form. Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and idigital Mercury may charge fees for such Services. idigital Mercury may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. idigital Mercury may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. idigital Mercury may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any idigital Mercury product or image or webpage including such which have been created by users unless stated otherwise. The Premium/Upgraded Services provided by idigital Mercury (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
3. Terminating the Agreement/Cancelling your Enrolment
i. You may terminate the Agreement and cancel your subscription at any time by notifying us in writing at email@example.com
ii. We reserve the right to cancel this Agreement if you fail to pay your subscriptions
The idigital Mercury Charged Services are provided on a monthly basis. idigital Mercury users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on.
idigital Mercury will only refund you according to its Money Back Guaranty Policy. idigital Mercury offers a 30-day money back guaranty (“Guaranty Period”). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. idigital Mercury will not refund any amounts paid after the elapse of the Guaranty Period.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the idigital Mercury services or products for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. Third Party Services
You are fully aware of the fact that idigital Mercury shall not have any responsibility or liability with regard to any third party services used by you on or through your idigital Mercury formed website such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of idigital Mercury.
A. General: idigital Mercury may offer its Users through its products various applications and professional services that can be used in conjunction with or as part of the idigital Mobile Attraction package. Applications may be provided and operated by idigital Mercury or by third-parties not affiliated with idigital Mercury. The provider of each Application may be embedded into templates, so it can be easily identified by Users. You agree that idigital Mercury is not responsible for any Application that is offered by any source other than idigital Mercury.
Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to idigital Mercury Users
B. Availability of Applications: idigital Mercury shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or any features or components thereof). You agree that in such event digital Mercury shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your idigital Mercury product at its sole discretion. In such event, You shall have no claims towards idigital Mercury as result of any loses of data or other content.
C. Responsibility and Liability: You acknowledge that other than Applications offered and provided by idigital Mercury, all Applications are offered on an AS-IS basis and idigital Mercury shall have no responsibility in relation to the proper functionality and/or availability of any Application. The entity or person providing an Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, and proper functioning of the respective Application. You agree that You are solely responsible for and that idigital Mercury has no responsibility to you or to any third party for your use of any Application, any breach of your obligations under the Application Terms, and for the consequences (including loss or damage of any kind which idigital Mercury may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website or Order Form, upgrade of your idigital Mercury product by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Application.
E. Ownership of Rights: idigital Mercury or third parties providing Applications shall own all right, title and interest of Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.
7. Intellectual Property Rights
The Content on the idigital Mercury Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a idigital Mercury document). idigital Mercury reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the idigital Mercury Website or features/products that prevent or restrict use or copying of any Content or enforce limitations on use of the idigital Mercury Website or any of the Content therein.
8. Terms and Conditions of Use
If you want to view or use http://idigitalmercury.com/ you must agree to conform to and be legally bound by the terms and conditions described below as well as our website. If you disagree with any of these terms or conditions, do not use our website
9. Warranty Disclaimer & Limitation of Liability
i. You Agree that use of the idigital Mercury Website or idigital Mercury Products shall be at your risk. To the fullest extent permitted by Law, idigital Mercury, its officers, directors, and agents disclaim all warranties, express or implied, in connection with idigital Mercury products, the website and your use thereof. idigital Mercury makes no warranties or representations regarding the accuracy or completeness of the content on the idigital Mercury website or the content of any sites linked to the idigital Mercury website.
ii. In no event shall idigital Mercury, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental , special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content (ii) Personal injury or Property Damage, of any nature whatsoever, resulting from your access to and use of our products or websites. (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein, (iv) Any interruption or cessation of transmission to or from our website or products (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the idigital Mercury website.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
iii. You specifically acknowledge that idigital Mercury shall not be liable for user content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
iv. Idigital Mercury does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through the idigital Mercury Website or any hyperlinked website or featured in any banner or other advertising, and idigital Mercury will not be a party to or in way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
v. idigital Mercury makes no representations that the idigital Mercury website or products is appropriate or available for use in all locations. Those who access or use the idigital Mercury website or products from jurisdictions prohibiting such use do so at their own volition and are responsible for compliance with local law.
11.Events Beyond Control
Under no circumstances shall idigital Mercury be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of idigital Mercury, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify idigital Mercury in writing of any unauthorized uses of your account or any other breaches of security. idigital Mercury cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will idigital Mercury be liable, in any way, for any acts or omissions by any idigital Mercury User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
How to Contact Us
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email to support[at]idigitalmercury.com, and providing us with information relating to your concern.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our products and services