MerchantPlay
MerchantPlay Terms of Service
Version dated 25 December 2016
By accessing and using the merchantplay.com website ("Website") and the Service ("Service") offered by MerchantPlay ("MerchantPlay") through the Website, the person or organisation entering into these Terms as a user of the Website or Service, together with all individual users accessing the Website or Service on that person's behalf ("You" or "Users") accept and agree to be bound by these terms of use ("Terms"). You may only use the Website and Service in accordance with these Terms. All rights not expressly granted to You in these Terms are reserved by MerchantPlay.
These Terms apply to all use of the Website (including any paid use of the Service), and any free usage of the Service.
Account Terms
  1. You warrant that you are 18 years of age or older.
  2. You warrant that you are a human, and not a computer service or automated "bot".
  3. You warrant that you have provided accurate and valid information requested during the registration process.
  4. You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
  5. You are prohibited from violating, or attempting to violate, the security of the Service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MerchantPlay.
  7. You agree that if you are a direct competitor of MerchantPlay or employed or contracted by a direct competitor, you may not register to and access the Service, except with MerchantPlay's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
  8. You understand that MerchantPlay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by MerchantPlay, we reserve the right to limit your bandwidth to the Service.
Payments, Refunds, Upgrading and Downgrading Terms
  1. A valid credit card is required for paying accounts. Your credit card statement will show a payment to "MERCHANTPLA".
  2. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  3. We will charge your credit card for any upgrade or downgrade in plan level at the new rate with immediate effect upon the activation of the new plan and at the same time the subscription of the old plan will be cancelled and there will be no refunds for days unused in the old plan.
  4. If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity.
  5. Downgrading your Service may cause the loss of content, features, or capacity of your Account. MerchantPlay does not accept any liability for such loss.
Account Cancellation Terms
  1. Accounts can be cancelled at any time on the "Account" tab of the Service. You are solely responsible for cancelling your account by following the instructions provided on this tab. A request to MerchantPlay to cancel your account does not constitute a cancellation, and MerchantPlay is not responsible for additional charges that may occur if you do not cancel your account properly.
  2. If you cancel your account prior to the start of the next billing period, you will not be charged again. No refunds will be given for the month in which the Service is cancelled.
  3. Upon cancelling your account, all data you entered into the Service on that account will be immediately deleted from the Service. Cancelling an account is an irreversible process and the data cannot be recovered. We are not liable for any loss resulting from cancellation.
Service and Pricing Modification Terms
  1. MerchantPlay reserves the right to modify or remove parts the Service at any time. MerchantPlay will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
  2. Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from MerchantPlay. Such notice may be provided by posting the changes to the Website or the Service itself.
  3. MerchantPlay shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property Rights Terms
You acknowledge that MerchantPlay shall own all rights, title and interest, including without limitation all related Intellectual Property Rights, in and to the Service and Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Accordingly, you agree that you shall not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any automated or manual process to monitor or copy any content from the Service. In particular, you shall not reverse engineer or access the Service in order to build a competitive product or service or to build a product using ideas, features, functions or graphics of the Service. The MerchantPlay Intellectual Property Rights include rights to Service developed and provided by MerchantPlay. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the MerchantPlay Website or the Intellectual Property Rights owned by MerchantPlay.
Reasonable Use Policy
You agree to use the Service in a reasonable way if you have subscribed for an "unlimited" account. If we determine that your use of the Service is not reasonable or that your use is causing degraded performance of the Service for you or for other Users, we may impose limits on your use of the Service. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits. Limits on your use of the Service may include (but are not limited to) the quantities and volumes of the following parameters, per merchant account: (a) storage required to host and backup merchant data; (b) sales transactions per calendar month; or (c) outlets, registers, users, products and customers.
Disclaimers
  1. MerchantPlay is not responsible for any incorrect or inaccurate content posted on the Website or Service. The Website or Service may be temporarily unavailable from time to time for maintenance or other reasons. MerchantPlay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. MerchantPlay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Website or Service, including injury or damage to users or to any other person's computer related to or resulting from use of the Service.
  2. MerchantPlay does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, MerchantPlay, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided "as-is" and MerchantPlay disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. MerchantPlay cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will MerchantPlay or any of MerchantPlay's business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if MerchantPlay has been advised of the possibility of such damages.
Indemnification
You agree to hold harmless and indemnify MerchantPlay, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Questions or Additional Information
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail thru the facility provided in the MerchantPlay Website.