ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. THE INFORMATION OF THIS WEB SITE APPLIES TO BANGLADESH, BRUNEI, CHINA, INDIA, HONG KONG, MACAU, MALAYSIA, SINGAPORE AND SRI LANKA. You should check whether the information contained in this web site applies to you or your organization.
The www.merchant-solutions.biz web site and its related sites are owned and operated by Merchant Solutions Private Ltd. Company Registration No. 200616768C (“Merchant Solutions”). This web site is hosted by First Data Resources Australia Limited. By accessing or using this web site you signify your acceptance of terms, conditions, notices and disclaimers contained in this document and elsewhere on this web site (known collectively as "Terms of Use"). You warrant that you have authority to accept these Terms of Use on behalf of any Merchant Solutions customer ("Customer") with which you are associated ("your Associated Customer").
From time to time, Merchant Solutions may modify these Terms of Use by altering these Terms of Use as posted on this web site. Any amendment will be effective from the date it is posted on this web site. If, at any time, you do not wish to accept the Terms of Use, or any alterations to them you may not use this web site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by Merchant Solutions and shall be of no force or effect.
This web site contains a link to a page which allows registered users to log in to a web site providing Remote Access Management (RAM). Your use of RAM is governed by the Terms of Use available on that web site.
INTELLECTUAL PROPERTY
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type arising at law, including rights in and to all applications and registrations relating to this web site (including, but not limited to, all data contained on this web site relating to you and your Associated Customer ("Data"), information, text, look and feel, material, graphics, images of people and places, software and advertisements) (the "Intellectual Property Rights") shall, as between you and Merchant Solutions, at all times be and remain the sole and exclusive property of Merchant Solutions. You assign upon creation all Intellectual Property Rights to Merchant Solutions.
The MERCHANT SOLUTIONS trademark is a registered trade mark of the Merchant Solutions entity in its relevant jurisdiction. The STANDARD CHARTERED Logo, Trustmark and Wordmark are registered trademarks of Standard Chartered PLC, used under licence by Merchant Solutions Private Ltd and each of its subsidiaries in their relevant jurisdictions. The FIRST DATA name, logo and related trade marks and services marks are owned by First Data Corporation and are registered and/or used in the United States and many foreign countries. Without the prior written permission of the respective trade mark owners, you agree not to display or use in any manner, the MERCHANT SOLUTIONS, STANDARD CHARTERED and FIRST DATA trademarks contained in this site.
You acquire no rights or licenses in or to the Intellectual Property Rights, this web site and materials contained within this web site other than the limited right to use this web site in accordance with the Terms of Use.
You agree to protect the Intellectual Property Rights of Merchant Solutions and all others having rights in this web site during and after the term of this agreement and to comply with all reasonable written requests made by Merchant Solutions or its suppliers of content (including Data) ("Content"), equipment or otherwise to protect their and others' contractual, statutory and common law rights in this web site.
The trademarks and copyrights not attributed to Merchant Solutions are the property of their respective owners.
REVISIONS TO DATA
You and Your Associated Customer are responsible for all revisions to the Data executed by you. You accept responsibility as a representative of your Associated Customer and represent your Associated Customer in all access and use of this web site. You acknowledge and agree that Merchant Solutions:
- Relies in good faith on any revisions to the Data executed by you; and
- Does not take any steps to verify the accuracy of any revisions to the Data executed by you.
Anything you send to the web site may be used freely by Merchant Solutions for any purpose including but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting, and shall be deemed and remain the property of Merchant Solutions. Merchant Solutions shall not be subject to confidentiality obligations with respect to the information and materials submitted by you.
DISCLAIMER
Merchant Solutions has made and will continue to make great efforts to include accurate and up-to-date Content on this web site. However, Merchant Solutions makes no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content provided on this web site is provided to you "as is". Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law. Merchant Solutions makes no warranties or representations, express or implied, that your use of the material displayed on this web site will not infringe rights of any third parties. You agree that your use of this web site is at your sole risk and acknowledge that this web site and anything contained within this web site, including, but not limited to, Content, services, goods or advertisements are provided in their then state and condition, subject to all latent and patent defects. Merchant Solutions excludes all warranties except for all non excludable statutory warranties.
Merchant Solutions does not warrant that this web site is compatible with your equipment or that this web site is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Merchant Solutions, its suppliers and its third-party agents shall have no responsibility or liability for:
- Any injury or damages, whether caused by the negligence of Merchant Solutions, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this web site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Merchant Solutions by any other party; or
- Any fault, inaccuracy, omission, delay or any other failure in this web site caused by your computer equipment.
LINKS TO THIRD PARTY WEB SITES
The content of other web sites, services, goods or advertisements that may be linked to this web site is not maintained or controlled by Merchant Solutions. Merchant Solutions is therefore not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, this web site.
Where this web site contains hyperlinks to web sites operated by third parties these linked web sites are not under the control of Merchant Solutions and Merchant Solutions is not responsible for the contents of any linked web site. Merchant Solutions provides these hyperlinks to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by Merchant Solutions. You link to any such web site entirely at your own risk.
Merchant Solutions does not:
- Make any warranty, express or implied, with respect to the use of the links provided on, or to, this web site;
- Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to this web site; or
- Make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to this web site.
This web site may also contain third party advertisements which contain embedded hyperlinks to web sites operated by third parties. All third party advertising is paid for by the relevant third party advertiser which you can accept by linking to the third party advertisers and are not recommendations or endorsements by Merchant Solutions. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party web site.
Merchant Solutions is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access this web site.
You understand that Merchant Solutions and/or third-party contributors to this web site may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Use.
LIMITATION OF LIABILITY
You agree that you use this web site at your sole risk. You agree that any Content downloaded by you is done so entirely at your own risk and you shall be solely responsible for the consequences of downloading any such Content.
Under no circumstances, including but not limited to negligence, shall Merchant Solutions, its suppliers and its third-party agents be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages even if a Merchant Solutions authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the Terms of Use, such as, but not limited to, loss of revenue or anticipated profits or lost business.
Under no circumstances shall Merchant Solutions, its suppliers and its third-party agents be liable to you for any damage, cost, loss or expense incurred by you arising out of or in connection with any revisions to the Data executed by you.
Under no circumstances shall Merchant Solutions be liable to you for any amount (if any) in excess of any fee payable by you for the right to use this web site.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless Merchant Solutions and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against Merchant Solutions, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Merchant Solutions, its employees, representatives, suppliers and agents is based on or arises in connection with this web site, or any links on this web site, including, but not limited to:
- Your use or someone using your computer's use of this web site;
- Your use or someone using your account, where applicable;
- A breach of the Terms of Use by you or anyone using your computer (or account, where applicable);
- A claim that any use of this web site by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;
- Any revisions, deletions, additions, insertions or alterations to, or any unauthorised use of, this web site or the Content (including the Data) by you or someone using your computer (or account, where applicable); or
- Any misrepresentation or breach of representation or warranty made by you contained herein.
RESTRICTIONS ON USE
You acknowledge and agree that you shall not:
- Use this web site for any illegal purpose or in any manner inconsistent with the Terms for Use;
- Copy, reproduce, recompile, decompile, disassemble, reverse engineer, frame, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit this web site, except as permitted by the Terms for Use or by applicable law;
- Interfere or disrupt networks connected to this web site;
- Use, transfer, distribute or dispose of information contained in this web site in any manner that would compete with the business of Merchant Solutions;
- Post any information from this web site to a newsgroup, chat room or discussion board; or
- Use the web site or information in a manner that breaches any applicable privacy legislation or Merchant Solutions' Privacy Statement, without the prior written consent of Merchant Solutions. Requests for permission to reproduce any information contained on this web site should be addressed to
Merchant Solutions
47 Scotts Road
#04-03 Goldbell Towers
Singapore 228233
Phone +65 6303 8800
Fax +65 6235 4095
RESPONSIBILITIES OF USE
You acknowledge and agree that you are responsible for:
- At the request of Merchant Solutions, providing such information and assistance as are reasonably required by Merchant Solutions in order for Merchant Solutions to meet its obligations under these Terms of Use;
- Complying with all reasonable directions and instructions of Merchant Solutions in relation to your use of this web site provided prior reasonable notice is given to you of any of the same;
- Taking every reasonable precaution in the use of this web site to prevent contamination and diffusion of any software or hardware contamination including viruses, worms or "Trojan horses";
- The accuracy of revisions to the Data (and for the avoidance of doubt such responsibility shall be solely your responsibility);
- Taking every reasonable precaution to ensure that access to this web site and the Data is restricted to those persons (including sub-contractors and agents) who are authorised users of this web site;
- Not sharing your Customer ID number and password (if applicable) with any third party;
- Changing your password (if applicable) on a regular basis; and
- Using this web site in accordance with all applicable laws and regulations
SUSPENSION OR DISCONTINUATION
Merchant Solutions may at any time without notification and without liability, suspend or discontinue the operation of this web site generally or your access to or operation of this web site.
GOVERNING LAW
The Terms for Use shall be governed and construed in accordance with the laws of Singapore. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Singapore and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
MISCELLANEOUS
You accept that Merchant Solutions has the right to change the Content or technical specifications of any aspect of this web site at any time at Merchant Solutions' sole discretion. You further accept that such changes may result in your being unable to access this web site. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. At the request of Merchant Solutions, you will execute and deliver to Merchant Solutions any documents necessary to effect this agreement.
The goods and services detailed in this web site are available to persons carrying on business in Bangladesh, Brunei, China, India, Hong Kong, Macau, Malaysia, Singapore and Sri Lanka only, unless otherwise expressly agreed by Merchant Solutions. |
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