These Terms of Service (“Terms”) govern Your access to and use of Our (“MeriCity” or “We”, “Us”, “Our”) services, including Our website at ‘www.MeriCity.com’, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services (if any) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Service Content”). Please read these Terms carefully.
We may periodically make changes to these Terms. It is your responsibility to review the most recent version of the Terms. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Terms for your use of the Service as of the date of modification.
1. The Service:
The Licensed Application is not a substitute for good judgment and common sense, and it is not a 100 or 108 or any emergency notification service or alternative to those services. The Service must not be used to improperly stalk or harass anyone, and may not be used to monitor, or record data pertaining to, any person other than in the course of using the Service for its intended purposes. The Service is not intended for use by private investigators. The Service is not intended for use as a standalone self-defence tool, and it should not be relied upon as such. The Service is only intended to post the Content which may be used by the Authority to act upon the same. The use of the Service is subject to the MeriCity Rules.
You may use the Services only if (a) you agree to form a binding contract with MeriCity; (b) you are a citizen of India; (c) you have attained the age of majority as per the Law; (d) you must have a sound mind and (e) you are neither disqualified from contracting by any law nor barred from receiving services under the laws of India. If you are accepting these Terms and using the Services on behalf of the Authority, you represent and warrant that you are authorized to do so.
3. Account Registration:
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
By using the Service, you consent to receiving electronic communications from us. We may need to provide you with certain communications relating to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. You agree that the appropriate Authority-User having the jurisdiction may need to contact you or to provide you with certain communications, if any need arises, using the Service or without using the Service, and for those act of the Authority, MeriCity will not be responsible or liable. In case you change or deactivate your phone number in the Account, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
5. Content on the Service:
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. MeriCity respects the responsible user-citizen of India (“Reporting User”) who tries to bring the problems/ complaints to notice of the Authority and expects the users of the services to use the Service for its intended use only. The users who represent the Authority (“The Authority-User”) can access, discard the complaint/ information, update the progress of the complaint and can close the complaints. We reserve the right to remove Content alleged to be infringing any MeriCity Rules or any Indian Laws, Rules and Regulation without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged violation of any laws, rules and regulation that comply with applicable law and are properly provided to us.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
MeriCity respects the intellectual property rights of the Authors and expects users of the Services to do the same. We reserve the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes any intellectual property rights infringement, please report this by contacting the MeriCity Authority.
Your Right :
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours –you own your Content.
By submitting, posting, uploading or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for MeriCity to provide, promote, and improve the Services and to make Content submitted to or through the Services available to the Authority for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by MeriCity, or the Authority, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
6. Using the Services:
Please review the MeriCity Rules (https://www.MeriCity.com/Rules), which are part of the MeriCity User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms, the MeriCity Rules and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for MeriCity granting you access to and use of the Services, you agree that MeriCity and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, the computer systems which are properties of MeriCity, or the technical delivery systems of MeriCity’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MeriCity (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MeriCity; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, rules, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MeriCity, its users and the public.
7. Your License to Use the Service:
MeriCity gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MeriCity, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of India. Nothing in the Terms gives you a right to use the MeriCity name or any of the MeriCity trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of MeriCity and its licensors. Any feedback, comments, or suggestions you may provide regarding MeriCity, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Ending these Terms:
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the MeriCity Rules , (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable.
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: IV, V, X, XI, XII, XIII
9. Third-Party Content:
The Service may contain links to various contents provided by one or more third parties (“Third-Party Content”). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We do not undertake any responsibility to update or review any Third Party Content and we do not make any guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will not govern your activities away from the Service. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Application and other areas of the Service may contain advertisements and promotions of third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless us, our subsidiaries, affiliates, and Service Partners, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Disclaimers and Limitation of Liability:
The Services are Available “AS-IS”
Your access to and use of the Services or any Contents are at your own risk. You understand and agree that the Services, information and the Contents are provided to you on an “AS IS” and “AS AVAILABLE” basis.
The “MeriCity Entities” refers to ‘MeriCity Solutions Private Limited’, its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MERICITY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
The MeriCity Entities make no warranty or representation, and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, usefulness or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the MeriCity Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
THE MERICITY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MERICITY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE MAXIMUM TOTAL LIABILITY OF MERICITY ENTITIES TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATION, THE SERVICE, OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, THAT YOU HAVE PAID TO MERICITY FOR YOUR USE OF THE APPLICATION AND THE SERVICE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at www.MeriCity.com/termsofservice, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. MeriCity’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
The Agreement shall be subject to jurisdiction of the courts at Gandhinagar.
Effective Date :