By Using MERJ.COM You Accept these Terms

Last updated: 14 August 2017

We think honesty and transparency is the best way in every situation. So, in layman's terms here’s what we're about in plain English. Our MERJ.COM platform is the result of extreme coffee consumption and frequent late nights. So, these Terms and Conditions (“Terms”), alongside our Privacy Policy, are the Agreement between MERJ.COM and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“MERJ.COM” or “We”) and you (“You” or the “User”). Our Terms outline your use of the MERJ.COM web site (the “Site”), the MERJ.COM web application and/or MERJ.COM services (collectively, the “Service”). By using us, you have acknowledged and agreed to these Terms, so we advise you read them carefully.

MERJ.COM reserves the right to update these Terms from as required, without notice and any amendment will become part of these Terms from the date of amendment. To remain up to date with our Terms, please ensure you read them regularly. If you do not agree to our Terms or our Privacy Policy, please refrain from using our Service. Additionally, if You have any questions about them, please contact MERJ.COM at support@merj.com.

Service Communication

You understand and agree that MERJ.COM may send You correspondence in relation to your account and/or the Service. Hey, we just need to keep you updated!

Accounts, Passwords, Security

You must be a registered User to access the Service. Your password is set by yourself and You are responsible for keeping it secure, please don’t give it out to others. With this in mind, You are responsible and hold liability for all activity that occurs under Your user name, in Your account. You also agree not to access, or attempt to access, another User’s account(s) and/or data. We don’t want important data falling into the wrong hands.

User Conduct

You as a User are responsible for Your own data and for Your own use of the Service. You acknowledge and agree that the Service must only be used for lawful purposes. You are strictly prohibited to store, transmit, distribute or create any material that violates any applicable laws or regulations. This is including, (but not limited to) intellectual property, copyright, trademarks; confidential data or any other information without the express permission of the owner; and/or obscene, defamatory, threatening, illegal or anything in violation of export control law. Controversial use of the Service is a violation of these Terms and may result in MERJ.COM terminating Your account. You may also be subject criminal and/or civil liability. Please respect our rules and stick to them.

Deleting/Removing Actions

Through out the website we provide options to "delete", "destroy", "clear" or "remove" data or similar related actions. They are red buttons so they are clear. If a user chooses to click one of these buttons, the user will be prompted for confirmation (we know people sometimes press buttons they don't mean to). If the user accepts the confirmation "Yes" or "OK", all of the associated data within the object will be permanently deleted and cannot be retrieved. This is for the user's peace of mind that if they want to remove some data, it really will be removed. We do keep some interim backups of data but this is only available for side wide issues such as hardware failure and corrupt data. See Backing Up for more details.

Backing Up

We will securely backup our database and file system on a regular basis. We will only perform a restoration from a backup in the event of a hardware failure or data that has been corrupted and no longer retrievable. We will not perform restorations of projects for users in the event that they delete their projects or data. We keep a maximum of 30 backups which are archived. When a new backup is created, the eldest backup from the 10 is then deleted. Within 30 cycles.

Data We Keep

If a user decides to cancel their account, we will keep data any billing information associated with the account so that can process our own account information.

DISCLAIMER OF WARRANTIES

REMEMBER OUR IDEAS ABOUT TRANSPARENCY? UNLIKE MOST DISCLAIMERS, WE THOUGHT WE’D PUBLISH THIS IN UPPERCASE. USERS OF MERJ.COM USE THE SERVICE AT THEIR OWN RISK. MERJ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. WE ENDEAVOUR TO KEEP THE SERVICE BUG-FREE AND SECURE, BUT MERJ.COM CANNOT ENSURE CONTINUOUS, ERROR-FREE, VIRUS-FREE, SECURE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO MAKE ANY CLAIM BASED ON CENTRAL VENTURE’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. TO REITERATE, YOU USE THE SERVICE AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND THUS, THE FOREGOING DISCLAIMERS MAY NOT BE APPLICABLE. IF YOU LIVE IN A JURISDICTION THAT REFUSES ENFORCEABILITY OF THE FOREGOING DISCLAIMERS, MERJ.COM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

MERJ.COM HOLDS NO LIABILITY TO THE USER OR ANY THIRD PARTIES FOR DAMAGES, INCLUDING (BUT NOT LIMITED TO) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USERS UNDERSTAND AND AGREE THAT MERJ.COM REQUIRES VOLUNTARY ENGAGEMENT IN INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR MACHINE OR DATA THAT RESULTS FROM SUCH ACTIVITY. UNDER NO CIRCUMSTANCES WILL MERJ.COM HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORISED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

IF THE USER RESIDES IN A JURISDICTION THAT DOES NOT RECOGNISE THE ENFORCEABILITY OF THE FOREGOING PROVISION, MERJ.COM’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT OUTLINED BY THE LAW OF THAT LOCAL JURISDICTION.