The terms of use for our website and it’s content.
1. By using themerchantschoice.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of themerchantschoice.com. If you do not agree to be legally bound by all the following terms please do not access and/or use themerchantschoice.com.
2. The Merchant’s Choice may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by The Merchant’s Choice. Your continued use of themerchantschoice.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use themerchantschoice.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any themerchantschoice.com content except for your own personal, non-commercial use. Any other use of themerchantschoice.com content requires the prior written permission of The Merchant's Choice.
4. You agree to use themerchantschoice.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of themerchantschoice.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within themerchantschoice.com.
Disclaimers and Limitation of Liability
5. Themerchantschoice.com content, including the information, names, images, pictures, logos and icons regarding or relating to The Merchant's Choice, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6. Under no circumstances will The Merchant's Choice be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of themerchantschoice.com regardless of the form of action.
7. The Merchant's Choice does not warrant that functions contained in themerchantschoice.com content will be uninterrupted or error free, that defects will be corrected, or that themerchantschoice.com, or the server that makes it available, are free of viruses or bugs.
Intellectual Property
8. The names, images and logos identifying The Merchant’s Choice, or third parties, and their products and services are subject to copyright, design rights and trade marks of The Merchant’s Choice or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of The Merchant's Choice, or any other third party.
Contributions to themerchantschoice.com
9. Where you are invited to submit any contribution to themerchantschoice.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant The Merchant’s Choice a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in The Merchant's Choice Privacy Policy. If you do not want to grant to The Merchant’s Choice the rights set out above, please do not submit your contribution to themerchantschoice.com.
10. Further to paragraph 9, by submitting your contribution to themerchantschoice.com, you:
• 10.1. warrant that your contribution:
• 10.1.1. is your own original work and that you have the right to make it available to The Merchant's Choice for all the purposes specified above;
• 10.1.2. is not defamatory; and
• 10.1.3. does not infringe any law; and
• 10.2. indemnify The Merchant's Choice against all legal fees, damages and other expenses that may be incurred by The Merchant's Choice as a result of your breach of the above warranty; and
• 10.3. waive any moral rights in your contribution for the purposes of its submission to and publication on themerchantschoice.com and the purposes specified above.
General
11. If there is any conflict between these terms and specific terms appearing elsewhere on themerchantschoice.com (including local house rules) then the latter shall prevail.
12. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
13. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.