Terms of service
Terms and Conditions
§ This website is operated by MerchX, by Emazing Deals Ltd which is located at Mumbai India (“we”/ “us”). These Terms and Conditions (“T&C”) are for visitors who visit and users who utilize this website and those who create an account with us (collectively referred to as “Visitors” / “Users”/ “You”).
§ All Visitors’ use of this website and services and tools are governed by these T&C including the applicable policies which are incorporated herein by way of reference. When a Visitor visits or transacts on this website, the Visitor shall be subject to the policies that are applicable to the Website for such visits and transactions. By making visiting or transacting on this website, the Visitor enters into a binding legal agreement with us on the terms and conditions as included in the T&C and other policies of this website.
§ We reserve all rights to change, modify, delete, add or remove all or part of these terms and conditions without any prior notice. Users are advised to review the terms and conditions from time to time for any updates, modifications or changes made. Any continued use of the website thereafter by a Visitor constitutes the said Visitor’s agreement to all such changed T&C.
§ All material on the Website including logo, brand name, tags, images, audio clips, video clips, illustrations are protected by trademarks, copyrights and other intellectual property rights. We are the owner of all the rights, interest and title, including but not limited to the intellectual property rights, trade secrets, know how, confidential information, etc in relation to this website, the contents of this website, the products displayed on this website and all other rights related to this website. The trademarks associated with us, including but not limited to the name, logo and other identification marks, are our exclusive property and no third party is authorised to make any use of the same without the written permission from us. The material on this Website is solely for your personal use and not for commercial use. Any infringement of the said intellectual property rights will be prosecuted according to the appropriate laws in India for the time being in force.
§ Subject to the covenants, obligations, and understandings herein, we hereby provides the Visitor with a limited, non-exclusive non-transferable license to access and use this website. The Visitor may display the website on their internet browser exclusively for the purposes of browsing and / or purchasing the products listed on this website. The Visitor shall not, under any circumstances, use this website for any commercial use or for any use on behalf of any third party, except as explicitly permitted by us in in advance in writing. If a Visitor uses this website for any purpose other than the purpose provided for in here then we shall immediately revoke the license granted to the Visitor in this paragraph without any notice to the Visitor.
§ This website is presented on an “as is” basis. While we have taken all reasonable steps to ensure that the product descriptions and details are accurate and updated timely. To the extent permittable, we do not warrant that the product descriptions, details, information or other any other content available on this website would be completely error free and absolutely accurate, comprehensive, reliable or current. We make no express or implied representations or warranties of any kind whatsoever in connection with these T&C or this website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludeable.
§ Unless otherwise mentioned the products and services displayed on the Website is solely for the purpose of sale in India. The Website makes no express or implied representation of supply or sales outside the territory and jurisdiction of India.
§ The Visitor agrees to abide by all terms, conditions, obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website.
§ The Visitor hereby agrees to pay all costs, charges, expenses, duties and all applicable taxes for all the purchases made from us
§ The Visitor warrants and represents that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated as soon as possible. The Visitor warrants and represents that they are fully capable and legally permitted to enter into agreements enforceable inter alia in India. The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith. No Visitor shall make any change or alteration to this website or to any content or product or services that may appear herein and shall not impair the integrity or operation of this website in any way.
§ Without limiting the generality of any other provision of these Terms and Conditions. If a Visitor defaults negligently or willfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause us or our affiliates.
§ All Visitors shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
§ You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
§ You shall not engage in solicitation and advertisement of any other products or services.
§ No Visitor shall host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; transmits “junk mailing” or “chain letters” or unsolicited mass mailing or “spamming”; tries to gain unauthorised access or exceeds scope of authorised access to the Website or profile information, pictures, profiles, or tries to solicit personal data of other Users for commercial and other purposes; creates any liability to us or causes us to lose any part of the services of our Internet Service Provider ISP’s or our suppliers; provides any kind of information on illegal weapons, goods or activities and violating other User’s privacy and/or creating or facilitating computer viruses. We may cancel any order and /or block the a user from using the services and website permanently or until further notice, if the user indulges in any of the above listed scenarios.
§ All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling or otherwise exploiting this website or any part of the website including but not limited to its contents and the products herein, without our express written permission.
§ All Visitors agree that we will not be held liable or otherwise responsible, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (i) delays or interruptions to accessing this website (ii) interruption of business; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv) damages or losses incurred as a result of any interaction or dealing with any third party or off-website links on the website; (v) bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of the site, including by way of any hyperlink to or from third party websites (vi) any inaccuracies or omissions in content or (vii) events beyond our reasonable control.
§ To the extent permitted by law, we shall not be held liable or responsible for any sort of indirect damage – whether special, punitive, incidental, or consequential damages of any kind, including lost profit - related to the Visitors’ use of this website regardless of the form of action whether in contract, tort (including negligence) or otherwise.
§ The Visitors agree that they are solely responsible for any loss of data or damage to their mobile or other devices on which the user accessed the website due to downloading data from the website. Our liability is waived to the maximum extent permissible under law and if any, shall be equal to the amount of the value of product or services purchased by you.
§ All Visitors agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from any breach by the Visitor of these T&C. Additionally, all Visitors agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Visitor’s use of this website, or by any other person using the Visitor’s computer, of any intellectual property or other right of any person, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor to us in any mode of communication.
§ These T&C shall remain in effect and valid unless and until terminated by either us or the Visitor. Any Visitor can terminate these T&C at any time by discontinuing any further use of this website, provided that the Visitor deletes all materials downloaded or otherwise obtained from this website. Kindly note that any such termination shall not affect the Visitor’s obligation of completing the payment for any product purchased from us. Also, such termination would not affect the clauses of these T&C that by their very nature would survive the termination of these T&C such as the provisions dealing with intellectual property, user content, warranties and representations, clauses pertaining to indemnity, limitation of liability, etc. We may terminate these T&C as listed above in earlier clauses. In case we terminate these T&C with any Visitor, then the Visitor shall immediately comply with the termination notice, including, as applicable, by ceasing all use of this website.
§ The law of India will govern theses T&C and all disputes arising in respect hereof shall be exclusively referred to the jurisdiction of Courts at Bangalore. We shall have and retain the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
§ If provision of these T&C is held to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, then such unenforceability or invalidity of that provision(s) shall not render the remaining provisions of these T&C unenforceable or invalid as a whole and instead, the T&C shall be modified, to the extent possible, by treating the provision as of it was not a part of these T&C.
§ If there are any queries or concerns regarding these T&C, please get in touch with us at hello@themerchx.com
### Note on Indian IP Enforcement
While intellectual property (IP) enforcement actions are relatively rare for small-scale print-on-demand (POD) businesses in India, MerchX, by Emazing Deals Ltd, recognizes the importance of complying with all applicable Indian copyright, trademark, and content laws. Users are reminded that infringement — even when unintentional or AI-generated — may still lead to takedown notices, product removal, or legal action from rights holders. MerchX reserves the right to moderate content and respond to rights holders under applicable Indian law.
