Terms and Conditions
A. Definitions
An "Account" represents your legal relationship with Merci Marketplace.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Merci Marketplace Privacy Statement, available at https://caasy.io/privacy-policy) and procedures that we may publish from time to time on the Website.
“Merci Marketplace”, “We”, "The Platform", and “Us” refer to Merci Marketplace, a Mosaic S.A.R.L. brand (mosaic.mc), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The “Service” refers to the applications, software, products, and services provided by Merci Marketplace, including any Beta Previews.
“Site” means a website for which the content is managed using the Service.
“Site Owner” means the User that is the creator and/or owner of a Site for which the Service is employed. Ownership of a Site may be transferred between Users.
The “User”, “You”, and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 16 years of age.
The “Website” refers to Merci Marketplace’s website located at https://mercimarketplace.mc, and all content, services, and products provided by Merci Marketplace at or through the Website. Occasionally, websites owned by Merci Marketplace may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
B. Account Terms
1. Account Controls
Subject to these Terms, you retain ultimate administrative control over your Account.
2. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account or a paid additional service, in which case additional information will be necessary for billing purposes.
3. Account Requirements
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
One person or legal entity may maintain no more than one free Account.
You must be age 16 or older, and at least old enough to be able to be entering into legally binding contracts and business transactions. Merci Marketplace does not target our Service to children under 16, and we do not permit any Users under 16 on our Service. If we learn of any User under the age of 16, we will terminate that User’s Account immediately. If you are a resident of a country within or outside the EU where your country’s minimum age is above 16; you are responsible for complying with your country’s laws.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
4. Account Security
You are responsible for keeping your Account secure while you use our Service and the content of your Account and its security are up to you.
You are responsible for all activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
You are responsible for maintaining the security of your Account and password. Merci Marketplace cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Merci Marketplace if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
C. Acceptable Use
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. Moreover, you must not post or maintain immoral content that consists of or promotes, for example, pornography, violence or firearms, illegal drugs, or any other similar categories of content.
Merci Marketplace may, at its sole discretion, remove any type of content (regardless of if it is prohibited by this Agreement) with or without prior notification or justification. Any non-removal or delayed removal by Merci Marketplace of content posted on a Site using the Services, does not constitute a waiver of this Agreement.
You agree that you will not under any circumstances violate our Acceptable Use Policies.
D. Intellectual Property Notice
1. Merci Marketplace Rights to Content
Merci Marketplace and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service, as well as the Merci Marketplace brand, name and logo, are copyright © Mosaic S.A.R.L. (mosaic.mc). All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Merci Marketplace.
E. Personal Data
You agree that you will treat the personal data of the users you are in contact with, or personal data included in your content, with care and in compliance with the General Data Protection Regulation 2016/679 (“GDPR”). Merci Marketplace does not, under any circumstances, take on the role as a data processor (as defined in the GDPR), unless explicitly agreed in writing in separate agreement.
When publishing content with Merci Marketplace, such content becomes immediately publicly available on the internet. You as a User further agree that you are not allowed to publish, process or maintain content in a way that is jeopardizing the confidentiality of other persons’ personal data without a justified legal ground, by making such personal data publicly available via Merci Marketplace’s Services, in free text or in any other readable or non-pseudonymized form in your published content.
You as a User have the sole responsibility for all personal data included in the content you published through Merci Marketplace. It is your sole responsibility that the content stored on Merci Marketplace is free from personal data to the extent that your handling of such personal data is not permitted under or non-compliant with the GDPR.
F. Payment
1. Pricing
If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Changes
We will immediately bill you when you upgrade from the free plan to any paying plan or when you make one-time payment for an additional paid-service.
3. Billing Schedule; No Refunds
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or downgrade refunds with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Merci Marketplace.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Merci Marketplace any charge incurred in connection with your use of the Service. If you dispute the matter, contact Merci Marketplace Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
G. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your Account with Merci Marketplace. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 30 days of cancellation or termination.
3. Merci Marketplace May Terminate
Merci Marketplace has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Merci Marketplace reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
H. Communications with Merci Marketplace
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Merci Marketplace Must Be in Writing
Communications made through email or Merci Marketplace Support's messaging system will not constitute legal notice to Merci Marketplace or any of its officers, employees, agents or representatives in any situation where notice to Merci Marketplace is required by contract or any law or regulation. Legal notice to Merci Marketplace must be in writing and served on Merci Marketplace's legal agent.
3. No Phone Support
Merci Marketplace only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
I. Disclaimer of Warranties
Merci Marketplace provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Merci Marketplace does not warrant that the Service will meet your requirements or that they are compatible with your operating system; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses, other harmful components or that any Merci Marketplace scripts will not cause your servers or website to crash. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, scripts, information, content or other material obtained from the Service.
J. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
K. Release and Indemnification
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Caasy (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Caasy of all liability); and (3) provides to you all reasonable assistance, at your expense.
Merci Marketplace is not responsible or liable for any deals made between a seller and a buyer on the platform. The platform, Merci Marketplace, is merely a medium to connect sellers and buyers, and any transactions made on the platform are solely between the parties involved. Merci Marketplace does not endorse or guarantee any products or services offered on the platform and all users are advised to exercise caution and conduct their own due diligence before making any purchases or sales. Merci Marketplace does not warrant that the platform will be free from errors or interruptions, or that any content or information posted on Merci Marketplace will be accurate, complete, or up-to-date. By using the platform, all users agree to release us from any and all claims, damages, or liabilities arising from or related to any deals made on the platform.
L. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service, and the Privacy Policy, at any time and will update these Terms of Service and Privacy Policy, respectively, in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. It is your responsibility to check this page periodically for changes. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
M. Miscellaneous
1. Governing Law
Except for to the extent otherwise determined by applicable law, this Agreement between you and Merci Marketplace, and any access to, or use of, the Website or the Service, are governed by the laws of Monaco, without regard to conflict of law provisions. You and Merci Marketplace agree to submit to the exclusive jurisdiction and venue of the courts located in Monaco.
2. Non-Assignability
Merci Marketplace may assign or delegate these Terms of Service and/or the Merci Marketplace Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Merci Marketplace to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Merci Marketplace or by the posting by Merci Marketplace of a revised version in accordance with Section L. Changes to these Terms. These Terms of Service, together with the Merci Marketplace Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Merci Marketplace relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
6. Questions
Questions about the Terms of Service? Contact us.