M-Link Terms and Conditions (T&C)
These Terms and Conditions (“T&C”) sets forth the terms and conditions governing the “Merchant’s” (Merchant) use and subscription to the “M-Link’s” Mobile Platform (“System”). No representation, warranty, term or condition, and no statements or agreements by an employee or agent of M-Link, other than as specifically set forth in this Agreement, shall be binding on M-Link. M-Link shall have the right at any time to add to, modify or delete any aspect, feature or requirement of the Service, including but not limited to the system requirements. Any equipment provided/sold by M-Link to Merchant is deemed “M-Link Equipment.”
2.- GRANT OF LICENSE
As long as Merchant are in compliance with these “T&C”’s, M-Link hereby grants Merchant a limited, non-exclusive, non-transferable, revocable, non-sub-license able right and license to access and use the Services, solely in accordance with these terms and conditions. Unless explicitly stated otherwise, any new features provided by M-Link that augment the current Services shall also constitute "Services" and shall be subject to these terms and conditions. You may not, allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by M-Link.
3.- M-Link Core Responsibilities
1. M-Link provides various features and function through the “system” enabling effective mobile engagement between a Merchant and their Customer. These features and functions are provide at M-Links sole discretion and may be modified, enhancements or deletions at its’ sole discretion.
2. M-Link shall be responsible for providing, supporting and maintaining the “system” on the Apple and Google OS platforms for users and on Android for the Merchant App including, but not limited to, correction of errors and bugs and providing updates and enhancements.
3. Except as otherwise legally required, Merchant is entitled to a prorated credit upon request only in the event of a complete failure of the System due to technical malfunction of the “System” for eight (8) or more hours or more based on a monthly rate of $20.00 per Merchant location listing. To qualify for an adjustment, Merchant must request a credit within thirty days of the failure. Merchant acknowledges that M-Link may have downtime of up to twelve hours per month for maintenance of the services provided with the “System”.
4. M-Link will not collect any payments on behalf of the Merchant.
4.- Merchant Core Responsibilities
As a M-Link Merchant you agree to participate in the use of the “system” and shall have the following responsibilities while licensed to use the “system”:
1. Process Customer orders received on the “system” using the Android M-Link Merchant APP.
2. Procure an Android device to interact with the system and is the sole responsibility of the Merchant.
3. Update Merchant’s information as required and notify “M-Link” of any changes to the Merchant’s content on the system.
4. Process all Customer payments for orders received on the “system”.
5. Notify customers of any changes or modifications to their orders.
6. Perform all updates required to “the platform” upon notification from “M-Link”.
7. Actively promote the use of the “M-Link” platform in their websites, social media and any other promotional medium employed.
8. Merchant assumes all risks with respect to materials and content, or otherwise made available, with the use of the System.
9. Merchant agrees to comply with all applicable laws in the use of the System.
10. Merchant shall gain, in advance, permission to use the M-Link Logos and Trademarks (“Marks”) for all materials. M-Link in its’ sole discretion shall approve or refuse use of these “Marks”.
5.-TRIAL OR PROMOTIONAL OFFERS
From time to time M-Link or its’ representatives may offer promotional offers. M-Link may provide the services of the system at no charge or at a discounted rate. Any promotional or trial period offer may not be combined with any other.
For the Services provided Merchant agrees to pay M-Link a transaction or subscription fee based on the current pricing for replenishment of the account or other subscription-based services.
1. Should the Merchant account balance reach an amount less than the per order charge, the system will deactivate, and the Merchant’s Customer will be prevented from accessing the ordering system.
2. M-Link shall have the right to increase the subscription rate by 4.5% or by the cost of living index per year whichever is the greater.
3. M-Link agrees to provide Merchant with 60 days’ notice prior to any increase in fees, such increases may only be applied within 60 days of the end of a term.
7.- DISCLAIMER OF WARRANTY.
MERCHANT AGREES THAT THE SYSTEM AND THE SERVICES PROVIDED THROUGH USE OF THE SYSTEM ARE, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
8.- LIMITATION OF LIABILITY.
EXCEPT FOR THE REFUND OR CREDIT EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL M-LINK OR ANY OF ITS AGENTS, SUBCONTRACTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE BREACH OF ANY WARRANTY.
Merchant agrees to defend, indemnify and hold harmless M-Link and its affiliates, and its and their officers, directors, employees, subcontractors and agents, from and against any and all claims and expenses, including reasonable attorney’s fees, arising out of or related in any way to (i) the use of the System by Merchant or otherwise arising out of the use of Merchant’s account or any equipment or facilities in connection therewith or (ii) any breach of this Agreement by Merchant.
10.- Limitation on Lawsuits
Waiver of Jury Trial. Both M-Link and Merchant agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred.
11.- Force Majeure
M-Link shall have no liability for failure of the System due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather