a) These terms and conditions apply to your use of [www.merash.net] (the “Website”). These terms apply whether you are accessing this Website through a computer system, via a mobile device.
b) These Terms set out the relationship between Merash and you and regarding the terms that are provided by Merash on the Website, the terms on which (“Products”), singles and courses are sold via the Website and general terms applicable to your use of the Website and purchase of Products. You may not use this Website, and you may not proceed to purchase a Product on this Website, if you do not agree to these Terms.
(c) These Terms are effective from January 1st 2023, Merash may change these Terms at any time by posting an updated version of the Terms on this Website. Merash Academy encourages you to check this Website regularly for any amendments to the Terms and to read the Terms each time you purchase a Product on this Website. Your continued use of this Website will constitute your express consent to these Terms.
(d) Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
(e) Merash Academy management has the right to issue new rules and regulations without referring back to the trainers. The trainers have a right to be updated by any new rules issued.
(a) You will need to register with Merash to purchase products, singles and/or courses using the Website. You may register an account with this Website or purchase Products only if your membership has not previously been withdrawn or suspended by Merash.
(b) You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform Merash immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
(c) By entering the information, you warrant that the details you provide to Merash are correct and complete and you agree that you will inform Merash immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Website.
(d) You will be responsible for paying the price of the products you purchase (including any tax on the purchase price and any import/export duties) and delivery costs.
(e) Merash reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at Merash’s discretion. If Merash cancels an order, it will be without charge to you.
(a) Merash is not the manufacturer of the Products and services sold via the Website. Merash will do its best to ensure that information provided on the Website is accurate, but it does not warrant that it is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the product or service. Please let Merash know of any errors that you find.
(b) Merash has made every effort to display the colors, specifications and dimensions of Products on the Website as accurately as possible. The colors you see will depend on the resolution of your monitor; Merash cannot guarantee that your monitor’s display of any color will reflect accurately the color of the Product delivered. Merash may from time to time vary the dimensions, specifications and quantities of Products displayed on the Website without prior notice.
ORDERS AND PAYMENT
(a) When you place an order for products, Merash collects certain personal and transactional information (e.g., name, address, email address).
(b) You may pay for the Products which you order online by supplying your credit/debit card details on the secure online order form. Merash regrets that it cannot accept cash, cheques, paper gift vouchers or similar modes of payment on Website.
(c) When you place your order, Merash’s system automatically asks your card issuer for authorization for the transaction amount. If Merash gets a valid authorization, your card issuer will hold this value expecting a charge from Merash. Receipt of your credit card details and debit of payments does not constitute Merash’s acceptance of your order.
(d) Some products are on pre-order. To pre-order these products simply add to bag and proceed with checkout. The release date is the scheduled date on which the product is available in our stores. This date is provided by our suppliers and is subject to change without notice. Once you place the pre-order, your card will be charged and your product will be reserved as soon as we receive the stock, on or after the release date. You will receive an order confirmation by email right after you finish your transaction. As soon as your product is in your chosen collection store, you will receive a notification by email or SMS.
(e) Merash accepts orders for Products subject to availability. If for any reason the Products you ordered are no longer available, Merash will contact you using your contact details within 48 hours to:
i. Provide you an alternative Product of equivalent quality and price if this is possible; or
ii. cancel the Product from your order
If Merash is unable to contact you or do not receive a response from you within 48 hours, Merash will process any remaining Products on your order and will not refund you for the Products Merash was unable to supply.
(f) Products are invoiced in USD at the price prevailing at the time you place your order. Although Merash tries to ensure that all prices on the Website are accurate, errors may occur. If Merash discovers an error in the price of Products you have ordered, Merash will contact you as soon as possible. You will have the option of either confirming your order at the correct price or cancelling it. If Merash is unable to contact you, Merash will treat your order in respect of the incorrectly priced Product as cancelled.
(g) If you order products, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit or debit card refuses to authorize payment, Merash will cancel your order and contact you for an alternative method of payment. Merash cannot be held responsible if this results in a delay in dispatching your order.
(h) It is your responsibility to keep track of the status of your order.
(i) Please note that Merash cannot guarantee the security of data that you send to Merash by email. Accordingly, please do not send Merash payment information using email.
(j) Unless Merash acts either fraudulently or negligently, Merash will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to Merash when placing an order.
(k) Merash holds the right to cancel any order fully or partially in case the order contains more than 2 pieces of the same item.
If you are under 18, you acknowledge and warrant that you have permission from your parent or guardian to use this Website and purchase any Products.
SINGLES AND COURSES
- Whenever the customer purchases a single, there will be no refunds nor cancellations due to the transaction occurring instantly.
- When signing up for a course, the customer is given 48 hours to cancel before a bank transaction is occurred. However, if a customer cancels after the 48 hours, there will be no refunds.
- If a customer signs up during the final 24 hours for a course, Merash holds no responsibility over any cancellations and there will be no refunds.
- All payments must be paid fully before attending a course.
(a) Deliveries are made on business days and will be undertaken by a third party appointed by Merash for and on behalf of Merash. Merash makes every effort to dispatch Products on time. If the ordered Products are not delivered within the time period Merash specified in the confirmation email, please contact Merash’s Customer Services quoting the order reference contained in your order confirmation email.
(b) Delivery occurs when the ordered products are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of Products purchased passes to you when payment is received by Merash in full. You will be asked to sign for acceptance of the Products which will note that the Products are correct and have been received in good condition.
(c) If you are not at the delivery address, Merash will assume that any adults that are present at the delivery address are authorized by you to take delivery of the Products that you have ordered. If above criteria are not met or if there is no one at the delivery address, Merash will not leave the Products at the delivery address. Merash will contact you to arrange an alternative delivery time.
(d) Please note that the delivery people will only deliver the Products to your front door.
(e) If you are using foreign credit or debit cards, you should be aware that in some cases the banks may charge you for international transactions. Merash is not responsible for any charges levied by banks. If you are using foreign credit or debit cards, you should also note that the amount charged to your credit or debit card will be the value of the product displayed in USD which is converted into the currency of your credit card or debit card at the prevailing conversion rate by the banks.
USE OF THE WEBSITE
(a) Merash tries to keep all information on this website up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Website at your own risk. If you find any incorrect information, you can notify Merash by calling or emailing Merash’s contact center.
(b) You must not conduct or promote any illegal activities while using this Website. This includes any activities that (in Merash’s opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.
(c) You must not use this website to generate unsolicited emails, spam or promotional materials to other users.
(d) You must not do anything to cause damage to this website or other users of the website, including any technical damage to the other computers.
(e) You must not send any viruses or other material designed to adversely affect the operation of the Website, affect any other users of the website or affect any equipment or any data in the website.
(f) You must not attempt to gain access to the Website or the system that runs the Website. You must not interfere with the security of the Website, its services, system resources or network.
(g) You must not use the website in any manner that could damage, overburden or impair the website nor harvest or otherwise collect any information about the uses.
(h) You must not link to the website without seeking Merash’s prior written consent. You must not frame the website on another website without seeking Merash’s prior written consent.
(i) You must not charge third parties for accessing the content of the website, nor can you in any way commercialize its content.
(j) You must not change, edit, add to or produce summaries of its content anywhere else.
(k) You must not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Website including the feedback area, discussion forum or through any e-mail feature of the Website intended to bypass use of the Website.
(l) It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder.
(m) Any party engaged in illegal activities involving the use of this Website may be subject to prosecution. Merash does not guarantee that Merash will be able to prevent any illegal or inappropriate use of this Website, or will give notice of any illegal or inappropriate use of this Website.
(a) Merash will not be responsible for any losses you suffer as a direct result of Merash breaching these Terms even if those losses were reasonably foreseeable to both you and Merash at the time the contract for the sale of Products by Merash to you was formed (which is formed at the time that Merash sends the confirmation email to you). Merash will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from Merash’s actions or the actions of Merash’s sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and Merash when the contract was formed.
(b) Without limiting the generality of the above, you acknowledge and agree that, to the extent permitted by law, neither Merash, nor Merash’s suppliers nor any of Merash’s employees, agents or contractors will be liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by any person:
i. any material, including any statements made by any other user of the Website or any other person;
ii. In relation to the failure of any material (including any order for a product) to be received on the Website on account of technical problems or traffic congestion;
iii. Arising from or related to any problem or technical malfunction of any network or lines or mobile communications network related to or resulting from participation in this Website;
iv. arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to entrant’s or any other person’s computer software related to or resulting from participation in this Website; or
v. as a result of the communication of the Website to the public, the exploitation of the Website or any promotional activities relating to the Website.
(c) Merash’s liability to you under these Terms will not exceed the total price charged for the Products purchased. Nothing in these Terms excludes Merash’s liability to you for personal injury or death caused by Merash’s negligence.
(d) Merash will not be responsible to you for any delay or failure to comply with Merash’s obligations under these Terms if the delay or failure arises from any cause beyond Merash’s reasonable control.
(a) If you are dissatisfied with the Website or any content or materials on it, your only remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Website and its services as a result of your negligent act or omission would result in irreparable injury to Merash and Merash will treat any such unauthorized use as subject to these Terms.
(b) Merash take reasonable precautions to ensure the Website is safe to use, but Merash do not warrant that this Website is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. Merash is not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or of Merash’s services. This includes anything that happens when you download material or use a link on this Website.
(c) While Merash takes reasonable measures to ensure the constant availability of the Website, Merash do not warrant that this Website will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, mobile connectivity and the operation of mobile applications, outages may occur. Merash may need to restrict or suspend access to this Website from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
(d) Merash does not endorse any third party supplier or User Content on this Website. Merash does not accept liability for any content posted on this Website by any third party or for the conduct of any third party. Although Merash tries hard to enforce the terms relating to content, you may be exposed through the use of this Website to content or conduct that is in breach of Merash’s rules as described in these Terms or may otherwise be offensive. You use this Website at your own risk in relation to such content.
(e) It is your responsibility to have suitable browser or third party software to view and transact on this Website. Merash does not accept any responsibility for any loss of functionality that is dependent on the technology that you use.
LINKS TO THIRD PARTY SITES
(a) This Website may contain links to other websites. Merash make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Merash does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
(b) If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Merash does not endorse and are not responsible for the use of, or the content of, any third party websites. Merash is not responsible for anything that may happen when you use them.
SUSPENDING AND TERMINATING YOUR ACCOUNT
(a) Without affecting any other rights and remedies Merash may have, Merash may suspend or terminate your account and use of this Website if:
i. You breach these Terms or the terms of any of Merash’s policies.
ii. Merash suspect on reasonable grounds that you might commit a breach of these Terms.
iii. You engage in any activity that is against the law.
iv. You do anything that adversely affects Merash’s business or reputation.
v. Merash considers that you are disrupting, disturbing or interrupting the operation of this Website in any way.
vi. Merash considers that you are a fraud risk, are using multiple accounts, using proxy internet protocol addresses to hide the use of multiple accounts.
vii. Merash considers it is necessary, for any reason, to protect Merash or the users of the Website.
(b) You can deregister your account and stop using this Website at any time. Merash will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If Merash elects at Merash’s discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and Merash will have no liability or responsibility for this.
(c) Without prejudice to any other of Merash’s rights and remedies under these Terms or at law, Merash may choose to take other technical and/or legal steps against any person who create problems or possible legal liabilities of any kind, who infringe act inconsistently with these Terms, Merash’s policies or any relevant law.
REPRESENTATIONS AND WARRANTIES
(a) You undertake, represent and warrant that:
i. if you are a corporate representative, you have authority to bind the corporate entity; and
ii. you will comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website and the ordering of Products.
(a) To fulfill Merash’s obligations to you under these Terms, Merash may if wishes communicate with you by email and by posting notices on the Website. You agree to receive communications from Merash electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
(b) Merash may also send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating the relevant setting for your account or by calling or emailing Merash’s contact center or by following the link (if any) at the end of any promotional email to unsubscribe.
INTELLECTUAL PROPERTY RIGHTS
(a) The Website content is protected by copyright, trade mark and other intellectual property rights. Merash, or Merash’s licensors (as appropriate), retain all rights in such content. You are only permitted to access and use this Website for personal purposes. You may not use the Website or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website.
(b) Merash and Merash Academy as well as the Merash and Merash Academy Logos are trademarks of MERASH.
(c) Merash is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
RELATIONSHIP AND NOTICE
(a) None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Merash and you will have no authority to bind Merash in any manner whatsoever.
(b) Except as explicitly stated otherwise, any notices to Merash from you will be via email at Info@merash.net with a physical copy sent to Merash by mail or courier, such notice deemed given on confirmation of its receipt to you by Merash by return email. Any notices to you from Merash will be given by notices posted on the Website or by email to the email address you provide to Merash during the registration process and will be deemed to be received by you 48 hours after any such email is sent. Alternatively, Merash may give you notice by mail or prepaid shipping to the address provided to Merash during the registration process. In such case, notice will be deemed given 7 days after the date of mailing.
(c) If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms.
(d) These Terms (as amended from time to time in accordance with its terms) sets out the entire understanding and agreement between you and Merash with respect to the use of the Website.
(e) Any failure by Merash to enforce any terms set out in these Terms or other policies with you is not a waiver of Merash’s rights to enforce those terms.