Thank you for selecting the services offered by Marg ERP limited and/or its subsidiaries and affiliates (referred to as "Marg", "We", "Our", or "Us"). Review these terms of service ("Agreement") thoroughly. This agreement is a legal agreement between you and Marg. On accepting it electronically (for example, clicking “I agree”), installing, accessing or using the services or products, you agree to these terms. If you do not agree to this agreement, then you may not use the services.
Marg, Marg Logo, the names of the individual services and their logos are trademarks of Marg ERP Limited. You are not entitled to display or use, the Marg trademarks without Marg’s prior written permission. Doing so would constitute infringement.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), which is uploaded, posted or stored through your use of the services. You grant Marg a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the services. You agree not to use the services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your content regularly and frequently. While using the services, you are responsible for any content that may be lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store, or in any way distribute financial data that is not in accordance with the law.
Users who are suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.
You agree not to store, upload, transmit virus, Trojan horse, worm or other disruptive or harmful software or data and any information, software or content which is not legally yours and may be protected by copyright or other proprietary rights, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Parts of this Agreement
This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail.
Marg is in the business of providing inventory, accounting software, ERP Products and solutions for various industries.
Disclaimer of Warranties
All the users using Marg must agree that the use of the product is at their sole risk.
Marg explicitly disclaims that all warranties of any kind whether expressed or understood, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Services and all accompanying documentation are provided on an “as is” And “as available” Basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Marg gives no assurance or warranty that the services will be uninterrupted, timely, secure, or error-free. For instance, for any material downloaded or obtained through the use of the product/ services will be your own judgment and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. Marg will give no advice or information, whether written or oral, obtained by you, Marg employees or representatives shall create any warranty not explicitly stated in the terms.
Marg, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of India and for the avoidance of doubt Marg does not exclude or limit liability for:
Limitation of Liability
In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the Marg products and services.
In any circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your Marg account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.
Without constraining anything to the contrary, the disclaiming entities’ cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the fees paid by you to Marg for procuring a license. This limitation of liability section applies irrespective of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis.
The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction.
Marg Services and products are controlled and operated from facilities in India. Except where expressly stated otherwise, Marg makes no representations that the Payment Gateway Services are appropriate or available for use in other locations. Those who access or use the Marg products and services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Marg products and services from, or on behalf of persons or entities in a country embargoed by India.
Right to Amend
The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Marg products and services with or without notice that we in our sole discretion deem to be reasonable in the circumstances. Any use of the Payment Gateway Services or software after our notification through email address of any such changes will constitute your acceptance of this Agreement as modified.
Right to Amend
Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of Marg assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without Marg’s express written consent will be null and void.
This agreement binds you and your respective representatives and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
You agree for any damages and will hold Marg harmless, its officers, employees, suppliers and affiliates from any kind of losses, damages, fines and expenses arising out of or related to any services you have used in violation of another party’s right, in violation of any law, in violation of any provisions of the terms.
Suspension and termination
The company has the rights to suspend any user account or temporarily disable access to whole or part of any service in case of any suspected illegal activity, breach of usage terms, extended periods of inactivity or requests by law enforcement or other government agencies.
Disputes: Choice of law, jurisdiction, and venue
You agree that any disputes arising out of or relating to this agreement or the Marg products and services will be resolved through arbitration and conciliation laws or litigation law, rules and regulation (as up to date and amended) governed by the Indian laws and constitution as applicable. The place of jurisdiction will be New Delhi.
This agreement is governed by the Indian laws without regard to its choice of law provisions.
Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.
No party will be liable for any kind of delays in processing or other nonperformance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labor conflicts, violence, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.
Termination and Other Legal Terms
Marg reserves the right to terminate users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of clauses. You might also terminate the agreement in writing by intimation prior 7 days of termination.
It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of Marg (“Taxes”). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.
We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide Marg Product and services.
Your Data Security Obligations
You are fully responsible for the security of data on your site, through your app/product, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, card, or transaction information (defined as “user data”) on your site/computer/device or through your app. While payment gateway helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business.