Please carefully read these Terms and Conditions (“Terms “) before using or accessing any product or services offered by Marn Tech
The Marn Terms of Service Agreement (“Agreement”) dictate the legal agreement between you; the person, organization, or individual persons acting on behalf of that person or organization (“you”, “your”, “User” or “Users”) and Marn Tech (“Marn”, “We” or “Us”), governing Marn Applications (“App” or “Apps”), the Marn website, any other services or products offered in any form (Software, Hardware or Service), or rights of use offered, collectively referred to as (“Services”).
The User hereby accepts and agrees to all of the Terms of the Agreement for access to, or use of, Marn Services (access and/or use subject to your agreed service package). If you do not agree to these Terms then you may not avail any of the Services offered by Marn.
By accessing or using the Services, downloading the App or ordering any of the Services, you are accepting and agreeing to the Terms and are legally binding yourself or the entity you represent to this Agreement. The Terms apply to all users of the Services, all users refers to but is not limited to sellers, buyers, or contributors of content or services.
Marn is at liberty to change or make amendments these Terms at any given time. Notification of the changes will be sent to you through email or through a message when you next use the Services. If you continue to avail the Services after changes to the Terms then your access and use of the Services will be in accordance to the latest Agreement.
We are also at liberty to change, add or remove, any features, functionalities or offered facilities, and resources, from the Services at any given time. You may be required to update, or install the latest version of the App or upgrade the hardware in order to avail any changes or additions in the Services.
These Terms in no way guarantee that the Services will always be available. Marn is also not bound by these Terms to provide support and maintenance for the Services, or to continue to offer them. We may altogether cease to provide all or some of the Services at any given time.
“Marn Account” an account created to access the Marn Services.
“Intellectual Property” refers to any and all copyright, trademark, service mark, patent, trade dress, mask work right, rights of publicity, goodwill, moral rights, trade secret rights, and other rights regarding intellectual property that currently exist or exist in the future.
“Content” refers to any text, images, graphics, photos, audio, video, information about locations and every other form of data used.
“User Content” refers to Content submitted by the User for the purpose of (but not limited to) marketing, offering and selling their products and services.
“User Data” refers to the Content submitted or uploaded by the User to or through Marn Services. These include but are not limited to reviews, comments, personal information, messages and information provided to your account for public and private use.
“Product List” a list of items, in correspondence with the type of business, the User offers, markets, sells and can be bought, through the Services or the use of the Services.
In order to access and avail Marn services you will need to create a Marn Account. For that you must be of legal age and have the necessary authority to accept these Terms in order to access and use the Services. You must also guarantee that the information provided (both personal and relating to your business) is accurate, up to date and complete, and you must update any changes, or amendments that may arise, in the information you previously provided.
If you open a Marn Account for another entity (such as a company/organization or another person), then you guarantee that you are the authorized representative of that entity and you carry the authority to bind that entity to this Agreement on their behalf.
Subscribing for a Marn Account means that you have authorized us to deduct payment for your subscription period in the beginning of that subscription. Marn will also continue to deduct payment for each period that follows the first subscription period, in the beginning of that particular subscription period.
The User agrees that Marn will charge all applicable due charges, through the form of payment chosen by the User at the time of subscribing to the Marn Account. Marn may use a third party vendor to act as a medium for business settlements, card transactions or any form of payment services. The User agrees to comply to the terms and conditions of the aforementioned third party for all related services.
The User also authorizes Marn and the third party vendor to share any information of the User that is that is required to complete the payment transactions (eg: personal information, credit card information and financial information).
For Users who would like to try out Marn Services, Marn offers a Free Trial of 15 days for a specified list of services. If the User opts to continue using the Services after the trial period ends, then the User must provide valid information for the chosen payment method, for the payment of any charges that can be applied to the subscription the User has opted for.
Marn is not responsible for any notification prior to the expiration of the free trial. Marn also reserves the right to change or terminate your free trial at any point in time, without notification. All charges and fees are exclusive of all taxes and the User agrees that Marn is not responsible for any claimed issues or penalty by any tax authority.
If you fail to comply to the Terms then Marn reserves the right to terminate your account, remove or change the content, or cancel your order of Services, at its sole discretion. Marn also reserves the right to terminate your account and remove all concerned data if your account has remained inactive for a period of 180 days consecutively.
Marn is at liberty to terminate or suspend all or some activities on your Marn Account without any prior notice or explanation for reasons including, violation of any of the Terms or policies. Upon termination of the Agreement the license to use the Services will end and the User has to immediately cease the use of any of the Services.
After termination, the User will be given 30 days from the termination date to extract their User Content and User Data. After this time slot, Marn is at liberty to delete the User Content and User with out any liability to the User or any third party.
For users who observe Marn policies, we provide a means to conduct business and transactions through buying, selling and marketing certain products. But Marn is in no way liable for the nature of transaction between buyer and seller, the authenticity, quality and safety of the products listed by the seller, or the reviews of said products.
Marn is also not responsible for the completion of any transaction between buyers and sellers. Marn will not conduct any investigation into the accuracy of the information provided by the Users or the Users themselves. All activities that occur under a Marn Account will be the sole responsibility of the User and the User must immediately notify in case of unauthorized use or if there is indication of any breach of security in their Marn Account. The User is also responsible for maintaining and securing the confidentiality of your account information and password.
The User agrees to abide by the laws of the country (or countries) that their business resides in regards to their activities using the Marn Account or the Services. The User agrees to refrain from activities that are, or can be considered illegal, misleading, fraudulent, or questionable, or using content that may be considered inappropriate or defamatory, or use the Services in a manner that is harmful to Marn systems, security or other Users. The User agrees to not violate any third party’s rights, cause an infringement of any third party’s intellectual property or misuse internal secrets of a third party, through their use of the Services.
The User also agrees to refrain from collecting information and data from our Services, systems or servers and the user agrees to refrain from attempts at capturing or deciphering any transmissions communicated to and from our servers. The User must not use information or data of another User to any third party for any reason or purpose (including commercial or marketing purposes) unless the other User has agreed to beforehand. The User is forbidden from using any automated methods or bots for logging into their Marn Account.
The User is at liberty to cancel their subscription of Marn Services at their will. You must be logged into your account in order to cancel your subscription and if your subscription is cancelled before the end of the term you have paid for then you may avail the Services till the end of that term, after which your subscription will not be renewed and your Marn Account will be cancelled. You will not be provided any refund of the subscription period you want to revoke (unless we have agreed to prior to the cancellation).
Upon the full cancellation of your account the following will take place:
Marn does not guarantee that any of the Services will always be available or that User will have uninterrupted, timely and secure access to the Services. The Services may be upgraded, changed, interrupted or discontinued at any time without prior notice.
Marn also does not guarantee that the Services will always be reliable and the quality of products, services or information obtained through the Services will be according to your expectations. Marn also does not guarantee that any error that may occur will be addressed and corrected.
The User is at liberty to scale up or down from their subscription package from their accounts. Your changes to your subscription will take place immediately, if you have scaled down then there will be no refunds on the unused balance of the lower subscription package. However, scaling down from a higher subscription package to a lower one may result in a loss of access to some extent and/or a loss of certain features which may lead to loss of content. Marn is not liable for any loss of content, access or features that may result from a change in the subscription package.
If you have scaled up then the balance already paid will be considered as part of the higher subscription package and Marn will immediately charge any remaining balance of the new subscription package from your preferred method of payment.
The User guarantees that they carry the authority to use the Content or grant permission of its use. The User assumes all responsibility for their content and for the risks involving the validity, authenticity, quality and reliability of the Content, or anyone’s opinion on its accuracy. For any content that makes the User personally identifiable, Marn will not take any liability. The User may not in any way imply or claim that Marn has in any way endorsed, supported or sponsored the Content.
It is not always possible for the Content to be removed once published. Marn will assume no responsibility for any Content posted or provided by you or any third party. For every item or service you offer in your business, you guarantee that the selling, procuring and marketing of said item or service has been done legally and the description provided is accurate. Your Product List may include textual descriptions, images and other form of graphics pertinent to the sale of that product.
Marn is also not responsible for the safety and confidentiality of the Content and is not liable to any damages or loss that may occur to the Content and User Data. Marn has no responsibility to provide you with a replica or backup of your Content or Data. Marn also has the authority to monitor, remove, edit or change any activity or Content and User Data, or use it for advertising purposes at their discretion without any prior notification.
Marn offers you security measures to prevent loss of data or unauthorized alteration or access of personal information. Marn, however, does not guarantee that breach of security, that occurs through the breaking of such measures, will not take place. The User acknowledges that they are providing their personal information and data at their own risk.
The User allows Marn to use or integrate Third Party Vendors to provide any service or product that may be deemed as a requirement for the provision of Our Services. The User agrees to abide by the Terms of Service of these third party vendors and the User agrees to not hold Marn responsible for any action taken by the third party vendor, even when that act may result in any kind of loss or damage, including but not limited to; personal injury, property damage (even to your residense) or loses to business matters, products or services.
You also give Marn the authority to share, exchange and control your data (both personal and business related) with these third party vendors in order to provide you with our Services. The information shared with third party vendors, upon the exchange will come under the Terms and Conditions and Privacy Policy of that third party that are separate from Marn’s Terms and Conditions and Privacy Policy.
The User acknowledges that the third party products and services integrated into the Services are not governed by Marn and this Agreement does not apply to third party services and products (unless specified otherwise).
The Marn Services may contain links to third party sites and advertisements and should you click on these links, Marn will not notify you that you have become subject to the terms and conditions and privacy policies of that third party and have left the jurisdiction of this Agreement. Such third party sites and advertisements do not come under the governance of Marn and are not the responsibility of Marn. Such content is displayed only as a convenience and is not reviewed, warranted, monitored, endorsed or represented by Marn. Such links are used at the Users own risk. The User is advised to review the Terms and Conditions and the Privacy Policies of such third party sites, applications and adverts, and make the appropriate investigation before proceeding with any agreement or transaction.
None of Marns Intellectual Property or registered trademarks may be used in any form, in association with other trademarks, products or services or in any manner that may create confusion in regards to Marn Services, products, legal rights or any other offerings or representations. The User agrees to acknowledge Marn’s ownership of its Intellectual Property rights that exist in Marn Services. The User agrees not to take action in any way that is inconsistent with, or challenges such ownership.
Marn lists under its Intellectual Property and registered trademarks, the following items: all Marn graphics including but not limited to: logos, buttons, icons, designs, page headers, scripts and service names, the Marn name, brand and title. Marn’s trademarks may not be used in any way or form, as part of domain names of any email addresses or websites. The User agrees to not publish or use Marn’s Intellectual Property, brand and any such material, that falls under the ownership of Marn, unless a written agreement has been made with Marn beforehand.
The User data and information, collected through the User’s use of the Services falls under the jurisdiction of a royalty-free license that the User agrees to grant Marn, for an unlimited period of time. This data includes User feedback and reviews regarding the Services. Under this license, Marn may use the User Data and information and may modify, or incorporate your feedback or comments, for commercial purposes and other use. Marn agrees to keep the User anonymous and to use User Data collectively with that of other Marn Users.
ALL OF THE CONTENT, MATERIAL, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) AND SERVICES OFFERED BY MARN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THIER USE IS AT THE SOLE RISK OF THE USER. MARN PROVIDES NO WARRANTY OF ANY KIND (EVEN IMPLIED) ON THE OPERATION OF THE SERVICES (BOTH HARDWARE AND SOFTWARE) OR THE DATA, INFORMATION, CONTENT, ANY OTHER FORM OF MATERIAL OR PRODUCTS (INCLUDING SOFTWARE AND HARDWARE) AND SERVICES OFFERED OR MADE AVAILABLE TO YOU. MARN DISCLAIMS ALL WARRANTIES (EVEN IMPLIED) INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS OF; PRODUCT TO BE SOLD AND BOUGHT, OR FOR ANY PARTICULAR PURPOSE, OR THAT ANY CONTENT, MATERIAL, PRODUCT (INCLUDING SOFTWARE AND HARDWARE), SERVICE OR COMMUNICATION FROM MARN (THEIR WEBSITE, SERVERS OR APPLICATIONS) WILL BE FREE OF VIRUSES OR HARMFUL ITEMS.
MARN IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY OCCUR TO PROFITS, BUSINESS, GOODWILL, DATA OR ANY OTHER FORM OF INTANGIBLE OR TANGIBLE LOSS, FROM THE USE OF THE SERVICES OR FROM ANY CONTENT, MATERIAL OR INFORMATION OFFERED OR PROVIDED TO YOU BY MARN THROUGH THE MARN SERVICES.
MARN IS ALSO NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM FAILURE IN PERFORMANCE, ERRORS, VIRUSES, INTERRUPTIONS IN SERVICE OR COMMUNICATIONS, DELAYS IN TRANSMISSIONS, DELETION OF DATA OR INFORMATION, OR DEFECTS. THESE MAY OR MAY NOT BE THE RESULT OF ENVIRONMENTAL ISSUES, UNAUTHORIZED ACCESS, THEFT OR DESTRUCTION OF MARN DOCUMENTATION, DATA AND/OR SERVICES AND PRODUCTS, WHETHER DIRECTLY, INDIRECTLY, ACCIDENTALLY, PURPOSEFULLY OR DONE IN ANY OTHER FORM, FOR ANY OTHER REASON, EVEN IN THE CASE OF MARN STATING THE POSSIBILITY OF THE OCCURANCE OF SUCH CASES.
USER AGREES TO INDEMNIFY AND HOLD MARN AND ALL PARENT, AFFILIATES, SUBSIDAIRES, OFFICERS, EXECUTIVES, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, LIABILITY, CHARGES, DAMAGES, LOSSES, PENALTIES, INTEREST, TAX ASSESSMENTS OR EXPENSES THAT MAY ARISE DUE TO ANY ACTION, INVESTIGATION OR AUDIT BY A THIRD PARTY OR PERSON FOR REASONS INCLUDING BUT NOT LIMITED TO:
THIS DISCLAIMER HOLDS, TO THE FULL EXTENT PERMITTED BY APPLICABLE BY LAW, UNLESS SPECIFIED IN WRITING.
Marn may provide technical support and assure that the functionality of the Services is adequate by monitoring the devices, computers, and systems (collectively “Devices”) that may contain Marn software and applications or are connected to the Marn network, through the use of certain tools and utilities included in Marn software and applications, that allow Marn remote access to such Devices.
The user grants Marn the rights to use these tools and utilities and also allows Marn to log into these Devices and modify and manipulate the data for the purposes of improving or maintaining the functionality of the Services.
The user grants Marn the rights to use these tools and utilities and also allows Marn to log into these Devices and modify and manipulate the data for the purposes of improving or maintaining the functionality of the Services.
If Marn does not immediately enforce regulations or take action for any breach of the Terms, then that does not in any way mean that the Terms or rights have been waived, nor does it mean that you do not have to follow those policies and Terms. Marn is not at liberty to, but will endeavor to notify the Users of any limitations to their services, should the need arise.
The following Terms apply to those users who have obtained their Marn Application(s) from the Apple App Store.
The charges for using the Services (“Fees”) have been dictated on the Marn website and may be subject to change, at Marn’s discretion. Any changes in the Fees will be notified to the User atleast 30 days prior. The Fees are to be deducted in advance of every subscription period (with a subscription period lasting only a month or for an entire year, depending on the chosen plan). The Fees are non-refundable unless agreed to otherwise beforehand or unless required by law.
By providing an appropriate payment method such as a credit card, you guarantee that you are authorized to use that mode of payment and you authorize us, or any third party associated with us for this purpose, to immediately deduct the charges due to Marn for the Services with the requirement of any further consent or notice. The User is at liberty to update or change their payment information from their Marn Account whenever they please. If your payment method proves invalid or unacceptable then your access to the Services may be terminated or suspended.
Marn Fees do not include Taxes unless specified otherwise and all payments will be made to Marn without the reduction of any taxes or interest. If any of the Services or payment for the Services are subject to Tax in accordance with the applicable law then the User is solely responsible for the payment of that Tax and any related penalty to the appropriate tax authority. The User will indemnify and hold Marn and its affiliates harmless against any such claims or expenses that may incur in relation to such taxes.
