Terms & Conditions
The services of this website www.MerrySpell.com (“Website”) are available only to the registered users (“Users”) on a single user basis, for a particular period of time on making the stipulated payment and abiding by the applicable terms and conditions. The said services are personal in nature and cannot be assigned or transferred to or shared with any other person other than the registered users. The services offered by Zonpact Inc. (“MerrySpell”), the company that owns and operates the Website, are listed in detail on the Website.
By registering yourself as a user and subscribing to avail the services of this Website, it will be deemed that you have read, understood and agreed to fully abide by all the terms and conditions of the Website as contained herein. Further, by registering on the Website, you agree to:
make your contact details available to MerrySpell employees, associates and partners so that you may be contacted by MerrySpell partners for education information through email, telephone and SMS;
receive promotional mails/special offers from the Website or any of its partner websites; and/ or
be contacted by MerrySpell in accordance with the privacy settings set by you.
The right to use the services of the Website is on revocable license / permission basis as per the terms and conditions contained herein. Except the usage of the services during the license period, the registered users shall not have any right or title over the Website or any of its contents.
In order to use MerrySpell online services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you will need to have access to all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access devices.
In consideration of your use of the services, you agree to provide correct, precise, up-to-date and complete information about yourself as required by the service’s registration form wherever necessary; and maintain and promptly update the registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not up-to-date or incomplete, or if MerrySpell has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MerrySpell has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).
If you are directly subscribing as a user of this Website, you represent and warrant that you are at least 18 years of age and that you possess the legal right and capacity to use the services of MerrySpell in accordance with the stated terms and usage policies. In cases, where a minor below the age of 18 years of age, wants to use this website, such a user shall duly register himself through his parent/ guardian and such a parent/ guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the computer and/or password to access the MerrySpell. The parent/ guardian shall enter into this agreement on behalf of such minor, and bind himself/herself in accordance with all terms and conditions herein.
In case you do not wish to be contacted by phone, sms or email please drop in a mail at support@MerrySpell.com
Purchasing and Ordering Disclaimer
Make Your Own Decisions:
If you are making important purchasing or planning decisions, whether personal or business decisions, you should look at an actual demonstration model of any product you are considering before making your important purchasing or planning decisions. (Contact a supplier, store, or manufacturer regarding looking at any demonstration units.) All decisions made would be entirely your prerogative and MerrySpell does not claim to offer any advice, either legal or financial.
All payments have to be made to the account of MerrySpell Inc only under advice to us. You must not make any payment to any other account under any circumstance.
MerrySpell will not be responsible in case you ignore this advice and still make a payment to any unauthorised persons/accounts.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
All prices are subject to change without notice. Every effort has been made to ensure accurate pricing of the products featured on our website. In the event a part or accessory is ordered and the listed price has changed, you will be notified prior to our processing your order. Purchase “as is.” You agree that all products purchased by you through this website are provided under warranties, if any, of the manufacturer only, and not by MerrySpell. All products are provided by MerrySpell on “as is” basis with no representations or warranties of any kind from MerrySpell.
Please note that the password generated by you for accessing the Website should not be shared by you with anyone else at any time. Please also note that especially with regard to the products purchased by you, the same have been licensed to you by MerrySpell for your own use only and you cannot share your password with others or allow others to use the paid courses. This will be a gross violation of the license terms governing the paid products.
Use of Website
You represent, warrant, covenant and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Website, that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You further represent, warrant, covenant and undertake that your use of the Website shall not:
violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
interfere with or disrupt computer networks connected to the Website;
impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses;
upload, post, transmit, publish or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
interfere with or disrupt the use of the Website by any other user, nor “stalk”, threaten, or in any manner harass another user;
upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems;
use the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website);
use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
any interpretation of test results or study material other than as a tool of learning and enhancing knowledge; or
the tests and exercises are created for you to test your understanding of concepts and are not to be interpreted as a sample question paper for any examinations.
MerrySpell reserves the right to remove any content or links that allegedly infringes any other person’s copyright at any point of time
Software (if any) that is made available to download from the Website, excluding software that may be made available by end-users through a Communication Service, (Software) is the copyrighted work of the software provider. Your use of the Software is governed by the terms of the end user License Agreement unless you first agree to the License Agreement terms.
MerrySpell reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to you.
Ask and Answer Section
Please note that the answers under this section or the tests/notes uploaded in the ‘Upload Tests & Notes’ sub-section may be uploaded by users directly. Therefore, MerrySpell will not be liable for the content of the same.
Further, MerrySpell may certify an answer posted by a user to be correct or not. This however does not mean that MerrySpell has checked whether the answer has or has not been copied by such user from any other source without authorisation. MerrySpell shall surely look into any concern of this nature that is brought to its attention.
Delivery means the digital download or the physical delivery of subscribed content to the customers. At present we have two modes of delivery – online digital download from the website and physical shipment like DVD.
Online digital delivery of content is through internet, i.e., downloading the subscribed course content from www.MerrySpell.com website to MerrySpell software
The physical delivery of the paid subscription will be shipped in 2 working days of the receipt of funds through speed post or courier like BlueDart. The delivery typically takes place in 1-2 working days to metros and 3-4 working days to major towns. The user may track the shipment by logging into MerrySpell website, in cases where the shipment agency provides such facility
The physical medium associated with free Demo-DVD etc. is shipped by ordinary post in 2 working days of receiving request.
MerrySpell currently provides users with access to a rich collection/compilation of online educational information and related resources etc. As a user of the Website, you understand and agree that all the services provided are on an AS-IS basis and MerrySpell assume no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on the Website
The information/material provided on the Website is provided on an “As Is” basis. MerrySpell does not warrant the accuracy, completeness, non-obsolescence, non-infringement, merchantability or fitness for a particular purpose of the information available through the services on the Website. MerrySpell also does not guarantee that the services will be error free, or continuously available, or that the service will be free of viruses or other harmful components.
Some contents on the site may belong to third parties. Such contents have been reproduced after taking prior permission from the said party and the copyright of such contents would remain exclusively with the said third party. MerrySpell shall not be responsible for any mistakes which might appear in such contents.
MerrySpell disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
Any errors in or omissions from the Website and its content, including but not limited to technical inaccuracies and typographical errors.
Any third party websites or content therein directly or indirectly accessed through links in the Website, including but not limited to any errors in or omissions there from.
The unavailability of this Website or any portion thereof.
The use of any equipment or software in connection with the Website by the user.
Limitation of Liability
Under no circumstances shall MerrySpell be liable to any User for:
Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the materials in the Website, even if MerrySpell had been advised of the possibility of such damages and regardless of the form of action, whether in contract, stated or otherwise.
Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, resulting from or arising in connection with the use of or the inability to use the Website or its content / materials; and
Claim attributable to errors, omission or inaccuracies in or destructive properties of any information.
It is the endeavour of MerrySpell to ensure that the information provided on the Web site is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose, and accepts no responsibility with respect to the information on the Website. Use of this Website, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers of this Website. MerrySpell does not claim that the information downloaded are up to date, correct and error free or that the servers that make MerrySpell site available, are free of viruses or harmful components. Any reliance on the service or database available through this service, is at the user’s own risk. Though due care has been taken to make the database completely reliable and error-free, MerrySpell claims exemption from any liability arising out of any such error in the data base.
Third Party Advertising
There may be third party information, advertisement, and schemes displayed through this Web site. MerrySpell disclaims, to the fullest extent permissible, the correctness, viability, availability, merchantability or fitness of such information, advertisement and scheme. MerrySpell hereby declares that the advertisers and their clients etc. are neither its agent, partner or principal and MerrySpell does not provide any guarantee or warranty or any representation on behalf of any of the advertisers or their clients.
Any material downloaded and used shall be at the risk of the user and no services utilised by this Web site shall create any warranty. MerrySpell shall not responsible if any information/page is downloaded from MerrySpell and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
MerrySpell and/or its respective suppliers make no representations about the suitability, reliability, availability, timelines, of the products and services contained on the Web site for any purpose. All products, services are provided “as is” without warranty of any kind. and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall MerrySpell and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MerrySpell Web site, with the delay or inability to use the MerrySpell Web site or related services, the provision of or failure to provide services, or for any information, software, products and services obtained through the MerrySpell Web site, or otherwise arising out of the use of MerrySpell Web site, whether based on contract, negligence, strict liability or otherwise, even if MerrySpell or any of its suppliers has been advised of the possibility of damages.
As a user of this Web site, you agree to protect and fully compensate MerrySpell and its domain’s associates, such as, service providers and technology partners, from any and all third party claims, liabilities, damages, expenses and costs, including, but not limited to, all legal expenses, arising from your use of services on this domain, your violation of the terms or your infringement by any other use of your account, of any intellectual property or other right of anyone.
The laws of the Republic of India shall govern any dispute arising from the use of this Web site and the courts in New Delhi, India alone shall have exclusive jurisdiction to deal with all such matters.
This Agreement does not in any manner create any relationship whatsoever as between you and the MerrySpell, either as a joint venture, partnership, employment, or agency relationship. Performance of this agreement by MerrySpell is subject to existing laws and legal process in India, and nothing contained in this agreement is in derogation of the rights of MerrySpell to comply with governmental, court and law enforcement requests or requirements relating to your use of MerrySpell or information provided to or gathered by MerrySpell with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and MerrySpell with respect to the MerrySpell site and it supersedes all prior communications and proposals, whether electronic, oral or written, between the user and MerrySpell with respect to the MerrySpell site.
All material available on this website MerrySpell.com including but not limited to, its design, text, graphics, screen shots, files and the selection and arrangement thereof is protected by copyright laws. (Depicted as ? Zonpact Inc.. All rights reserved.)
Access to the MerrySpell services and content is subject to these terms and conditions. These Terms and Conditions contain warranty disclaimers guidelines for link to other websites & linking disclaimer and limitation on use.
MerrySpell grants user of this website the permission to reproduce copies of the material contained therein strictly for personal information/private use and non- commercial use only.
Rights and Permissions
Excepting for Private use and non- commercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied, or reproduced without prior written consent of MerrySpell. Any other use of materials on this website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written consent of MerrySpell is strictly prohibited and may violate copyright or trademark laws.
The owners of the intellectual property, copyrights and trademarks are MerrySpell, its affiliates or third party licensors. Any modification, copying, reproduction, republishing, uploading, posting, transmitting or distributing any material on this Website including text, graphics, code and/or software is expressly prohibited.
No recourse shall be taken against MerrySpell for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to MerrySpell. At any stage, it is believed that the contents appearing on this Website constitutes copyright infringement of another person’s rights, the user may communicate the same to us.
Notice of Copyright Infringement We are not liable for any infringement of copyright arising out of materials posted on or transmitted through the Website, or items advertised on the Website, by end users or any other third parties. In the event you have any grievance in relation to any content uploaded on the Website, you may contact our Grievance Officer; or write at the following address:
MerrySpell, K1- 125
C.R Park, first floor
Kalkaji, New Delhi
We request you to please provide the following information in your complaint : – (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. (b) Identification of the copyrighted work claimed to have been infringed. (c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. (d) The address, telephone number or e-mail address of the complaining party. (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. (f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed
The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service.
Decision of MerrySpell regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard.
MerrySpell reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at anytime as may be required in view of business exigencies and/or regulatory or statutory changes.
Your mobile phone number (MSISDN) will be used during the transmission of text messages through the mobile service provider’s server for SMS Service.
The subscriber understands that he/she can avail SMS Services at his/her discretion and the said service shall be availed in such options as are made available by MerrySpell from time to time.
This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.
The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.
WAP Services enable you to access our Services and to submit and/or receive Content through your wireless Device. Your access to our WAP Services may be dependent on the wireless Device you use to access the applicable WAP services.
Subscription Services provide you with access to certain Content for a selected period of time, which will be as indicated and chosen by you prior to purchase. The frequency with which you will receive the relevant Content will be notified to you at the time you subscribe for the service.
You will not post or transmit any content that is abusive, obscene, racial, sexually oriented or against national interest. MerrySpell reserves the right to suspend your account if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.
The Service is an additional service offered by MerrySpell. The functions of the Service are dependent on the operator owning the network to facilitate this service (“Operator”), for which MerrySpell does not undertake any responsibility for failure of this network transmission or failure of message transmission for any reasons whatsoever. From time to time, MerrySpell may include additional features and services.
MerrySpell reserves the right to modify/delete the account contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.
The subscriber must maintain such minimum balance in his/her prepaid account as is specified by MerrySpell for availing the particular option offered under these services. All incidental costs/taxes/levies, if any, related to the VAS shall be entirely borne by the customer.
The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by MerrySpell at its sole discretion without prior notice to the users.
MerrySpell shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.
No reversal of deducted charges shall be allowed under any circumstances.
The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the Service (content), and the users shall accordingly indemnify MerrySpell and / or the Operator, against all third party claims relating to the users content or due to the users act, negligence or omission.
You are bound by the terms and conditions as mentioned herein and as stated on the Website.
Message delivery is conditional to mobile Operator’s technical infrastructure and its network uptime.
By using various SMS based services from MerrySpell, you agree to receive phone calls, messages etc. from MerrySpell and/or its associates tailored to provide with better education related opportunities.
Subscribing or using various paid/free services of MerrySpell on SMS/Voice/WAP either directly or indirectly doesn’t in any manner guarantee the user an admissions.
MerrySpell and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the, MerrySpell sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. MerrySpell and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. MerrySpell shall not be responsible or liable for any consequential damages arising thereto.
By agreeing to register at MerrySpell Mobile alerts, a user allows MerrySpell to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.
The subscriber shall be required to comply with all directions/instructions etc. issued by MerrySpell relating to the network, the services and any/all matters connected therewith and provide MerrySpell all other and further information and co-operation as MerrySpell may require from time to time.
Cancellation and Refund Policy
Refund is possible however, you have to state a proper reason for the refund. The refund will be made to the customer’s bank account within 5-6 working days (this excludes Saturdays, Sundays and other holidays). We suggest that first you go through the demos and/or free to use contents/products/services before you subscribe to or purchase from MerrySpell.com.