www.merx.com Open in urlscan Pro
45.60.155.100  Public Scan

Submitted URL: https://u2200291.ct.sendgrid.net/ls/click?upn=4FMV9IvUQ0SAFpKEuauyKiHvavzI551FjFq-2F5C-2B8SWfu1gTNQpaG6BCZDKK96OLO5cwLzsgBc-2FQi7...
Effective URL: https://www.merx.com/public/terms-conditions?language=EN
Submission Tags: falconsandbox
Submission: On August 01 via api from US — Scanned from DE

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Home/Terms & Conditions


TERMS & CONDITIONS

 * 1.0 - Definitions
 * 2.0 - Rates and Charges - Registered Suppliers
 * 3.0 - Pay as You Go (PAYG)
 * 4.0 - Ownership and Use of Information
 * 5.0 - Confidentiality and Security
 * 6.0 - Use of Internet and e-mail
 * 7.0 - Consent - Use of Name
 * 8.0 - Change of Address
 * 9.0 - Changes to Service and Agreement
 * 10.0 - Termination
 * 11.0 - Liability
 * 12.0 - Laws of Application
 * 13.0 - Assignment
 * 14.0 - Prior Agreements
 * Non-responsibility
 * Available Only Where Permitted by Law
 * Applicable Agreements
 * Use of Information
 * Accuracy and Changes
 * Software Backup
 * Hyperlinks are Not Endorsements
 * Trademarks Belonging to MERX or Other Entities
 * Copyright


IMPORTANT NOTICES TO ALL USERS OF THIS WEB SITE

To use, as a supplier, the MERX service operated by mdf commerce, you must agree
to the following terms and conditions by clicking on the “I agree to the Terms &
Conditions stated herein. I am an authorized representative of the above-named
organization. In this Agreement, "We", "Us", "Our" and "You" means any person or
other entity applying to register with the MERX Service as a Supplier or
submitting an "Order Basket" which contains one or more Bid Components on a one
time basis.


1.0 - DEFINITIONS

1.1 - "Bid Component" refers to a document in paper or electronic form that
contains Information for a Supplier to prepare and submit a proposal to a
Participating Organization for an intended procurement. A Bid Component can also
refer to Plans (blueprints) or physical items such as videotapes, computer CDs,
or samples of goods.

1.2 - "Information" refers to all of the information, software and other
material provided in connection with or available through the MERX Service,
including the procurement information, Opportunity Notices and Bid Components
that Participating Organizations distribute through the MERX Service.

1.3 - "MERX" refers to mdf commerce, or one of its affiliates, operating the
MERX Service.

1.4 - "MERX Service" refers to the electronic commerce service owned and
operated by MERX, which serves as the Electronic Tendering System for
Participating Organizations to support the distribution of Information regarding
the procurement of goods and services for both public and private organizations.

1.5 - "Opportunity Notice" refers to a summary in paper or electronic form of
the information relating to an intended procurement.

1.6 - "Participating Organization" refers to a government department, a MASH
Sector entity (Municipality, municipal organization, school board or publicly
funded academic, health or social services entity) or any other public or
private organization that issues procurement information which MERX publishes on
its website.

1.7 - "Supplier" refers to an individual or entity that has ordered one or more
Bid Components from the MERX Service and/or is registered with the MERX Service
as a Supplier.

1.8 - "Order Basket" refers to a collection of orders for one or more MERX Bid
Components. Upon the submission of the Order Basket, the content of the basket
is complete.

1.9 - "Pay as You Go" refers to a one-time Order Basket that has been submitted
by an individual or entity that is not a registered MERX Complete Supplier.


2.0 - RATES AND CHARGES - REGISTERED SUPPLIERS

2.1 - We agree to register with the MERX service and acknowledge that payment of
the registration fee, where applicable, is made monthly or in advance annually,
as the case may be. We acknowledge that our subscription to the services shall
be automatically renewed at the expiry of any subscription period for a period
of time equal to the initial subscription and that applicable registration fees
for any renewal shall be automatically charged or billed, as the case may be.
Notice of changes or non-renewal to our subscription can be accomplished with an
electronic notice to MERX. We also recognize that all payments are not
refundable.

2.2 - We agree to pay any charges due for Bid Components not delivered via
download, and all physical items that are components of a bid set that cannot
otherwise be ordered via a download. We also agree to pay for delivery charges
and any other charges incurred by us in accordance with the current MERX
Supplier price list. The current MERX Supplier price list is attached.

2.3 - We agree to pay any charges related to MERX Value Added Services (such as
having amendments delivered automatically) as established from time to time in
the MERX Supplier price list.

2.4 - MERX is authorized to charge our valid American Express, MasterCard or
VISA credit card for all charges when due.

2.5 - Interest on overdue accounts is charged at 1 1/2% per month, equal to 18%
per annum. MERX may apply a surcharge to any payments returned by the issuing
Financial Institution.

2.6 - We acknowledge that MERX may terminate or suspend our use of the MERX
Service for non-payment, and that such termination or suspension will include
suspension of opportunity matching, notification of an opportunity amendment,
the forwarding of amendments to previously ordered Bid Components, the ordering
of Bid Components and other value added services.

2.7 - We agree that MERX may amend the rates and charges for the MERX Service
from time to time in accordance with the criteria established with the
Participating Organizations. Revised rates and charges will be reflected in the
MERX Price List, a copy of which will be sent to us or available on-line.

2.8 - We agree all Submitted Orders are final. MERX is not obligated to refund
or exchange for services charged herein.


3.0 - RATES AND CHARGES - PAY AS YOU GO (PAYG)

3.1 - We agree to pay by valid credit card any Pay as You Go (PAYG) fees, fees
for Bid Components not delivered via download, and all physical items that are
components of a bid set that cannot otherwise be ordered via a download. We also
agree to pay for delivery charges and any other charges incurred by us in
accordance with the current MERX Supplier price list. The current MERX Supplier
price list is attached.

3.2 - We agree to pay any charges related to MERX Value Added Services (such as
having amendments delivered automatically) as established from time to time in
the MERX Supplier price list.

3.3 - Upon ordering or contracting for such services, you will authorize MERX to
charge your valid American Express, MasterCard or VISA credit card for all
charges when due.


4.0 - OWNERSHIP AND USE OF INFORMATION

4.1 - We acknowledge that any of the Information that we receive through the
MERX Service is owned either by the Participating Organization that issued the
Information or by MERX. We agree that we will not use, store, copy, or reproduce
the Information, or distribute or disclose it to any third party, except for the
sole purpose of having such third party assist us in evaluating an opportunity
or preparing a response to an Opportunity Notice. We agree that we will not
sell, distribute publish or otherwise disseminate to any third party, or make
available for the purpose of resale to any third party, any Information received
from or through the use of the MERX Service without the prior written consent of
MERX.


5.0 - CONFIDENTIALITY AND SECURITY

5.1 - We acknowledge that MERX cannot ensure the privacy and authenticity of any
information that we send or receive through the Internet, and we agree that MERX
will not be responsible for any damages that we incur if we communicate
confidential information to MERX over the Internet, or if MERX communicates such
information to us at our request.

5.2 - We agree not to disclose our MERX Service password to any third party. We
agree that we are solely responsible for all use of our password and we agree to
put reasonable security procedures in place regarding its use and to notify MERX
immediately of any unauthorized use.

5.3 - We agree not to disclose our MERX Service Electronic Signature to any
third party. We agree that we are solely responsible for all use of our
Electronic Signature and we agree to put reasonable security procedures in place
regarding its use and to notify MERX immediately of any unauthorized use.

Furthermore, we agree that neither MERX nor Participating Organizations are
under any obligation to confirm the actual identity or authority of any
individual user of the Electronic Signature or any component thereof and have no
liability for damages or harm we may incur from misuse, non-acceptance, delay or
restriction in obtaining registration, submitting responses to Opportunity
Notices, receiving Information or Bid Components, nor for any unavailability,
malfunction, cancellation or withdrawal of online bid submission access or any
portion of such service or any device associated with it.

5.4 - We acknowledge that links to other Web sites through the MERX Service do
not imply any endorsement or approval by MERX.


6.0 - USE OF INTERNET AND E-MAIL

6.1 - We acknowledge that if we access the MERX Service through the Internet, we
are responsible for reading and complying with any notices, warnings or
disclaimers posted on the MERX Web site or contained in the attached Internet
Notices Page.

6.2 - We acknowledge the fact that email is NOT a guaranteed delivery method and
is subject to what is conventionally referred to as ANTI-SPAM filters that may
impact the delivery of the email to our email account. We acknowledge that MERX
will not be responsible for an email once it has left the MERX Server unless the
delivery failure is caused solely by the gross negligence of MERX.


7.0 - CONSENT - USE OF NAME

7.1 - We authorize MERX to make our name available to other registered users and
authorized users of the MERX Service at any time and in any format for the
purpose of meeting the requirements of the MERX Service, including the
publication of document request lists and the names of successful bidders, but
excluding the provision of our name to other third parties for the purpose of
mailing lists or any other purpose not related to the MERX Service.


8.0 - CHANGE OF ADDRESS

8.1 - We agree that we are responsible for providing our current delivery or
invoicing address, our fax delivery number and/or our e-mail address to MERX for
the MERX Service. We will immediately notify MERX of any change of these
addresses through the MERX Web site, by mail, by fax on Company letterhead. We
acknowledge that MERX shall bear no responsibility or liability for our failure
to do so.


9.0 - CHANGES TO SERVICE AND AGREEMENT

9.1 - We acknowledge that, from time to time, and at its discretion, MERX may
amend the provisions of the MERX Service, including pricing or any of the terms
and conditions of this Agreement.


10.0 - TERMINATION

10.1 - We acknowledge that MERX may terminate this Agreement with us and suspend
our use of the MERX Service at any time and for any reason, including where we
fail to pay the registration fee or any other charges incurred by us.

10.2 - We may immediately terminate this Agreement with MERX upon providing
written or electronic notice to MERX. Where an electronic notice will be
provided by us to MERX to terminate this Agreement, we agree to comply with all
reasonable procedures established by MERX in providing such electronic notice
(as such procedures may be amended from time to time at MERX's sole discretion)
and which procedures shall be made available to us through the MERX Service.
Where a written notice will be provided by us to MERX to terminate this
Agreement, we agree to comply with all reasonable procedures established by MERX
to provide such written notice (as such procedures may be amended from time to
time at MERX's sole discretion), which procedures shall be made available to us
through MERX Service, upon termination, we acknowledge our password and access
to the MERX Service will be terminated and we will no longer receive Bid
Documents (including any notification of amendments that may be issued to Bid
Components previously ordered by us) unless otherwise requested by us, in
accordance with the termination procedures established by MERX (as they may be
amended from time to time at MERX's sole discretion). Termination of this
Agreement will not relieve us from our obligation to make payments to MERX for
any outstanding fees or other charges payable by us prior to termination for the
MERX Service and our use of the MERX Web site, as set out in section 10.4 below,
including any fees or charges for Bid Components ordered by us (and including
without limitation any amendments requested by us to such Bid Components
following our termination of this Agreement) or our monthly registration fee for
the MERX Service.

10.3 - On termination, we will return any Information provided to us on
reasonable request by MERX.

10.4 - We will pay any outstanding fees and charges on termination, and agree
those sections 4, 5 and 11 of these terms and conditions will continue in force
following termination. We acknowledge that annual, or semi-annual, or quarterly,
or monthly prepayments are not refundable.


11.0 - LIABILITY

We acknowledge that MERX assumes no responsibility for the availability,
accuracy, completeness or timeliness of any of the Information, or for the
fitness of such Information for any particular purpose.

11.1 - We acknowledge that MERX and its officers, directors, employees, agents
and subcontractors will not, under any circumstances, be liable to us for
damages, including direct, indirect, special or consequential damages, even if
MERX has been advised of or could have foreseen such damages, arising out of our
use of or reliance on the MERX Service, unless caused solely by the gross
negligence of MERX. For greater certainty, such damages shall include, without
limitation, damages in respect of loss of profit, loss of business revenue,
failure to realize any expected savings, and any claim made against us by a
third party.

11.2 - We agree that we will indemnify and hold harmless MERX and its officers,
directors, employees, agents and subcontractors for any loss, damage, cost,
expense, liability or claim suffered or incurred by, or made against, MERX
arising out of our breach of this Agreement, or our fraud, misrepresentation,
negligence or wilful misconduct in our performance or non-performance under this
Agreement, but our liability in any one year under this Agreement will be
limited to the value of the charges incurred by us for the MERX Service in the
twelve (12) months preceding MERX's claim or demand against us.


12.0 - LAWS OF APPLICATION

12.1 - We agree that this Agreement will be governed by the laws of Ontario and
those of Canada applicable therein.


13.0 - ASSIGNMENT

13.1 - We agree that MERX may assign this Agreement, in whole or in part,
without our consent, and we may not assign this Agreement in whole or in part.


14.0 - PRIOR AGREEMENTS

14.1 - We agree that this Agreement supersedes any prior versions of this
Agreement governing the MERX Service.

 


IMPORTANT NOTICES TO ALL USERS OF THE MERX WEB SITE


CONFIDENTIALITY AND SECURITY

MERX cannot ensure the privacy and authenticity of any information or
instructions you send to us or we send to you over the Internet. MERX, including
the MERX™ Service, will not be responsible for any damages you may incur if you
communicate confidential information to us over the Internet, or if we
communicate such information to you at your request.


NON-RESPONSIBILITY

MERX is not responsible in any manner for direct, indirect, special or
consequential damages, howsoever caused, arising out of use of this Web site,
the MERX™ Service, or the reliance on the information it contains.


AVAILABLE ONLY WHERE PERMITTED BY LAW

The products and services described in pages of Web sites of MERX, including the
MERX™ Service, are only offered in jurisdictions where they may be legally
offered for sale or use.


APPLICABLE AGREEMENTS

All products and services of MERX, including the MERX™ Service, are subject to
the terms of the applicable agreements.


USE OF INFORMATION

The information contained on this Web site and pages within is not intended to
provide specific legal, accounting, financial or tax advice for any individual
and should not be relied upon in that regard.


ACCURACY AND CHANGES

Facts and information provided by MERX, including the MERX™ Service, are
believed to be accurate when placed on this Web site. Changes may be made at any
time to the material or information at this Web site without prior notice.


SOFTWARE BACKUP

While every effort is made to ensure that all software provided at this Web site
is suitable for use on a wide variety of computer systems, you should take
reasonable and appropriate precautions to scan for computer viruses, and ensure
compatibility of the software with your specific computer system. You should
also ensure that you have a complete and current backup of the information
contained on your computer system prior to installing such software.


HYPERLINKS ARE NOT ENDORSEMENTS

Links to other Web sites or references to products, services or publications
other than those of MERX at this Web site do not imply the endorsement or
approval by MERX of such Web sites, products, services or publications. MERX is
not responsible or liable for the content presented on these links including
advertising claims, endorsements or names. These Web sites are not part of our
Web site or the MERX Service and MERX has no control over their content or
availability.


TRADEMARKS BELONGING TO MERX OR OTHER ENTITIES

Certain names, graphics, logos, icons, designs, words, titles or phrases at this
Web site may constitute trade names, trademarks or service marks of MERX or
other entities. Trademarks may be registered in Canada and in other countries as
applicable. The display of trademarks on pages at this Web site does not imply
that a license of any kind has been granted. Any unauthorized downloading,
re-transmission or other copying or modification of trademarks and/or the
contents herein may be a violation of federal or common law, trademark and/or
copyright laws and could subject the copier to legal action.


COPYRIGHT

All Information at this site is protected under the copyright laws of Canada and
in other countries. In addition, certain information may be copyrighted by
others. Unless otherwise specified, no one has permission to copy, redistribute,
reproduce or republish in any form, any information found at this Web site.
Inquiries about permission should be directed to the MERX Call Centre at
1-800-964-MERX (6379) or (613) 727-4900.

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Please see our Privacy Policy for more details. By continuing to use this site,
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