Terms of Use

Last Modified: September 20, 2022

Acceptance of the Terms of Use

This document and the other documents that we reference below constitute our Terms of Use (the “Terms”).  The Terms are a legally binding contract between you and Larvato Pty Ltd. (“Mergerfile”, “we”, or “us”, “Mergerfile.com”).

These Terms set out your rights and responsibilities when you buy, promote, or browse through digital products or services on https://mergerfile.com/, or other services provided by Mergerfile (we’ll refer to all of these collectively as our “Services”), so please read it carefully. 

By using any of our Services (even if you are just browsing through our site), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Roadmap of Rules

Here is a roadmap to help you understand the rules that are most relevant to you, depending on how you use the Services:

• If you use any of our Services, you are agreeing to these Terms and our Privacy Policy.

Remember, all of these documents are part of our Terms, so please carefully read all those that are relevant to your use of our Services.

Accessing the Services and Accounts

To access some of our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide on is correct, current, and complete. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.

If you are provided with an account (user name, password, and\or any other piece of information as part of our security procedures), you must treat such information as confidential, and you must not disclose it to any other person. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You are at all times solely responsible for any activity on your account.

Accounts are not transferable. Additionally, we have the right to disable your account at any time at our sole discretion, including if, in our opinion, you have violated any provision of these Terms.

Finally, you must be 18 years or older to use our Services. Children under 18 years are not permitted to use our Services. 

Your Content

A very important aspect of our Services is building a community where visitors can interact by posting content.  But there are rules, of course.

When you use our Services, you may post content such as text, pictures, listing descriptions, reviews, comments, audio, videos, user names, and other materials (“Your Content”).  You understand that you are solely responsible for Your Content. You also represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.  If Your Content is alleged to infringe another person’s intellectual property (“IP”) or we suspect that it may, we will take appropriate action, such as disabling access to it, or terminating your account. We’ll notify you if any of that happens.

Also, hopefully this goes without saying, but you agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms or policies. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.   If we determine in our sole discretion that Your Content violates this paragraph, we will take appropriate action, such as disabling access to it or terminating your account

By posting Your Content through our Services, you grant us a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Mergerfile function and grow. For example, you acknowledge and agree that Mergerfile may use Your Content to promote your products and our Services on our site and elsewhere, from time to time.  And now the legal version: 

By posting Your Content, you grant Mergerfile a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Mergerfile, your products, or the Services in general, in any formats and through any channels, including any of our Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

Our Content

What’s yours is yours, and what’s ours is ours. Basically, any content related to our Services, other than Your Content, is owned by Mergerfile, its licensors, or other providers (“Our Content”). Our Content includes the entire content of our website, its features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the designs, selections, and arrangements. Our Content is protected by Australia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to use Our Content in any way unless we consent in writing to your doing so.

Third-Party Intellectual Property

We reserve the right to disable any listings, comments, or any content that we believe violates these Terms.  We also reserve the right to take action against abusers of our Terms of Use, including providing assistance to third parties that we reasonably believe are the owners of any intellectual property on our marketplace.

Notices of Intellectual Property Infringement

Mergerfile’s goal is to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When we do so in response to a proper notice, we attempt to contact the affected user of our Services to provide information about the notice and our response, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Additionally, Mergerfile may provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected user of our Services.

If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to support@Mergerfile.com

Accuracy of materials

The materials appearing on Mergerfile’s website could include technical, typographical, or photographic errors. Mergerfile does not warrant that any of the materials on its website are accurate, complete or current. Mergerfile may make changes to the materials contained on its website at any time without notice. However, Mergerfile does not make any commitment to update the materials.

Links

Mergerfile has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mergerfile of the site. Use of any such linked website is at the user’s own risk.

Affiliate

Some of the links on Mergerfile are affiliate links and if you make a purchase through them, we will earn a commission. Keep in mind that we link these companies and their products because of their quality and not because of the commission we receive from your purchases. The decision is yours, and whether or not you decide to buy something is completely up to you

Disclaimer of Warranties; Limitation of Liability

The products listed on our website are developed, offered, and supported by independent sellers (our Partners) & Larvato Pty Ltd, so Mergerfile cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Mergerfile from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that cause damages to you or others.

On our Services you may come across materials that you find inappropriate. We make no representations concerning any content posted by us or users through the Services. Mergerfile is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to such content.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to our Partner’s sites, Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services, such as a compatible computer or mobile device. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Mergerfile is not a party to those agreements.

WARRANTIES. MERGERFILE IS DEDICATED TO PROVIDING THE SERVICES, BUT SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MERGERFILE, NOR OUR EMPLOYEES, DIRECTORS, OR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID US OR WE PAID YOU IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall indemnify, hold harmless, and defend Mergerfile and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Parties“) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Parties, arising out of or related to any third-party claim alleging or relating to (i) your violation of the these Terms (including the Other Documents listed in Section 2 that are applicable to you); (ii) your use of the Services; (iii) information provided by you to Mergerfile; (iv) any violation of any rights of another or harm you may have caused (including those with respect to a third-party’s IP rights); and (v) your violation of applicable law or regulations.

We reserve the right to handle our legal defense however we see it, even if you are indemnifying us, in which case you agree to cooperate with us so we can have our legal strategy executed.

Changes to the Terms

We may update these Terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Contact Us

If you have any questions about these Terms, please email us at support@mergerfile.com.