Terms & Conditions

Mercom India Private Limited (formerly Mercom Communications India Private Limited), a wholly owned subsidiary of Mercom Capital Group, LLC, out of Austin, TX, USA, provides this website for the convenience of persons or entities (Purchaser) interested in the products and services offered by Mercom India. By using this site, you agree to the provisions included in these Terms of Service. If you wish, a copy of these terms may be printed for your records. These Terms and Conditions may be changed by Mercom India from time to time in the manner indicated below.

Right to Change Terms and Conditions:

Mercom India reserves the right to change these Terms and Conditions. Any such change will be effective upon posting on this website, except that no such change will apply to any purchase already made or consulting services already contracted at the time of such change in terms.

Website and Page Copyright:

Except as otherwise specifically disclosed, Mercom India owns the Copyright on all of the information, graphics, arrangements of information, and content on the various pages of this website. Such information, graphics, arrangements, and content are subject to all applicable copyright laws.

Content Copyright:

Except as otherwise specifically disclosed, either on this website or in the Materials to be sold, Mercom India is the owner of the Copyright on all of the various reports and other Materials being offered for sale. Such Materials are protected by applicable copyright laws.

Products:

Mercom India reserves the right to withdraw any product from its range at any time or to withdraw any quotation prior to order without notice.
Mercom India reserves the right to increase the current rates from time to time prior to the placement of an order.

Use of Purchased Reports:

All Mercom India reports and publications (herein referred to as reports, report, product, products, publication, publications) are protected by copyright and as such, any unauthorized copying, electronically or mechanically, or distribution is prohibited by U.S. and international law. Federal copyright law (Title 17 of the U.S. Code) makes it illegal to reproduce any part or all of Mercom India’s publications without written permission.

The entity, its employees or agents or an individual must purchase a license in order to gain access to one or more of Mercom India’s reports.

The Purchaser must specify which type of license they require. The terms of specific license and License Agreement are included within these Terms and Conditions. In order to avoid doubt, acceptance of these Terms and Conditions constitutes an acceptance of the terms of the License Agreement.

The Purchaser (and if applicable all employees of his or her company) of this or any other license agrees to restrict its usage according to the provisions of the following license agreement. If the company wishes to upgrade the User License, please contact Mercom India.

These terms and conditions shall apply to every sale of any report by Mercom India. The placing of an order shall be deemed to constitute an unqualified acceptance of these Terms and Conditions.

Assignability:

This license is non-transferable. The Purchaser agrees to limit its usage to employees of its company. Mercom India reports may not be shared with any outside entities under any circumstances, including (but not limited to) suppliers, customers, partners, affiliates, investors, or other outside entities particularly if that entity is deemed competitive to Mercom Capital Group, LLC, or Mercom India Private Limited. This license is not transferable in the event of a sale of the Purchaser or its assets.

This license is non-refundable. Given the highly consumable nature of these products, Mercom India does not provide refunds or exchanges for reports after such products have been purchased.

If you are not a licensed Purchaser or user of these products or reports, then you do not have the right to use them or be in possession of them.

Terms of Usage:

Mercom India recognizes that the Purchaser will want to make “fair use” of information from this website and from reports purchased from Mercom India, as is permitted by applicable copyright law and by the agreement made at the time of purchase. Mercom India’s stated purchase prices and use allowances are dependent on the number of persons and devices that the Purchaser wishes to have regular access to a report. No report may be posted on a company website or intranet unless an “Enterprise License” is purchased. No Material may be excerpted and used as your own work except as permitted by applicable copyright laws. In compliance with “fair use” laws, the paraphrasing of Materials and specific quotations may be used in connection with internal reports only with appropriate attribution, as would be the case with written Materials.

License Options:

For Single User Licenses:

By purchasing a Single User License for a report, you and your company agree that one individual will have access to the report as an electronic copy and it will not be shared with other employees within or outside of the same company. The access to or storage of the document shall be limited to one registered computer. You and your company agree that the report will not be posted on a company website or intranet. The user will have permission to print one copy of the report for personal use but the report may not be reproduced for distribution.

For Department Licenses:

By purchasing a Department License for the report, you and your company agree that up to four users within the same department/branch and location of the same company will be granted access to the report and the report will reside on, or only be accessible by, registered computers of the same four users within the same department/branch and location of the same company. You and your company agree that the report will not be posted on a company website or intranet. This license permits a total of four copies to be printed of the report for the licensed users. Those copies may not be reproduced for distribution.

For Enterprise Licenses:

By purchasing an Enterprise License for the report, you and your company agree that the report will reside on one of your computers or your intranet site and be accessible only to employees who have proper access to such computer or site. The Enterprise License grants access to a specific report for a company-wide audience. This excludes subsidiary companies or other companies within a group of companies.
In the event of a purchase of a Single or Department Licenses, the Purchaser will supply Mercom Capital Group with details of defined users that includes their names, office locations, and email address. For more information about your license, please email us at: [email protected].

Refunds, Exchanges and Cancellation:

All sales are final. Given the highly consumable nature of our products, Mercom India does not provide refunds or exchanges once the product has been purchased, even in the case of purchased reports that are set to be released on a future date.

Delivery:

Mercom India ships electronically to the Purchaser or their designated assignee at the time of sale. At no time will Mercom India ship a product without a confirmed receipt of payment. Mercom India will not ship to a third party without prior approval by both Purchaser and Mercom India. When a Purchaser purchases multiple reports together, the completed reports will be delivered upon receipt of full payment for all reports and future reports will be delivered at the time they are released.

Your Information and Our Privacy Policy:

When using Mercom India websites, mobile apps, newsletters, or other digital products, we also collect non-personally identifiable information.

This includes, but is not limited to, data about your device, browser, operating system, your IP address, general location and page information, and the date and time of each request you make to Mercom India.

To learn more about our privacy policy and how we use your information, visit our Privacy Policy page here: https://mercomindia.com/privacypolicy/

Liability:

The following provisions set out the entire financial liability of Mercom India (including any liability for the acts or omissions of its employees, agents, subsidiaries, and subcontractors) to the Purchaser in respect to any breach of contract; or any representation, statement, or tortious act or omission, including negligence arising under or in connection with the contract.

Mercom India’s total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform the contract shall be limited to the total price paid by Purchaser under these terms and conditions.

Mercom India shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill, or otherwise (in each case whether direct, indirect, or consequential), or for any costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with its purchase of Mercom India reports or services.

Mercom India shall not be liable to a website user for any pure economic loss, loss of profit, loss of business, depletion of goodwill, or otherwise (in each case whether direct, indirect or consequential), or for any costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the use of the Mercom India website.

To the maximum extent permitted by law, Mercom India or any of its employees, or its subsidiaries or any of its subsidiary’s employees shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: any errors in or omissions from the material (including, but not limited to website and report content, images, graphs) available or not included therein; the unavailability or interruption to the supply of the Material or any features thereof or any Material; your use of any equipment in connection with the material; the content of material; any delay or failure in performance beyond the reasonable control of Mercom India, or; any negligence of Mercom India or its employees in connection with the performance of our obligations under this Agreement.

Mercom India’s liability to a Purchaser for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited at our option to supplying the material again or paying for it to be re-supplied.

Mercom India’s liability to the Purchaser for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Purchaser caused or contributed to that loss or damage.

The aggregate liability of Mercom India in connection with any other claim arising out of or relating to the material purchased shall not exceed the total price payable under the Terms and Conditions for the supply of the material or report.

Mercom India shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising from or in connection with the material purchased, or the failure of Mercom India to perform its obligations, regardless of any negligence of Mercom India.

The material, reports purchased, or website information is provided for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice or judgement.

While reasonable efforts are made to keep the material, reports, and website information up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result. Nothing in Mercom India’s reports constitutes or should be taken as investment advice.

While Mercom India takes great care to ensure the accuracy of the information on its website and in its reports, this information may be inaccurate or out-of-date. Mercom India assumes no responsibility regarding the accuracy of the information provided on the Mercom India website or in Mercom India reports. The purchaser uses such information at their own risk.

Mercom India shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content from the Mercom India website.

Content on the Mercom India website or in its reports may be changed, updated, or deleted without notice for any reason at the sole discretion of Mercom India.

Limited Warranty:

The information contained in the Material purchased and on this website is believed to be reliable but it cannot be guaranteed to be correct, complete, or free from errors.
If the Material’s electronic delivery format is defective, Purchaser shall notify Mercom India via email at: [email protected]. Mercom India will replace the Material in question at no additional charge, only if notified of the defective formatting within 7 days from the date of the original receipt of the Material.

Governing Law:

All disputes arising between the parties shall be settled under the provisions of the [Indian] Arbitration and Conciliation Act 1996. The Parties agree (i) that the arbitration proceedings will be conducted in Bangalore; and (ii) the panel of arbitration shall consist of three (3) members, one each appointed by the Parties and the third appointed by the nominee arbitrators by consensus. Notwithstanding anything to the contrary, the parties agree that these terms and conditions shall be construed and enforced in accordance with, and the rights of parties shall be governed by the laws of India, without giving effect to the conflict of law provisions thereof. Subject to these terms, the courts at Bangalore, Karnataka shall have exclusive jurisdiction to entertain any suit, dispute, litigation or legal proceedings in respect of or under this Employment Agreement.

Dispute Resolution:

Purchaser and Mercom India agree to attempt in good faith to resolve any dispute or claim arising out of or relating to the purchase of a report or any of these terms and conditions, promptly, through negotiation between the respective parties.

If the matter is not resolved through negotiation, the parties will attempt to resolve the dispute or claim in good faith by arbitration as noted under Governing Law. Any action to enforce any decision of an arbitrator or concerning any use of this website, or Mercom India reports or the Terms and Conditions will be brought in a court of competent jurisdiction in Bangalore, Karnataka India. This provision will not require Mercom India to submit to arbitration any claim for infringement of copyright, trademarks, or other intellectual property rights, with respect to which the right to invoke applicable statutory enforcement provisions is retained. In addition to any other relief which may be properly awarded, the party substantially prevailing on the merits with respect to any such claim will be entitled to be awarded reasonable attorney’s fees and costs.