Terms & Conditions
The following notice sets out the Terms & Conditions upon which you agree to access and use the nMerge Website and its associated Services.
Access to the Website and the purchase of any products or services from nMerge is conditional upon you reading and accepting all of the terms and conditions in, and linked to, the Terms & Conditions, as they exist at that time.
Our Terms & Conditions may change from time to time, at the sole discretion of nMerge. You should check our Website frequently to see any recent changes.
1.1 Defined Terms
“Client” or “you” or “your” or “their” means the individual(s) visiting our Website.
“nMerge” or www.nmerge.com or “www.nmerge.com.au” or “we” or “our” means nMerge Pty Ltd (ACN 608 832 935, ABN 58 608 832 935) trading as nMerge, or any of our subsidiary companies.
“Information” means the information provided by the Client.
“Service” means the consulting, advisory and ancillary services provided by nMerge. A summary description is outlined below in Section 2.3. A more detailed description of what is included in your Service can be found at www.nmerge.com
“Terms” mean these terms and conditions.
“Working Day” means a day on which banks are open for business in Melbourne, Australia.
“Website” means www.nmerge.com, or www.nmerge.com.au
1.3 Licence and Website Access
nMerge grants you a limited nonexclusive licence to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of nMerge. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of nMerge. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of nMerge without express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without the express written consent of nMerge. Any unauthorised use terminates the permission or license granted by nMerge. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as the link does not portray nMerge, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any nMerge logo or other proprietary graphic or trademark as part of the link without express written permission.
All content included on this Website, such as text, graphics, logos, button icons, photographic images, audio clips, videos, audio files, digital downloads, portable document formats (PDF’s), data compilations, software, and business processes, is the property of nMerge or its content suppliers or partners, and is protected by Australian and international copyright and trademark laws. The compilation of all content on this Website is the exclusive property of nMerge and protected by the laws which apply in the countries we operate in and international copyright laws. All software used on this Website is the property of nMerge or its software suppliers, and is protected by local and international copyright laws.
1.5 Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY NMERGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NMERGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NMERGE DISCLAIMS ALL WARRANTIES. NMERGE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM NMERGE ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. NMERGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
To the extent that liability cannot be excluded, the liability of nMerge, its directors, officers, employees and consultants is limited to the cost of the service nMerge provides to the Client.
To the greatest extent possible by law, the Client must indemnify and hold harmless nMerge, its officers, employees, agents and related companies (“Indemnified Persons”) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Person in connection with the provision of the Service by nMerge, except the Liability arising from the negligence or default of any of the Indemnified Persons.
2.0 Terms of Service
When you visit nMerge, send e-mails to us or communicate via other digital channels, you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.
We will communicate with you by e-mail or, in certain circumstances, by posting notices on this Website. We will endeavour to have one of our consultants respond to your query within a reasonable timeframe, depending on the nature of the question and the supporting information that you provide.
We reserve the right not to respond to any query, which is sent to us.
You can elect to discontinue all future correspondence from nMerge by informing us of your desire to do so. nMerge will not be responsible for any loss of data or advice resulting from the Client selecting to unsubscribe their details.
2.2 Client Information
If you use this Website, you are responsible for maintaining the confidentiality of any username and password required to access the Website, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your username.
When accessing certain areas of the Website, you may be required to enter your email/username and password each time. Since access to these areas is protected by your email/ username and password, it is very important that you protect this information by ensuring it is ONLY known to you. To protect your personal details, we recommend that you do not disclose your password to anyone, including family members and friends.
nMerge will not be held responsible for any access gained by third parties to your personal details, whether the login details were provided by you or were otherwise obtained.
The Website offers a number of Services, including free questionnaires that Clients can elect to complete, as well as informative and instructions videos, blog posting, discussion forums and documents.
These Services have been designed to:
– Communicate information to you;
– Gather additional information about you;
– To provide you with an indicative or informative information that may or may not be of use to your business;
– Respond to specific queries raised by you; and
– Allow you to discuss business related issues with other users of our Website.
– You should not rely on this information or the result generated by these any of these Services alone as advice.
If you wish to obtain a more detailed and realistic assessment of your business need, you should contact nMerge directly and schedule a Consultation with a consultant. A Consultation is a meeting conducted face-to-face or via telephone or video conferencing services (including Internet based services) with a consultant which is designed to gather more detailed information about you to assist us in providing you with a more personalised Service and advice. A Consultation Fee may apply.
Any pre-paid Consultation Fee associated with a Consultation will be forfeited if you do not contact our office within five (5) minutes of the booked consultation time and do not provide at least twenty-four (24) hours notice of cancellation. If you need to cancel or reschedule the consultation, you can provide notice via the contact details outlined provided, within the 24 hour period specified.
As these Consultations are a one-time exclusive engagement, no further information will be provided at its conclusion. Any further Consultations, by any means, with one of our consultants is not covered by the Consultation Fee. If a further Consultation(s) is desired and/or required, you may choose to purchase an additional Consultation service.
2.4 Information Provided by the Client
nMerge will, in the Provision of the Service, use and rely on the information you provide. nMerge will not independently verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information you provide must be correct. If the information you provide is not correct or not complete, the Service may not be accurate and nMerge cannot be held responsible for the information it provides to you.
Any information provided to you should not be used by any third party as each case varies depending on, amongst other factors, the particular circumstances specific to you and any other associated applicants.
2.5 General information only
THIS WEBSITE CONTAINS, AND ITS ASSOCIATED SERVICES PROVIDE, GENERAL INFORMATION ONLY. The opinions, advice, recommendations and other information contained in this Website or sent to you via physical or electronic means, whether express or implied, are published or made by nMerge, and by its employees, officers and agents in good faith in relation to the facts known to it at the time of preparation. nMerge has prepared this Website without explicit consideration of the objectives, situation or particular needs of any individual or business, and you should not rely on the opinions, advice, recommendations and other information contained in this Website alone.
2.6 Partner firms
nMerge may provide its services through, or in conjunction with, one or more of its affiliates, partner firms or agents. References in this document to “nMerge”, “we” and “us” shall, save where the context otherwise requires, include any such parties. nMerge has no obligation to inform you if it uses an affiliate, partner firm or agent to provide you with any services, or changes the affiliates, partner firms or agents it uses to provide these services.
3.0 Fees, refunds and termination
Unless otherwise stated, all fees are quoted in Australian dollars. You are responsible for paying all fees and applicable taxes associated with our Services using one of our accepted payment methods.
You agree that services fees:
– Are deemed earned once paid;
– Are subject to the terms of termination outlined in this agreement; and
– Will be deposited into the nMerge Bank Account within 7 days of receipt, as applicable.
3.4 Refunds Policy
As soon as payment is received, the Client is deemed to have engaged the Services of nMerge. Our Service is our professional advice and expertise. Once the Service has been provided to you, it cannot be returned, whether or not you have changed your mind or you no longer wish to utilise it.
If you submit a written refund request within eight (8) hours of payment, you may be entitled to a refund if the Service has not yet been provided to you and/or work has not commenced.
All refunds remain strictly at the discretion of nMerge and will be less any associated banking and administration fees. In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for your payment. If this card is no longer valid, you will be responsible to make arrangements with your bank or credit provider to have the funds transferred.
Please note that this policy does not apply for the services covered by an nMerge Consultancy Agreement.
3.4 Termination of Service
nMerge reserves the right to terminate service at any time. Termination includes cancelling your registration with or ability to have full or partial access to this Website and/or any other Service provided to you by us.
nMerge reserves the right to terminate these services for any reason, including any improper use of this Website; the provision of false or misleading information; or your failure to comply with these Terms & Conditions.
4.0 Internal Complaints Procedure
nMerge is committed to providing its clients with the highest standard of service. Our complaint handling process is designed to ensure that clients’ concerns are treated seriously and addressed promptly and fairly. In many instances, we have found that your consultant will be able to help resolve your concerns.
All complaints must be submitted in writing to:
Attn: Richard Sharp, Managing Director
All such written complaints will be acknowledged in writing within the next five (5) Working Days. A review will be conducted and a response should be provided to within 10 – 15 Working Days. All Clients will receive written notification of any investigation undertaken and the resolution achieved.
Our commitment to our client is genuine.
5.0 Other matters
The Terms & Conditions shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with these Terms & Conditions.
No person has been authorised to give any representations on behalf of nMerge in regards to the subject matter or the terms of these Terms & Conditions.
Headings in these Terms & Conditions are for convenience only and do not affect the interpretation of these Terms & Conditions.
nMerge may vary any of these Terms & Conditions and any other information relating to the Service at any time, and your subsequent use of the Website will be governed by the varied Terms & Conditions.
In the event that any of the provisions of these Terms & Conditions are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
6.0 Contact us
For further information or enquiries regarding our Terms & Conditions, please contact nMerge at email@example.com or on +61 3 9763 9111.