Legal

Terms and Conditions of Use and Sale

Last Revised: August 1, 2018

Agreement to be Legally Bound by Terms: This Agreement (the “Agreement”) represents a legally binding, contractual agreement between you (“you”) and Mercku Inc. (referred to as “Mercku”, “us”, “our” or “we”).

This Agreement governs your use of any website operated by or on behalf of Mercku from which we link this Agreement(each, a “Website”) as well as your use of any of our products, including without limitation the Mercku Wi-Fi Router (“Products”).

By using a Website, including without limitation, by using any Website Content (defined below), using a Product, or clicking any button to indicate your acceptance of this Agreement, you are:

  • representing that you are a resident of USA or Canada (excluding Quebec), and that have reached the legal age of majority in your jurisdiction of residence;
  • indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of our Websites and any Products, services, materials, or information available on or through a Website;
  • agreeing to comply with all applicable laws and regulations as they may change from time to time; and using the Website and any Products for your personal non-commercial use. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.

Privacy: Without limiting the generality of this Agreement, your use of a Website and/or any Product is also subject to the terms of the Mercku Privacy Policy (the “Privacy Policy”). Please carefully review our Privacy Policy. When you choose to use a Website, or use a Product, you are agreeing to the collection, use and disclosure of the information you share with Mercku and its affiliates, as explained in this Agreement and our Privacy Policy.

Modification of this Agreement by Mercku: Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement, including without limitation, intellectual property, user content, restrictions, and the disclaimers and limitations of liability, at any time without incurring any liability or obligation whatsoever to you or any other person or entity.

If we amend this Agreement, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered with us or we are otherwise required to provide you notice under the applicable law, we will provide you notice using email and/or your mailing address, or any other contact information or other information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect.

Providing information to Mercku: If you provide information to us through a Website or our product, you agree:
(i) that you will provide complete and accurate information about yourself. You are solely responsible for the accuracy of all information that you provide to Mercku. In the event that you do not provide accurate information, or Mercku has reasonable grounds to suspect that you have not provided accurate information, Mercku shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.

Unless otherwise indicated, all dollar amounts on the Website are in Canadian or U.S. Dollars.

Mercku Not Responsible for Errors: Information (including, but not limited to, information relating to Product descriptions, pricing, colours, promotions, offers, and/or availability) provided by Mercku on a Website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on a Website that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions if any information on a Website is erroneous or inaccurate at any time without prior notice.

Electronic Transmissions: The transmission of data or information over the internet may not be secure, and is subject to possible loss, interception or alteration. Mercku does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using a Website.

Ownership of Websites: The Website(s) consist of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by Mercku and/or other individuals or entities. All such Website Content and the intellectual property rights all Products are owned by Mercku and/or the applicable third party.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website, the Website Content, and/or the Products, in whole or in part, except as expressly authorized by Mercku.

Trade-Marks: Certain names, graphics, logos, icons, designs, words, titles or phrases contained within a Website, the Website Content, and the Products may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Mercku or other third party individuals or entities.

Limited Licenses: Limited License to use Website: Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s).

User Conduct and User Content: Certain features and/or portions of a Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use a Website to upload, post, communicate or other submit or transmit through, or to, a Website any User Content that:

  • may, in the sole and absolute discretion of Mercku, degrade, tarnish, disparage, or deprecate Mercku, and/or any of its Products or services, including without limitation any Website, and/or the public image or standing in the community of Mercku or any of its affiliates;
  • is deemed, in the sole and absolute discretion of Mercku to be defamatory, trade libelous, pornographic or obscene;
  • contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

License to use User Content: By providing User Content, you:

  1. grant to Mercku a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, publicly display, distribute, translate and create compilations and derivative works from, or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through a Website; and
  2. waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through a Website in favour of Mercku and anyone authorized by Mercku to reproduce or otherwise use such materials.

Privacy Policy

Last revised: October, 2021

Mercku Privacy Policy

Mercku Inc. and its affiliates (referred to as "Mercku", "us", "our" or "we") highly value privacy of their customers ("you", "your" or "yourself"). To ensure that our customers are aware of how their Personal Information is being collected, used, stored, shared, and protected we have designed this extensive policy. Moreover, the policy will also help you understand the rights you hold over your Personal Information and will also guide you how to contact us in case of queries or concerns regarding your Personal Information.

Scope: This policy applies to all 'services' that Mercku offers to its customers:

  • Hardware (Mesh routers)
  • Software (App)
  • Website
  • Technical support services and subscription services.

International Scope: For international users, by accessing our website and products you are providing us with your personal data, and you acknowledge that your data can be collected, processed, and stored by Mercku and its affiliates in Canada and other countries where our service providers currently reside.

What is Mercku? Mercku is a proudly Canadian Smart Home company with a mission: to innovate and improve daily life.

What customer information we collect? Personal information is information about an identifiable individual, such as name, address, telephone number, email address, or payment information ("Personal Information"). Mercku collects your personal information when you voluntarily provide it through our website or when you provide it to us through other means such as app or other services.

What are Mercku's data collection practices? Mercku ensures that your data is collected in a secured and transparent manner.

Data protection measures: The security of your Personal Information is important to Mercku. We protect your Personal Information by maintaining physical, organizational, and technological safeguards intended to help protect against unauthorized use, disclosure, or access.

How do we share your personal information? Mercku ensures that your personal information is disclosed only with your consent for whatever purpose.

Your rights and choices According to European Union’s General Data Protection Regulation (“GDPR”), you are entitled to certain rights regarding what personal information Mercku holds about you and certain choices as to what information we collect from you, how we process it and how we share it.

  • Right to access: This right entitles you to request us for a copy regarding the information we maintain about you.
  • Right to rectification: This right entitles you to request Mercku to amend your personal information if you believe that it is incorrect or invalid.
  • Right to erasure: This right entitles you to request Mercku to delete/erase your personal information only under specific conditions.

Children's privacy: Mercku does not knowingly collect Personal Information from children. If a child has already provided us with Personal Information, his or her parent or guardian may contact us for the purpose of deleting this information.

How to reach us: For any queries relating to how we collect, process, and share your data, for any complain and to exercise your rights you can contact us at our company email and mailing address mentioned below:

Company Email: connect@mercku.com

Mailing address:
Headquarter (Canada): Mercku Inc. 3600 Steeles Avenue East, Suit C108B Markham, Ontario L3R 9Z7 Canada

Warranty
Mercku Manufacturer’s Limited Warranty Terms and Conditions

Warranty Period
Mercku Inc. (“Mercku”) warrants to the original purchaser of our manufactured router product ( “Product”) that the hardware components of the Product are free from defects in materials and workmanship for a period of one (1) year from the date of original purchase...

Limitations of Warranty and Liability
Subject to applicable law, this Product Warranty is provided only to the original consumer purchaser of the Product and is not transferable from the original consumer purchaser. To the maximum extent permitted by applicable law, no representation or warranty is made with respect to any services that may be delivered or made available in connection with the Product.