User Terms & Conditions

Welcome to Merlin Global. Please read these terms and conditions (“Terms” or “Agreement”) prior to completing the registration for an account with Merlin Global. By registering to Merlin Global or using the Merlin Global website, you accept and agree to be legally bound by these Terms and the terms of each and every Merlin Global product or service you are availing.

These Terms shall be effective, valid, and binding from the time of your agreement which is from the time of your registration, activation, or use of the Merlin Global Website, and will exist up to the time that it is terminated by you or us, save for those terms and conditions that will survive and remain effective after termination as stated in these Terms, pursuant to law or regulation, or whose operation necessarily requires survival after the termination.

Merlin Global reserves the right to modify these Terms at any time without any prior notice. Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the Merlin Global Website after any changes to these Terms have been made effective, you signify your agreement on a prospective basis to the modified or revised Terms. Kindly periodically visit this page to ensure familiarity with the latest version of the Terms.

Under these Terms, the terms “Merlin Global”, “we”, “us”, and “our” refer to Phoenix Payments Limited including its directors, officers, representatives, partners, affiliates, successors and assigns.” Account Holder”, “User”, “you”, and “your” refer to the individual who uses the Merlin Global website and registers for, and avails of the Merlin Global Services.

Merlin Global is authorized and regulated by the Central Bank of Seychelles.

1. BASIC TERMS

1.1 You must be at least eighteen (18) years of age to register for a Merlin Global account. By registering, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to agree with these Terms. If you are below eighteen (18) years old, but above six (6) years old, parental consent or legal guardian consent will be required of you. Further, however, even with parental consent or legal guardian consent, the parents or legal guardian shall remain the Merlin Global Account owner or administrator and shall be bound by these terms and conditions. Those ages six (6) years old and below are not allowed to register and use any of Merlin Global Services. Merlin Global assumes no responsibility or liability for any misrepresentation of your age.

1.2 If Merlin Global Services are for the use and for the benefit of a business entity, you represent, warrant, and covenant that you are duly authorized to do business and your officers, employees, representatives, and agents accessing or using Merlin Global are duly authorized to access and use the Merlin Global Services and to legally bind you and your business entity to these Terms and all transactions conducted under your Username and password.

2. REGISTRATION TO Merlin Global WEBSITE

2.1 When you accept these Terms, you are setting up your Merlin Global Account that is associated with your email address. Depending on the specific Merlin Global Service that you are availing, you will be asked to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, employment data, photo of yourself, and signature in accordance with the KYC requirements of the Central Bank of Seychelles. We may also verify your registration information through a third-party verification partner/service provider, as we may deem necessary. In some cases, we may also ask you to provide additional details or information that can aid in verifying your identity.

2.2 You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification process. The information you provide will be used to determine if you are eligible to use the Merlin Global Website. We reserve the right to suspend, deactivate, or limit your access to your Merlin Global account in the event that we are unable to obtain or verify your information.

2.3 You are responsible for providing accurate registration information, keeping your registration information up to date, and notifying us in the event of any changes to the same.

3. ACCOUNT SECURITY

3.1 You shall keep your Merlin Global Account data confidential and secure at all times. These shall not be disclosed to anyone. You shall be responsible for the security of your Merlin Global Account. All transactions made using the Merlin Global website are conclusively presumed made by you, and you shall be liable therefor.

3.2 You agree to assume full responsibility and liability for all transactions made in your Merlin Global Account. You acknowledge and agree that your password is known only to you and as such, any transaction using your Password shall be presumed to be done by you.

3.3 You agree that Merlin Global, at its sole discretion, is entitled to act on the instructions received from you through the Merlin Global website. You shall hold Merlin Global free and harmless from any Claims arising from the use of your password unless such Claims are due to the gross negligence of Merlin Global.

3.4 The security and proper care of the Merlin Global Account, and other security verification requirements shall be your sole responsibility.

4. The Payment Account Services

Merlin Global provides the technology to allow payments, including the platform that connects users with Network Partners, such that users can perform the following services:

  1. Make a Multicurrency Account
  2. Transfer funds to other parties for the purchase of goods and services
  3. Collect payments for goods and services
  4. Hold funds and savings account
  5. Open an Offshore Bank Account

5. Opening an Account with Us

5.1 You agree to abide by these terms and conditions. You understand that failure to abide by these terms and conditions is subject to Merlin Global applying reasonable penalties to you and your Account, including but not limited to charges, suspension and/or termination of your Merlin Global Account, and proper reporting to the applicable authority of the law, rules, and regulations that govern Merlin Global.

5.2 You will pay all obligations, fees, and overdrafts that may be imposed depending on the Service that you availed. Merlin Global has the right to deduct from your Merlin Global Account any charges that are due and demandable to Merlin Global. In the event that the amount of your transactions exceeds the available balance in your Merlin Global Account (“Overdraft”) and the transaction was allowed or consummated for any reason, Merlin Global has the right to debit the Overdraft from your Merlin Global Account by way of compensation. If the amount in your Merlin Global Account is insufficient to pay for some or all of the Overdraft, Merlin Global has a right to collect the Overdraft from your other accounts with Merlin Global or ask you to top-up your Merlin Global Account to pay the Overdraft. Non-payment of the Overdraft after notice has been made shall allow Merlin Global to either suspend or close the Account.

5.3 You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from Merlin Global. You further agree not to use the Services for any commercial use, without prior written authority from Merlin Global.

5.4 You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.

5.5 You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions that may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of the repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

5.6 You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict the use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.

5.7 You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of Merlin Global including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

5.8 You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.

5.9 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.

5.10 You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Merlin Global. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

5.11 You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks that are connected to the Services.

5.12 You undertake to provide us with: (a) true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentation as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient; and (e) any other information that must be provided for the Service to be properly executed, as specified when you enter the details of the Service you are interested. You agree not to conceal your true name or use a fictitious name.

5.13 Once you confirm the Transaction or ask Merlin Global to proceed with the Transaction, you agree that you may not cancel nor reverse such transaction. Merlin Global shall proceed with crediting the account of the Recipient and once the money or fund is in the account of the Beneficiary or Recipient, Merlin Global cannot reverse nor deduct such account without the proper court order or authorization.

5.14 You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes on the rights of Merlin Global or others, which includes but is not limited to 1) selling, leasing or giving your Account to a third party, 2) earning monies, goods or services by performing transactions using the Services for a third party, and 3) acting as a remittance agent using the Services. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Merlin Global or by the owner of that content, material or information in a separate agreement.

5.15 YOU AND USER CONTENT

5.15.1 You agree to and hereby undertake the sole responsibility and hold Merlin Global free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to Merlin Global for whatever loss or damage Merlin Global may suffer as a consequence of your use or misuse of the Services.

5.15.2 You agree not to share, create, upload, transmit or display User Content using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Merlin Global to use any and/or all User Content that you create, upload, transmit, or display using the Services.

5.15.3 You agree not to share, create, upload, transmit or display any material, information, or User Content, using the Services, which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in a pyramid, ponzi, or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.

5.15.4 You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Merlin Global to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant Merlin Global perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner Merlin Global may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm, and warrant to hold Merlin Global free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Merlin Global made available your User Content.

5.15.5 Unless otherwise agreed in writing with Merlin Global you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that Merlin Global is not responsible for the actions of other users or any third party and hereby free Merlin Global and waive in its favor any or whatever right or claim you or your principal may have against Merlin Global relative to any User Content which you or a third party may create, upload, transmit or display using the Services.

5.15.6 You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server but still allows us to authenticate you when you sign into the Services.

5.15.7 You agree that by supplying your personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes an authorization for Merlin Global to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, or any such persons as Merlin Global deems necessary, or as required by laws, rules or regulations.

6. User Representation and Warranties

6.1 By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Merlin Global and you.

6.2 You must be more than 18 years of age or if less than 18 years of age, must possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms, relative to the applicable laws, rules and regulations of Seychelles.

6.3 You warrant that all information you provided Merlin Global is true, correct and accurate. You further warrant that in case of any change in the circumstances that affect the information you have provided to Merlin Global; you shall inform Merlin Global of such changes within fifteen (15) days from the occurrence of the said change.

6.4 You declare and represent that you do not have or are not using other Merlin Global Accounts of the same nature and profile to perform any transactions, and avail of the Services. You also understand that you have the responsibility of declaring other Accounts you may have to Merlin Global, and you authorize Merlin Global to perform required actions (including but not limited to suspension of closure of the other Accounts) to ensure that you only own and use one Merlin Global Account to avail of the Services. Further, for transactions to be performed using your account, you declare, represent and warrant that you, and no other persons or parties, shall input the required information as instructed in the Services, and shall initiate and complete the transaction unless you duly authorize other persons or parties to perform transaction/s on your behalf, provided valid and lawful evidence of authorization.

6.5 By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material or information from a variety of sources and that Merlin Global is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user-generated, submitted or otherwise, including those content, material or information that may be linked to it.

6.6 You further understand and acknowledge Merlin Global may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that Merlin Global shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Merlin Global harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

6.7 By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that Merlin Global shall not be liable for, and you hereby hold Merlin Global free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify Merlin Global for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services contrary to these Terms and Conditions. You further agree, undertake, and commit to indemnify Merlin Global for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.

6.8 You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights that may cover any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.

6.8 If the Services are suspended under sub-Clauses 5.6 or 5.7, you will not be required to pay for them during the period of suspension. You must, however, pay for any services that you have already received from Us by their payment due date(s).

6.9 You acknowledge that any User Content that you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by Merlin Global for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content that you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold Merlin Global free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, as a result of your act of giving information, including personal information, password or codes to generate transactions in your Merlin Global Account, whether voluntary or involuntary.

6.10 You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Merlin Global and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such provisions of these Terms and Conditions that apply to acts done prior to termination shall survive the termination of your account with Merlin Global.

7. THIRD-PARTY CONTENT & SERVICES

7.1. The Merlin Global Services contains content provided by third-party services and resources. You acknowledge and agree that Merlin Global is not responsible or liable for: the availability or accuracy, appropriateness, completeness, or non-infringement of such third-party services; or the content, products, or services available on or through such third-party services. Unless specified by us, the availability of such third-party services does not imply any endorsement by us of such third-party services or the content, products, or services available therefrom.

7.2 You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the application and the Merlin Global Services or in any Third-Party Services.

7.3 Merlin Global makes no representation or warranties whatsoever about any service, content, and/or any other resources provided by the Third Party.

8. RESERVED RIGHTS

We reserve, at our sole discretion but without obligation, the right to:

8.1 deny access to and/or discontinue the Merlin Global Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold Merlin Global free from any Claims arising or that may arise out of any such denial of access to or the discontinuance of Merlin Global Services.

8.2. collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any User, explicitly or implicitly to and through the Merlin Global Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Merlin Global free and harmless from any Claims arising or that may arise out of such collection, screening, review, flagging, filtering, modification, blocking, refusal, or removal of any and/or all information provided by any User to and through the Merlin Global Services.

8.3 enhance, improve, develop and introduce new features and functionalities to the Merlin Global Website at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature, and/or new functionality to the Merlin Global Website shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

8.4 verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Merlin Global to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to (a) receive and process Merlin Global’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Merlin Global, provide the latter with certified digital or printed copies of the said information.

8.5. send you or cause to send you service updates and/or messages, including SMS, notifications, email, and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Merlin Global Website. Merlin Global makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Merlin Global free and harmless from any Claims for indemnification or damages that may arise therefrom.

8.6 set limitations to and charge fees and applicable taxes for the use of the Merlin Global Services, at any time and with prior notice when so required. You further understand and agree that Merlin Global reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Merlin Global Services, at any time and with prior written notice to you thirty (30) days prior to the effective date of change in fees/charges/penalties.

8.7. to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Merlin Global reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Merlin Global Services from any or various locations outside the Republic of Seychelles. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of Merlin Global Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

9. FEES, RATES, AND OTHER CHARGES

9.1 You agree to pay fees, rates and other charges and applicable taxes, related to the Service and its use, as may be imposed by Merlin Global.

9.2 All Fees are non-refundable.

9.3 Fees and other charges, as may be applicable, shall be inclusive of all applicable Seychelles taxes and shall be debited from the Account Holder’s Merlin Global Account or paid upfront.

9.4 Should these fees and other charges result in a debit balance in the Account Holder’s Merlin Global Account, the amount shall be due and demandable from the Account Holder and/or debited from the Merlin Global account upon the availability or replenishment of funds thereof without prior notice.

9.5 The amount of fees and charges may be revised from time to time as Merlin Global may deem necessary, effective immediately upon notice to Account Holders.

10. EXCLUSION FROM LIABILITY

10.1 Merlin Global makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.

10.2 To the maximum extent permitted by law, Merlin Global shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of Merlin Global Services.

10.3 Merlin Global does not guarantee the availability, reliability, or security of Merlin Global services and shall not be held liable for any interruptions, delays, or loss of data.

11. INTELLECTUAL PROPERTY

11.1 All intellectual property rights, including but not limited to software, algorithms, designs, and trademarks, belong to Merlin Global.

11.2 You may not reproduce, modify, distribute, or create derivative works based on Merlin Global’s services without Merlin Global’s prior written consent.

12. DATA PRIVACY

12.1 Data Collection

Merlin Global shall keep the information and files received from you or from third parties in the strictest confidence. By providing information to Merlin Global for the purpose of using the Merlin Global Website and availing Merlin Global Services, you expressly consent to the processing of your supplied User data, as may be applicable for your pertinent transaction using the Merlin Global Website. Your data may either be Personal Information or non-personal information.

For the avoidance of doubt, “Personal Information” means any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, the data that would help Merlin Global verify (i) the User’s identity such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable; (ii) the location of User’s device whether desktop, laptop, or mobile device whenever User accesses the Merlin Global Website; and (iii) the navigation experience when accessing Merlin Global Website to see activities done in the channels, the pages visited and the sequence thereof.

12.2 Use of User Data

Merlin Global uses Personal Information to the extent necessary to comply with the requirements of the laws and legal processes, including orders of governmental agencies, courts, and tribunals; to comply with a legal obligation; or to prevent imminent harm to public security, safety, or order. Merlin Global uses non-personal information for statistical, analytical, and research purposes to create anonymous and aggregate reports.

When required by Merlin Global’s Data Privacy Policy and the laws, and before Merlin Global uses or processes the User’s data for any other purpose, Merlin Global will secure the User’s consent. The User has the right to access, correct, object, remove, and transport his information. However, the User requesting to remove and/or transport his information from Merlin Global’s system will result in the deactivation of his Merlin Global Account and termination of this Agreement.

13. AMENDMENTS

13.1 We may modify or update this Agreement from time to time. Any changes will be effective upon posting the revised Agreement on the Merlin Global Website.

13.2 Your continued use of the Merlin Global Website after the effective date of the revised Agreement constitutes your acceptance of the modified terms.

14. GOVERNING LAW AND JURISDICTION

14.1 This Agreement shall be governed by and construed in accordance with the laws of Seychelles.

14.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Seychelles.

15. SEVERABILITY

Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

16. AGREEMENT

The Account Holder agrees to be bound by the Terms and Conditions, Terms of Service and the Privacy Policy governing the issuance and use of the Merlin Global Website. Should the Account Holder disagree with the Terms and Conditions, Terms of Service and the Privacy Policy, the Account Holder shall stop the use of the Merlin Global Website and deactivate his account thereof. Otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the Merlin Global Website.

17. CONTACT US

By using the Merlin Global Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you have any questions or concerns, please email us at support@ourmerlin.com .