Last updated: 28-08-2023
Thank you for using Mereka Connect!
This User Agreement (“Agreement”) is a binding legal agreement between you and Mereka Innovative Education Sdn Bhd (1239397-T) that governs your use of the websites and applications from Mereka Connect (collectively, the “Mereka Connect”, “we,” “us,” or “our”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a user of Mereka Connect.
Subject to the conditions set forth herein, Mereka Connect may, in its sole discretion, modify this Agreement and any of the other agreements that comprise the Terms of Service at any time by updating the “Last Updated” date on these Terms of Services. We will also provide you with reasonable advance notice of any material changes by posting the updated Terms of Service on Mereka Connect, providing notice on Mereka Connect, and/or sending you notice by email. If you disagree with the revised Agreement, you may terminate this agreement immediately as provided in this Agreement. If you do not terminate your agreement before the date the revised Agreement becomes effective, your continued access to or use of Mereka Connect will constitute acceptance of the revised Agreement. Any revisions to the Agreement will take effect on the noted “Last Updated” date. Any rights of Mereka Connect not expressly granted herein are reserved.
You acknowledge that by using Mereka Connect after the Last Updated date, you agree to be bound by the Terms of Service. If you do not accept this Terms of Service in its entirety, you must not access or use Mereka Connect or any services provided by Mereka Connect after the Last Updated date except as permitted by other agreements.
If you agree to the Terms of Service on behalf of a corporation or legal entity, or in connection with providing or receiving services on behalf of a corporation or legal entity, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Service and agree that you are binding both you and that entity or agency to the Terms of Service. In that event, “you” and “your” will refer and apply to you and that entity or agency.
If you are a Hub, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Hub Services.
Table of Contents
Mereka Connect, in its simplest form, is a booking platform meets knowledge center. Developed by a team with years of experience in operating a makerspace coupled with a passion for tech-driven social innovation and education, Mereka Connect was born from the realization that a lack of accessibility to resources and expertise was severely hindering ideation and innovation.
Through Mereka Connect, verified accounts that host experiences (“Experiences”), list spaces (“Spaces”), and onboard experts (“Experts”) in their possession are “Hubs”. These services are collectively “Hub Services”, and each Hub Service offering, is a “Listing”. Registered accounts that search for or book any of the Hub Services are “Users” and can eventually verify as Experts once applied successfully.
Mereka Connect does not own, control, offer or manage any Listings or Hub Services. Mereka Connect is not a party to the contracts concluded directly between Hubs and Users. Mereka Connect merely facilitates connections between the parties.
Continuous Development Agreement
1.1 Acceptance of the Terms of Service
Welcome to Mereka Connect! (a.k.a. “we” or “us” or the “Company”). We are excited to have you and using our services. The following terms and conditions (together with any documents and hyperlinks referred and attached to them; collectively, these “Terms of Service”) will apply to any of your use of Mereka Connect including but not limited to registration of account, booking and reservation processes, payment and commitment. This will also include any content, functionality and services offered on or through Mereka Connect (the “Website”).
By using the Website, you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the website or get in touch with us at [email protected]. Mereka Connect is all about collaborating for improving our terms and providing quality services, and we will be happy to provide help as extensive as possible, according to our Terms of Services which include policies and agreements.
1.2 Changes to the Terms of Service.
1.3 Accessing the Website and Account Security
Mereka Connect is committed to constantly improving its user experience and features with continuous development, meaning that there is a possibility of some changes from time to time. We reserve the absolute right to withdraw or amend, even extensively, this Website, and any service or information we provide on the Website, in our sole discretion without notice. Likewise, we will not be responsible and/or liable under any conditions or circumstances at all or any part of the Website is inaccessible at any time or for any period. As said, Mereka Connect is in continuous development and rolling new features may in turn affect and impact the reliability of the Website. From time to time, we may confine admittance to certain parts of the Website, or the entire Website, to users, including registered accounts.
To access and use the Website for our services, whether you are a Hub or User, you are to register or create an account consisting of username, password or any other piece of information as part of our security procedures. You agree to immediately notify the Company of any unauthorized use of your username or password or any other breach of security. You should maintain particular caution when accessing your account from a public or shared computer so that others are not able to view, record, access or change your password and/or other personal information.
In the future, you may be asked to provide certain registration details or other data relating to account maintenance. It is a condition of your use of the Website that all the information you provide on the Website is authentic, accurate and complete.
We have the right to disable any account identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.
1.4 Disclaimer of Warranties, Limitations of Liability and Indemnification
Because the Website is in continuous development and is not error or bug-free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.
Your use of Mereka Connect is at your sole risk. The service is provided on an “as is” and “as available” basis. In particular, you acknowledge that technical support is only provided via email or by any means as stated in our Terms of Service, in English; that we use third-party vendors and hosting partners to provide the necessary service and related of such service required to run bookings on the Website; that the technical processing and transmission of the service, including User Content, may be changed to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any services, information, or other related properties obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that Mereka Connect shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mereka Connect has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of services resulting from any data, information or services purchased, obtained or messages received, transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Mereka Connect Accounts
2.1 Signing Up
To access and use a certain portion of Mereka Connect, you must first register for an Account (an “Account”). Mereka Connect reserves the right to decline a registration to join Mereka Connect or to add an Account of any type (i.e., as a User or Hub), for any lawful reason or business considerations. You are responsible and liable for activities conducted through your account and must immediately notify Mereka Connect if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
To register for an Account or use Mereka Connect, you must, and hereby represent and warrant that: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); and (b) are either a legal entity or an individual who is 16 years or older and is able to form legally binding contracts; and (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Hub Services; and (d) are responsible for maintaining the security of your account and password, and any actions taken by your account.
To register for an Account to join Mereka Connect, you must complete a User profile (“Profile”), which you voluntarily disclose and make publicly available on your Profile. You agree to provide true, accurate and complete information on your Profile and all registration and other forms you access on Mereka Connect or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, location, business, skills, or the Hub Services you provide and to correct any such information that is or becomes false or misleading.
2.4 Account Types
You will register as a User by default on Mereka Connect. However, you can apply to add the other Account types under the same username and password such as Expert or Hub Account. Your application to add other Account types will be subject to Mereka Connect’s verification process and we reserve the right to decline the application or revoke the privileges of the Account or access to or use of Mereka Connect, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. You represent and warrant that the authorized User is to act on your behalf; and you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into any of the Hub Services’ contracts and Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use Mereka Connect.
When you apply to add an Expert of Hub Account type, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, location, and ability to act on behalf of your business on Mereka Connect. You authorize Mereka Connect, directly or through third parties, to make any enquiries necessary to validate your identity, location, and confirm ownership of your email address, subject to applicable law. You may be required to provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
Mereka Connect for Users
Users are those who wish to develop new skills, connect with peers and expand their horizons. From students to entrepreneurs to hobbyists, absolutely everyone can be a User and find something that suits their needs and interests. To understand more about how Mereka Connect can accelerate your learning or upskilling journey, please click here.
3. Searching and Booking on Mereka Connect
You can search for Hub Services by using criteria including but not limited to the type of Hub Services, topic, accessibility, level, dates and location. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous Hub Services and saved Hub Services, Hub requirements, and more.
When you book any Hub Services, you are agreeing to pay all charges for your booking including the price, applicable fees like taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Hub Services (sometimes called a booking in these Terms of Service) is formed directly between you and the Hub. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Hub. Learn more about booking, payments and billing in our Help Centre.
3.3 Hub Services Booking
A Space booking is a limited license to enter, occupy, and use the Space. The Hub retains the right to re-enter the Space during your booking, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Hub, and (iii) consistent with applicable law. If you stay past the booking period, the Hub has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Users.
An Experience booking entitles you to participate in, or attend a workshop, talk, course or program physically or virtually in one of our verified Hubs. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Hub of any medical or physical conditions, or other circumstances that may impact your ability to participate or attend the Experience. Except where expressly authorized, you may not allow any person to join an Experience unless they are included as an additional guest during the booking process.
An Expert booking entitles you to engage a service from an Expert subject to hourly or fixed charges.
4. Cancellations, Booking Issues, Refunds and Booking Modifications
4.1 Cancellations, Booking Issues, and Refunds
In general, if as a User you cancel a booking, the amount refunded to you is determined by the cancellation policy that applies to that booking. See Cancellation Policy for details about what refund applies in each situation.
4.2 Booking Modifications
Users and Hubs are responsible for any booking modifications they agree to make via Mereka Connect (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
5. Mereka Connect Memberships
As a User on Mereka Connect you may join and become a member of any Hubs. As a Hub’s member, you will have access to exclusive contents, opportunities and resources curated by the Hub. As a Hub’s member, you are subject to membership fees and agree to pay any additional fees or taxes associated with the membership.
6. Responsibilities and Assumption of Risk
6.1 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Hub Services.
For example, this means:
(i) you are responsible for leaving a Space (and related personal property) in the condition it was in when you arrived, and
(ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.
(iii) If you are booking for an additional guest who is a minor or if you bring a minor to a Hub Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
6.2 Your Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of Mereka Connect and any Content (as defined in Section 10), including your booking at any Spaces, participation in any Experience, use of any other Hub Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Hub Service to determine whether it is suitable for you. For example, Hub Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Hub Services.
Mereka Connect for Hubs
7. Hosting on Mereka Connect
7.1 Creating a Stripe Custom Account
When you decide to host on Mereka Connect, you agree and accept to create an account through Stripe to facilitate payments between the platform and Users. Stripe Connect Custom will collect identity verification information from its users to dynamically reflect the connected account’s capabilities, country and business type. It ensures that your usage is optimized. Click here to read more about Stripe Connect Custom.
7.2 Contracting with Users
When you accept a booking request or receive a booking confirmation through Mereka Connect, you are entering into a contract directly with the User, and are responsible for delivering your Hub Service under the Agreement and at the price specified in your Listing. You are also agreeing to pay applicable fees including but not limited to Mereka Connect’s transaction fee and applicable taxes for each booking. Mereka Connect will deduct amounts you owe from your payout unless we and you agree to a different method.
Any Agreement, policies or conditions that you include in any supplemental contract with Users must: (i) be consistent with these Terms of Service, our policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
7.3 Independence of Hubs
Your relationship with Mereka Connect is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Mereka Connect, except that Mereka Connect acts as a payment collection agent via our payment processors. Mereka Connect does not direct or control your Hub Service, and you agree that you have complete discretion whether and when to provide Hub Services, and at what price and on what Agreement to offer them.
8. Listing Hub Services
8.1 Uploading Your Listing
Mereka Connect provides a platform for you to upload, apply and manage Listings for Hub Services. Listing for Hub Services may be subject to review by Mereka Connect’s team to ensure requirements and quality standards have been met. Mereka Connect reserves the right to reject a Listing application for any lawful reason or business consideration. Your Listing must include complete and accurate information about your Hub Service, your price, other charges and any rules or requirements that apply to your Users or Listing. You are responsible for keeping your Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Hub Services. You may have multiple Listings for a Hub.
8.2 Understand Your Legal Obligations
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Hub Services. Check your local rules to learn what rules apply to the Hub Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Users and others in compliance with applicable privacy laws and these Terms of Service. If you have questions about how local laws apply you should always seek legal advice.
8.3 Search Ranking
The ranking of Listings in search results on Mereka Connect depends on a variety of factors, including these main parameters:
- User search parameters (e.g. number of Users, time and duration of the Hub Service, price range),
- Listing characteristics (e.g. price, instant booking availability, number and quality of images, Reviews, type of Hub Service, Hub status, age of the Listing, average User popularity),
- User booking experience (e.g. customer service and cancellation history of the Hub, ease of booking),
- Hub requirements (e.g. minimum or maximum duration, booking cut-off time), and
- User preferences (e.g. previous usage, saved Listings, location from where the User is searching).
Search results may appear different on our mobile application than they appear on our website.
8.4 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Hub Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside Mereka Connect.
8.5 Hub as a Team or Organization
If you work as part of a team, business, or other organization, the entity and each individual who participates in providing Hub Services is responsible and liable as a Hub under these Terms of Service. If you accept this Agreement or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
8.6 Your Assumption of Risk
You acknowledge that Hub Services carry inherent risks and agree that you assume the entire risk arising out of your access to and use of Mereka Connect, offering Hub Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate Mereka Connect and any laws, rules, regulations, or obligations that may be applicable to your Listings or Hub Services and that you are not relying upon any statement of law made by Mereka Connect.
9. Cancellations, Booking Issues, and Booking Modifications
9.1 Cancellations and Booking Issues
In general, if a User cancels a booking, the amount paid to you is determined by the cancellation policy that applies to that booking. As a Hub, you may cancel any confirmed booking for valid reasons and subject to consequences (such as automated reviews, ratings, Hub status), cancellation or penalty fees as explained in the Help Centre. Penalty fees may be varied or waived depending on reasons provided and cancellation timeline. Penalty fees successfully imposed will affect the amount of payout received by you. Mereka reserves the right to suspend your account if you have cancelled a booking more than three times annually without valid reason. Refer to our Help Centre to understand more about how cancellation works.
9.2 Booking Modifications
Hubs and Users are responsible for any Booking Modifications they agree to make via Mereka Connect, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Payments and Billing
Mereka Connect may charge transaction fees (and applicable Taxes) for use of Mereka Connect and will be disclosed to you on Terms of Service or via Mereka Connect. More information about when transaction fees apply and how they are calculated can be found on our Help Centre articles. Except as otherwise provided on Mereka Connect, transaction fees may be included in total prices paid by accounts and are non-refundable. Mereka Connect reserves the right to change the transaction fees at any time, and will provide accounts notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so.
12. Adding a Payment Method
When you add a Payment Method to your Mereka Connect account, you will be asked to provide billing information such as name, billing address, and financial instrument information to our payment processor. You authorize Mereka Connect and its payment service providers to collect and store your Payment Method information.
13. Payment Method Verification
When you add or use a new Payment Method, Mereka Connect may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, you will be given the option to save and add that Payment Method to your Mereka Connect account if you wish, as a default payment option to be used for a future transaction. You can remove the Payment Method from your Mereka Connect account as long as it is not associated with an active or future booking.
14. Payment Authorization
You allow Mereka Connect to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Mereka Connect account.
15. Automatic Update of Payment Method
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
16. Timing of Payment
Mereka Connect generally charges the Total Price due after your booking request has been automatically or manually accepted by Hubs. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
17. Booking Request Status
If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Mereka Connect will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and our third party payment processor.
18. Your Payment Method, Your Responsibility
Mereka Connect is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
19. Payment Collection
Mereka Connect will act as a payment collection agent and generally collects the Total Price of a booking via our third party payment processors at the time the User’s booking request is automatically accepted or manually accepted by the Hubs, unless noted otherwise.
Your Payout for a booking will be the Total Price less applicable fees like Stripe transaction fees and applicable taxes. Subject to and conditional upon successful receipt of payments from Users, payouts must be manually triggered by the Hub to their selected bank account. In the event of cancellation of a confirmed booking, Mereka Connect will remit the amount you are due (if any) as provided in the Terms of Service and applicable cancellation policy.
21. Adding a Payout Method
In order to receive a Payout you must have a valid Payout Method linked to your Mereka Connect account. When you add a Payout Method to your account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Mereka Connect or our third party payment processor. Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Mereka Connect to collect and store your billing information and financial instrument information. Mereka Connect may also share your information with governmental authorities as required by applicable law.
22. Timing of Payout
Subject to and conditional upon successful completion of the Mereka Guarantee Period, you will be allowed to withdraw your funds to your preferred payout method subjected to the minimum amount.
23. Our Payment Processor
24. Your Payout Method, Your Responsibility
Mereka Connect is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
After each Hub Service, Users and Hubs will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates Sections 25 or 26. Reviews are not verified by Mereka Connect for accuracy and may be incorrect or misleading.
27. Mereka Connect Rules
You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair Mereka Connect
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with Mereka Connect.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect Mereka Connect or its Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide Mereka Connect.
- Do not take any action that could damage or adversely affect the performance or proper functioning of Mereka Connect.
- Only use Mereka Connect as authorized by these Terms of Service or another agreement with us
- You may only use another account’s personal information as necessary to facilitate a transaction using Mereka Connect as authorized by these Terms of Service.
- Do not use Mereka Connect, our messaging tools, or an account’s personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through Mereka Connect solely as necessary to enable your use of Mereka Connect as a User or Hub.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms of Service or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of Mereka Connect to avoid paying fees, taxes or for any other reason.
- Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact with a third party website, application or service before, during or after a booking, unless authorized by Mereka Connect.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Hub Services unless you are actually using the Hub Services.
- Do not use, copy, display, mirror or frame Mereka Connect, any Content, any Mereka Connect branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms of Service.
- Do not use the name, logo, branding, or trademarks of Mereka Connect or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Mereka Connect branding.
- Do not offer Hub Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
27.2 Reporting Violations
If you believe that an account, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Mereka Connect. In addition, if you believe that an account, Listing or Content has violated our Terms of Service, you should report your concerns to Mereka Connect. If you reported an issue to local authorities, Mereka Connect may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
27.3 Proprietary Rights Infringements
If you believe that Content on Mereka Connect infringes any proprietary rights including copyrights, please notify us in accordance with our Proprietary Rights Policy.
28. Termination, Suspension and Other Measures
The agreement between you and Mereka Connect reflected by this Agreement is effective when you access Mereka Connect (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with this Agreement.
You may terminate this agreement at any time by sending us a written notice to [Mereka’s email] or by deleting your account. Mereka Connect may terminate this agreement and suspend your account for any reason by giving you 30 days notice via email or using any other contact information you have provided for your account. Mereka Connect may also terminate this agreement immediately and without notice and stop providing access to Mereka Connect if you breach the Terms of Service, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Mereka Connect, its end users, or third parties. If your account has been inactive for more than six months, we may terminate your account by giving you 30 days notice via email.
28.3 User Violations
If (i) you breach these Terms of Service (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Mereka Connect believes it is reasonably necessary to protect Mereka Connect, its end users, or third parties; Mereka Connect may, with or without prior notice:
- suspend or limit your access to or use of Mereka Connect and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Mereka Connect determines in its sole discretion, you will be given notice of any intended measure by Mereka Connect and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a booking is canceled under this Section, the amount paid to the Hub will be reduced by the amount we refund or otherwise provide to the User, and by any other costs we incur as a result of the cancellation.
28.4 Legal Mandates
Mereka Connect may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
28.5 Effect of Termination
If you are a Hub and terminate your Mereka Connect account, any confirmed booking(s) will be automatically canceled and your Users will receive a full refund. If you terminate your account as a User, any confirmed booking(s) will be automatically canceled and any refund will depend upon the Agreement of the booking’s cancellation policy. When this Agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of Mereka Connect has been limited, or your Mereka Connect account has been suspended, or this Agreement has been terminated by us, you may not register a new account or access or use Mereka Connect through an account of another User.
Parts of these Terms of Service that by their nature survive termination, will survive termination of this Agreement, including Sections 2 through 26.
29. Resolving Disputes between Users and Hubs
For disputes arising between Users and Hubs, you agree to abide by the dispute process as explained in Mereka Connect’s Dispute Resolution Centre. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Mereka Connect will not and is not obligated to provide any dispute assistance beyond what is provided in the Dispute Resolution Centre.
If Users or Hubs intend to obtain an order from any arbitrator or any court that might direct Mereka Connect to take or refrain from taking any action with respect to a Mereka Connect account, that party will (a) give us at least fourteen business days prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Mereka Connect, we be paid in full for any amounts to which we would otherwise be entitled; and (c) include in any such order a provision that, as a precondition to any obligation affecting Mereka Connect, Mereka Connect be paid for the reasonable value of the services to be rendered pursuant to such order.
You agree to cooperate in good faith, provide any information Mereka Connect requests, execute documents, and take further reasonable action, in connection with disputes related to your provision or use of Hub Services.
30. Mereka Connect’s Role
We offer a platform that enables accounts to publish, offer, search for, and book Hub Services. While we work hard to ensure our accounts have great experiences using Mereka Connect, we do not and cannot control the conduct of Users and Hubs. You acknowledge that Mereka Connect has the right, but does not have any obligation, to monitor the use of Mereka Connect and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve Mereka Connect (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Service; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms of Service; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Mereka Connect administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for Hubs), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Mereka Connect in good faith, and to provide Mereka Connect with such information and take such actions as may be reasonably requested by Mereka Connect with respect to any investigation undertaken by Mereka Connect regarding the use or abuse of Mereka Connect. Mereka Connect is not acting as an agent for any User except for where Mereka Connect acts as a collection agent as provided in the Payments Agreement.
31. Disclaimer of Warranties
We provide Mereka Connect and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Hub, Hub Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of Mereka Connect; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being “verified” (or similar language) indicate only that the User or Listing or Mereka Connect has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms of Service apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
32. Limitations of Liability
In no event shall Mereka Connect (including its personnel) and any other party involved in creating, producing, or delivering Mereka Connect or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to use Mereka Connect or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of Mereka Connect, or (iv) publishing or booking of a Listing, including the provision or use of Hub Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mereka Connect has been informed of the possibility of such damage, even if a limited remedy set out in these Terms of Service is found to have failed of its essential purpose.
These limitations of liability and damages are fundamental elements of the agreement between you and Mereka Connect. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Mereka Connect’s option), indemnify, and hold Mereka Connect (including Mereka Connect, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms of Service (including any supplemental or additional Agreement that apply to a product or feature) (ii) your improper use of Mereka Connect, (iii) your interaction with any User, booking, participation in an Experience or other Hub Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, booking, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
34. Resolving Disputes Between you and Mereka Connect
Mereka Connect’s Terms of Service will be governed and construed in accordance with the laws of Malaysia without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 34.3 must be brought in state or federal court in Malaysia unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Malaysia.
34.1 Overview of Dispute Resolution Process
Mereka Connect’s goal is to resolve the dispute in a quick and consumer-friendly manner. Accordingly, you and Mereka Connect agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service in accordance with Section 34. You and Mereka Connect each retain the right to seek relief in small claims court as an alternative to arbitration.
Except as provided in Section 34.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
34.11 Changes to Agreement to Arbitrate
If Mereka Connect changes this Section 34 after the date you last accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Mereka Connect (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Mereka Connect.
Except as provided in Section 34.11 and subject to Section 28.6, this Section 34 will survive any termination of these Terms of Service and will continue to apply even if you stop using Mereka Connect or terminate your Mereka Connect account.
34.2 Informal Dispute Resolution
At least 30 days prior to initiating an arbitration, you and Mereka Connect each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Mereka Connect by mailing it to Mereka Innovative Education Sdn Bhd: Lot 1C, Level G1 (A4 Entrance) Publika Shopping Gallery, Solaris Dutamas, 50480 Kuala Lumpur. Mereka Connect will send its notice of dispute to the email address associated with your Mereka Connect account. A notice of dispute must include: the pertinent account information and contact information, a brief description of the dispute, and the relief sought. Both parties will have 60 days from the date of the receipt of the notice to informally resolve the other party’s claim, which, if successful, will avoid the need for further action.
34.3 Agreement to Arbitrate
You and Mereka Connect mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Mereka Connect, Hub Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Mereka Connect agree that the arbitrator will decide that issue. Any such dispute, claim or controversy will be referred to the Asian International Arbitration Centre (“AIAC”), following its current Rules (the “AIAC’s Rules”), with a sole arbitrator chosen by both parties (the “Arbitrator”). If the parties cannot come to an agreement on an arbitrator, the President of the AIAC will appoint the Arbitrator in line with the AIAC’s Rules. The seat and venue of the arbitration will be Kuala Lumpur, and the language of the arbitration will be English. Both parties will equally bear the fees of the Arbitrator. However, the Arbitrator may require that such fees be borne in another manner that the Arbitrator determines, in order for this arbitration clause to be enforceable under applicable law.
34.4 Exceptions to Arbitration Agreement
You and Mereka Connect each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 20): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Mereka Connect agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
34.5 No Class Actions or Representative Proceedings
You and Mereka Connect acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
35.1 No Waiver
Mereka Connect’s failure to insist upon or enforce strict performance of any provision in these Terms of Service will not construct a waiver of such right or provision. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Mereka Connect’s prior written consent in the form of a written instrument signed by a duly authorized representative of Mereka Connect. Mereka Connect may without restriction assign, transfer or delegate any rights and obligations at its sole discretion. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the parties.
To facilitate your use of Mereka Connect, unless specified otherwise, any notices, administrative or promotional communications to Users permitted or required under this agreement, will be provided electronically and given by Mereka Connect via email, Mereka Connect notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.
35.4 Third-Party Services
Mereka Connect may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different Agreement and privacy practices. Mereka Connect is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
35.5 Third-Party Agreement
Some translations on Mereka Connect are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of Mereka Connect implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Agreement of Service.
35.6 Mereka Connect Content
Content made available through Mereka Connect may be protected by copyright, trademark, and/or other laws of Malaysia and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Mereka Connect and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through Mereka Connect except to the extent you are the legal owner of that Content or as expressly permitted in these Terms of Service. Subject to your compliance with these Terms of Service, Mereka Connect grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view the Content made available on or through Mereka Connect and accessible to you, solely for your personal and non-commercial use.
35.7 Severability and Interpretation
If and to the extent that any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
35.8 Force Majeure
The parties to this Agreement shall not be liable for any delay or failure to perform of any obligation hereunder for a reasonable period resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials or any other conditions beyond the reasonable control of such party.
35.9 Contact Us
If you have any questions about this Agreement please email us at [email protected].