Privacy Cancellation & Refund Policy
- Within 30 days of date of payment, 33% would be deducted and rest would be returned.
- After 30 days of date of payment, 50% would be deducted and rest would be returned.
- After 90 days of payment, no refund requests would be entertained.
The refund case approval is on case-to-case basis, mainly on the basis of if there is a problem that cannot be solved.
No refunds are offered, even if a plan is canceled mid-month.
About the Company
- When you accept the Merchant User Agreement and the Terms of Service during the process for registering an account with Managestudio or
- When you use the Site, or
- When you visit the Site, or
- When you grant hyperlink to this website, or
- When you have access to this Site, or
- When access is facilitated for you to this website,
We will not use your personal data or information which you have provided or we have collected for :
- Marketing other products and services than the ones which we intend to provide through Managestudio website or affiliate website, or
- Any third party products and services without having given you the opportunity to opt out of such marketing opportunities.
- We are committed to protecting your right to privacy. We collect information about our users in order to help us continually improve our services.
- We also use the information you provide us to grade your ratings, feedback on your activity, past history, credentials, etc.
- We have the right to verify the Information provided by you in reasonable circumstances as required.
- We prefer to keep your personal information accurate and up to date. For this, we provide you with the opportunity to update or modify your personal information by logging into your account.
To whom does the Policy apply
- This Policy applies to the store owners, the buyers and other third parties who visit the site or link to our site.
- This Policy restricts the use of this website by minors and those who do not have capacity to enter into a valid commercial contract.
- Our services are not available to children and any person under the age of 18 should not submit any personal information to us.
- If you are less than 18 years and you wish to contract, you are required to contract through your parents or legal guardian.
Relation with third parties
- We do not disclose the information given to us by you (store owners or the buyers as the case may be) unless we have obtained consent from you.
- Once consent is communicated we may combine your information with the information on other users and use it to improve and personalise our services, content and advertising.
- We may use your personal information to pass on information in accordance with your interests and preferences. On receiving the first communication of this nature, you will be given the opportunity to opt-out of future communications of similar nature by clicking on unsubscribe link or by following unsubscribe instructions described within the communication. If you do not want to receive email or other communications from us, you can also contact us at email@example.com
- If you do not wish to receive marketing communications from or participate in our ad-customization programs, please communicate your intention to firstname.lastname@example.org
- However, as part of your registration for the Services, you may receive certain communications from Managestudio.in, such as administrative announcements and customer service messages regarding the Services, and you cannot opt out of receiving such communications. If you disclose your information to others, whether they are buyers or other store owners on our site(s) or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Managestudio.in does not control the privacy policies of third parties, and you will be subject to the privacy policies of such third parties where applicable.
- We advise you to be diligent before you disclose any of your personal information to others. WorldMart does not want to act as a medium to facilitate the transfer of personal information, and thus you are strongly discouraged from providing your personal information to the third parties through Managestudio website.
Kind of information we collect
- Users of our website are devoid of any obligation to provide any information other than the one’s required to be conveyed at various stages inclusive of the time of registration of an account with our website.
- After the required information is conveyed to us the user is no longer anonymous to Managestudio. If, thereafter, you choose to provide us with personal information, your consent to transfer and store the information on our server located in India is implied.
- We may collect and store information and it includes the following: Personal Information that you provide to us or disclose in connection with the site or services include the following :
- Your name, address, e – mail address, telephone number and any other physical contact information,
- Your credit card information,
- Communications and other messages of correspondence between Managestudio and you. Transactional information based on your activities on the sites (such as selling, item and content you generate or that relates to your account);
- Feedback, correspondence through our sites, and correspondence sent to us;
- Other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address, geographical location, browser type, referral source, length of visit and the number of pages viewed (web log information);
- Any other additional information we may ask you to submit to authenticate yourself or if we believe you are violating site policies including information about your ID or bill to verify your address, or to answer additional questions online to help verify your identity; If the information provided by you cannot be verified, we may ask you to send us additional information, such as your driver’s licence, credit card statement, or passport number or other information confirming your address or to answer additional questions online to help verify your information).
Usage of collected information
- We use the information to help us understand more about how our website is used, to improve our site, and to send you information about us and our services which we think may be of interest to you, both electronically and otherwise.
- In order to achieve these we use your information to: Perform website administration;
- Improve your browsing experience by personalising the website;
- Enable your use of the services available on the website;
- Send you general (non-marketing) commercial communications;
- Send statements and invoices to you, and collect payments from you ;
- Send you email notifications which you have specifically requested;
- Deliver our newsletter and other communications relating to our business or businesses of third parties which may be of interest to you, based on the consent which you have given through e-mail or other source.
- Provide third parties with statistical information about our users, but this information will not be used to identify any individual user;
- Deal with enquiries and complaints made by or about you relating to the website; and
- Where you submit personal information for publication on our website, we will verify that you are a subscriber and we will publish and deliver the publication to you and also use that information in accordance with the license you grant to us.
- We or our partners and affiliates will send you direct emails relating to information about our services unless there is a contrary intent from your side towards such receipt.
- As a result of the whole process of buying and selling on the Site, you will obtain the email address and/or shipping address of your customers. By entering into our Merchant User Agreement, you agree that, with respect to other users’ personal information that you obtain through Managestudio or through a Managestudi related communication or Managestudio facilitated transaction, Managestudio hereby grants to you a license to use such information only for Managestudio related communications that are not unsolicited commercial messages.
- Furthermore you are not licensed to add the name of your customer, to your mail list (email or physical mail) without their express consent regarding the same.
Information regarding stores
We will not without your express consent provide your personal information to any of the third parties for the purpose of direct marketing.
For advertisement – For the purpose of marketing and promoting our services we gather information of all user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties, while doing so we do not disclose to these entities any information that could be used to identify you personally, especially your name, email address, password, credit card number, and bank account number are never disclosed to third party advertisers.
Matters relating to our Website – This website does not protect you against the identification information which you yourself would have provided by associating your name with your User ID. Although our pages with personal information are coded with robot exclusion headers, individuals and corporations may illegally attempt to automatically collect your email address from the Site. We would also keep you informed of any suspicious activity or policy violations on the Site once they come to our notice.
External Service Providers – We do not disclose your personal information to external service providers unless you provide your explicit consent. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
Legal Compliance – We shall disclose your information where necessary to cooperate with law enforcement inquiries, in order to investigate, prevent, or take action regarding illegal activities, violations of our terms of service as well as to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud., or as otherwise required by law or if there is a valid court order in this regard. We will, in furtherance of such needs adhere to the requests made, in relation to criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, (and you authorise us to) disclose personal information such as name, address, telephone number, email address, User ID history, about you as we, in our sole discretion, believe necessary or appropriate.
Other Circumstances – Such information would be also disclosed to enforce or apply the terms of this Agreement when It is understood that You have expressly violated the Terms stipulated under this Agreement , or To protect the rights, property, or safety of Managestudio, our users, or others, whether during or after the term of your use of the Service.
- The website confers on its users an inbuilt risk of disclosure at their own cost.
- The website does not provide an absolute guarantee against any or all technological malice’s the personally identifiable information of a person would be subject to.
- We undertake to take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
- Various risk factors involved relate to, the disclosure of your personal identification information to third parties who may unlawfully intercept or access transmissions or private communications, or even be lead from the act of abuse or misuse of your information by the third parties of the information that they collect from the Site.
Disabling or enabling cookies – Though cookies and other aids are created to provide better access to the internet including this Site you have the ability to accept or decline cookies by modifying the settings in your computer through your browser. However, it is brought to your notice that disabling of cookies does not guarantee easy access of this Site.
Use of web beacons – Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by thirdparty advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
Log files allow us to record visitors’ use of the site. We may analyse log file information (who has visited where in our website) from all our visitors.
We use this information to make changes to the layout of the website and to manage the information in it. Log files do not contain any personal information and they are not used to identify any individual patterns of use of the site.
Changes in Policy
Terms Of Services
THE USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF SERVICE
Managestudio.in (hereinafter referred to as the “Site” or “Managestudio”) provides its users an online store by use of its on demand (web based) e- commerce software. Managestudio.in is a website owned by Wmart Online Services Pvt. Ltd. a company incorporated in Mumbai. While using the facilities or services provided by the “Site” or through any other website connected/ linked through this “Site”, you shall be bound by these Terms of Service (hereinafter referred to as the “Agreement”) as specified herein.
Before using the services rendered by Managestudio through this website, you are requested to read and understand the Terms of Service specified herein. You accept and understand that Managestudio shall have the absolute right to amend these Terms at any point of time unilaterally with or without any notice. You are required to read and understand the existing Terms of Service every time before using the services offered by Managestudio.
This “Agreement” governs Your use of the “Site” and any services made available to You by Us or through the Site (the “Services”).For purposes of this Agreement, the term “You” or “Your” shall refer to the “User(Store Owner)” or the “End User (Customer of the Store)” and the term “We” or “Our” shall refer to “WorldMart”. If You are using the Site or Services on behalf of Your company (or another entity), then “You” means Your company (or such other entity), its officers, members, agents, successors and assigns.
Conditions of Services
- The Terms specified herein restrict the use of this “Site” by minors and those who do not have capacity to enter into a valid commercial contract.
- If you are less than 18 years and you wish to contract you are required to contract through your parents or legal guardian.
- You are required to provide accurate and correct personal information while registering to use the services rendered by Managestudio and You agree to keep it up-to-date.
- We have the right to verify the Information provided by You in reasonable circumstances if required.
Protection of Personal Information
- WorldMart respects your privacy and assures You that the information collected from You will be used only to provide You our services.
- Such personal information shall not be made available to any third party.
Proprietary notices and Intellectual Property
- All aspects related to the intellectual property associated with the Site are governed by the “Intellectual Property Policy” of Managestudio which shall be read as a part of this Agreement.
- The Site and all the content so presented on the site (including but is not limited to acoustic, photographs, illustrations, graphics, video and software) code, data, works of authorship and materials thereon, the look and feel, blueprint and the manner in which material is arranged on the Site (hereinafter referred to as the “Content”) are protected by Indian copyright, trademark and other laws.
- Managestudio and its licencors own, sole and exclusive rights to title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Site and/or the Content does not grant to You any ownership of any Content to which You may have access on the Site.
- The trademarks, logos, service marks and trade names (hereinafter referred to as the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Managestudio and its licencors and may not be used except with the express written permission of the respective Trademark owner.
- Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Managestudio or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
- All intellectual property rights in the Service are, and shall remain, the property of Managestudio or its licencor (as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by Managestudio and its licencors (as applicable).
Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to):
- Use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against Managestudio.
- Sub license, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Managestudio(or any of its affiliates or licencors).
- Reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or
- Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
- We grant You a limited, revocable, nonexclusive, non-transferable, personal license to have an access to the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms specified herein. This license is granted solely to allow You to visit the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content.
- End Users while browsing through the site can view products and information, request information and engage in certain Services on the Site. Users agree to the following terms and conditions:
- You expressly agree that any submissions by You will automatically be treated as non-confidential and non-proprietary and will become the sole property of Managestudio without any compensation or credit to you whatsoever.
- Managestudio and its affiliates may use the ideas contained in such submissions or posts for any purpose in any medium which includes but is not limited to, developing, manufacturing and marketing products and services using such ideas.
- You may not use Managestudio service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this Agreement.
The users who create a separate account at Managestudio with the sole purpose of operating and maintaining an online store are to enter into an separate “Merchant User Agreement” and the terms specified in the “Merchant User Agreement” applies to such account users. You are requested to refer to the “Merchant User Agreement” for more details in this regard.
The Site and the Services are to be used only for lawful purposes. The site must not be used to post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You are not to use the Site or the Services for the following:
- You may not use Managestudio service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this Agreement.
- Promote or convey provocative or prohibited contents which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise reasonably and is likely to generate such conduct;
- Posting any pornographic content or pictures, engage in transmitting child pornographic materials or activities harmful to children;
- Provide any false, misleading or inaccurate information;
- Indulge in identity theft, unauthorized advertising using Managestudio account;
- Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;
- Infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission;
- Engage in activities which include but are not limited to hacking other computers or servers, including Our’s; or violate any requirements, procedures, policies or rules of networks related to the system; Engage in any unlawful activity using credit cards;
- Falsely express or imply that Managestudio sponsors, endorses or is otherwise associated with You or Your content;
- Interfere or attempt to evade or disable the Site or services, the proper working, the security features or the equipment connected to the Site or the Services;
- Entail an excessively large load on the infrastructure of the Site or Our systems or networks;
- Restrict or restrain any other person from using the Site or the Services; Indulge in criminal or terrorist activity against any nation or society; or cause any threat or harassment to any person or public as a whole;
- Engage in any activity that restricts or inhibits any other Managestudio Account Holder from using or enjoying the Service;
- Violate this Agreement or encourage or assist anyone else to violate this Agreement.
Express written permission of Managestudio is required for You to do any of the following:
- Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post the Content or the Site for commercial purposes;
- Use of the brand name Managestudio.in;
- Alter, eliminate, remove, supplement, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part;
- Access or attempt to access the Site or collect or index information provided to Managestudio using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes; In addition to any remedies that Managestudio may have at law or in equity, if Managestudio reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Managestudio may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site.
Disclosure of information
Managestudio assures You that we will not process data about any identified or identifiable natural person that we obtain from You in a way incompatible with the purposes and other limitations which We describe in this Agreement.
Managestudio will take reasonable precautions to protect the information it obtains from You from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, Managestudio will have no liability to You or any third party provided that such reasonable precautions are taken.
- WorldMart will have access to Your accounts for administrative reasons.
- WorldMart expressly states that You must NOT commit any illegal or prohibited acts as specified in Clause on “Prohibited Uses” of this Agreement through Our Site.
- If You are found to be abusing our services for any illegal purposes, WorldMart reserves the right to disconnect Your account and ban You from further use of our services.
Managestudio reserves the following rights:
- To suspend or terminate the account of anyone who violates this Agreement;
- To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time;
- To review, modify, filter, disable, delete and remove any and all content and information from the Site;
- To update and download automatically any software provided on or through the Site;
- To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer’s best interests;
- To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
The “Merchant User Agreement” between WorldMart and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Themes.
The Merchant User Agreement between Managestudio and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Content.
The Merchant User Agreement between Managestudio and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Payment Plan.
The Merchant User Agreement between WorldMart and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Marketing Communication.
This Agreement is valid from the date You:
- User (Store Owner) subscribes to this Site till the time when You decide to stop using the services offered by the Site.
- End User (Customer of the Store) subscribes to any of the goods or services offered by the Users (Store Owners) through our site till the time You decide to stop using such services.
- Cancellation, Suspension or Termination of Services
The “Merchant User Agreement” between Managestudio and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the “Merchant User Agreement” with regard to the manner in which the Users Account would be suspended, cancelled or terminated by Managestudio.
End Users Account
Managestudio can suspend, cancel or terminate the account of the end user of any store:
Without limiting its other remedies, Managestudio may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this Agreement and Your access to the Store(s) if You fail to comply with any terms specified herein. Managestudio may take such actions without providing You prior notice and at its sole discretion.
Managestudio reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon receipt of any third party complaint that You have engaged in any activity that violates this Agreement, which may otherwise subject Managestudio to liability for any reason, or that may cause Managestudio to incur legal fees or other expenses.
Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
Disclaimer of Warranties
- This clause shall be applicable to the end users, any person visiting or accessing Managestudio website who accepts this Agreement and to any User who has entered into a separate “Merchant User Agreement” related to the services provided herein.
- Nothing stipulated in the Terms of Service shall be deemed to provide a warranty or representation (either express or implied) from the part of Managestudio to the control or use any of Your data. Managestudio represents that they do not have any obligation to control the access of any information, sites or domains in order to safeguard the interests of the public or the account holder.
- You expressly agree and understand that your activities through Managestudio account, including but not limited to downloading, uploading, transmitting, distributing any material, shall be at your sole discretion and at your sole risk. The services are provided “as is” and “as available” basis without warranty of any kind from the part of Managestudio.
- Managestudio, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchant-ability, fitness for a particular purpose and non-infringement. Managestudio, its officers, directors, employees, and agents make no representations or warranties about:
- The accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or, The services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Managestudio assumes no liability or responsibility for the same.
- YOU understand and agree that you are solely responsible in case of any damages or loss of data that may occur to your computer or system or any other equipment which resulted from using the services provided by Managestudio.
- Managestudio further expressly disclaims all representations and warranties of any kind with respect to any materials uploaded, downloaded, transmitted or otherwise obtained through any other source including any website or Managestudio website itself.
- Managestudio does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
- In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Managestudio, its officers, directors, employees, or agents will :
- Constitute legal or financial advice or,
- Create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
- Except as set forth in the Intellectual Property Policy (Incorporated by reference) Managestudio will not intervene or become involved in any disputes between the User and a third party, including, but not limited to, End users.
- You shall be liable for all the consequences and damages that arise as a result of Your violations of any part of the stipulations herein. Managestudio SHALL NOT BE RESPONSIBLE for any of your illegal activities and they shall have the right to recover any such damages from You, including attorney fees and costs related to any legal procedures associated with it.
- The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
Disclaimer of Warranties
- You explicitly understand and accept that Managestudio shall not be liable to You under any agreement, direct or indirect; incidental or consequential damages that may be incurred by You through Your (refers to User here, the store owner) use of Our services so offered by Managestudio or through Your (refers to End User here, the Customer of the Store Owner) of the services or products offered by the Store Owners.
- Managestudio assumes no responsibility with respect to user’s or end user’s use of the services and shall not be liable for consequential, incidental, or special damages, including but not limited to loss of use, business interruptions, and loss of profits, lost revenue or punitive or exemplary damages, even if Managestudio is aware of the possibility thereof.
- In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
You agree to indemnify and hold harmless Managestudio, its affiliates, members, officers, directors, employees, agents, and licencors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to:
- Your use of the Site and Services and Products offered by the Store Owner,
- Your submission, posting, transmittal or any other use of any Information, Content and/or any other materials or content,
- Your violation of this Agreement,
- Your violation of any law or regulation, or violation of any proprietary or privacy right,
- Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or Any claim that Your information or submission of any other information or content by You caused damage to a third party.
- This indemnification obligation will survive this Agreement.
Your representations and warranties
By using the Site, the Services or the Content You represent and warrant that:
- You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
- You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
- You are authorized to sign for and bind the person or entity using the Site or the Services; You will provide only true, accurate, complete and current information to WorldMart; and
- You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from Managestudio or in any material that You post or submit on the Site for any purpose.
You may not assign this Agreement or any part of this Agreement without the express written consent of Managestudio. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that Managestudio may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.
Managestudio has sole and complete authority to modify and amend the Terms of Service with or without any notice to You in this regard.
Incorporation of policies
Governing Law & Jurisdiction
This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Mumbai, Maharashtra, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Mumbai District, Maharashtra, India, for settlement of any dispute or enforcement if any right under this Agreement.
Merchant User Agreement
Welcome to Managestudio
Congratulations on your decision to use the services provided by Managestudio.in. Managestudio shall assist you to set up an online store in minutes with its hosted shopping cart solution in an easy way without any hassles. We request you to please read this Agreement before availing the Services of Managestudio.
This Merchant User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “Licensee”), and Wmart Online Services Pvt. Ltd. a company registered under the Companies Act,1956 and having registered office at – 58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207 and its products Managestudio. This Agreement comes in to effect when you register for using Managestudio services or signing an application for utilizing services of Managestudio. By Registering or signing with Managestudio, You signify your absolute and unconditional consent to all the provisions of this agreement in their entirety.
This agreement constitutes a legally binding agreement between Licensee and Managestudio. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to Managestudio.
Notwithstanding anything contained in the foregoing, this Agreement will not bind Managestudio unless you meet the eligibility criteria for entering into this Agreement as set forth in Section A of this Agreement.
The following terms shall have the meanings defined below when used in capital letters herein:
- “Managestudio” or “Managestudio application” or “Software” means the software Platform (“Software”) provided by Managestudio.
- Services means the merchants services provided by Managestudio, including hosting of the online store, site design, email services, marketing services, domain name registration, payment collection and other related services as may be offered from time to time. Software and/or Services provided by Managestudio on SAAS (software as service) model.
- “Managestudio License” or “Managestudio Application License” has its meaning described in Section 2 of this agreement.
- “Managestudio site” or “Managestudio website” refers to the Managestudio product website – www.Managestudio.in
- “Affiliate” means, with respect to each Party, any person or entity directly or indirectly Controlling, Controlled by, or under direct or indirect common Control with a Party. For the purpose of this definition, the expression “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or owning the largest or controlling percentage of the voting securities of such person/entity or by virtue of any contractual arrangements or otherwise.
- “Intellectual Property Rights” means all patents (whether registered or not), trademarks( whether registered or not), copyrights (whether registered or not), design rights, trade secrets, marks or any other intellectual property rights in Software licensed, granted or assigned by Managestudio to, or otherwise vested in, Licensee pursuant to the Agreement.
A. Eligibility Criteria
The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the eligibility to enter in to an agreement and the authority to bind the entity to this Agreement. Managestudio uses many techniques to verify the accuracy of the information you provide when you register on the Managestudio Site. If for any reason, Managestudio, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.
Managestudio(SOFTWARE), TRADEMARK OWNERSHIP AND Managestudio LICENSE
- The Software provided by Managestudio, and all intellectual property rights therein, are the exclusive property of Managestudio.
- Subject to the terms and conditions of this Agreement, Managestudio grants to Licensee a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Managestudio (“Managestudio Servers”) through the Managestudio Application solely for the purpose of building and maintaining an interactive store hosted by the Managestudio Servers on which Licensee offer Licensee’s or a third party’s products or services (“Licensee’s Store”).
- The Software and its structure, organization, and source code constitute valuable trade secrets of Managestudio. Accordingly, except as expressly allowed Licensee will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party.
- ADDITIONAL SOFTWARE AND SERVICES: Certain additional features that Managestudio may make available to Licensee may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”). Similarly, Managestudio may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions (“Additional Services”). Such software and services are subject to additional payments as required and are subject to Licensee’s consent to such terms and conditions associated with the use of additional software and services.
- Upon activation of Licensee’s account and subject to the payment of applicable fees, Managestudio will provide certain hosting, support and other miscellaneous Services for the Software licensed by Licensee under this Agreement and Licensee’s Store during the term of this Agreement as published on the Managestudio Site. Licensee’s Store shall be hosted on a Managestudio Server on which several merchants may share the resources and network capacity of that Managestudio Server.
- BILLING PERIOD: Start date of Billing period would be considered as the Date of Payment except in cases as below
a) Payment Gateway Activation: Start date of Billing period would be either Payment Gateway Activation date or 30 days from the Date of payment whichever is earlier.
- STORE DESIGN AND CUSTOMIZATION: At Licensee’s request, and subject to Managestudio acceptance of Licensee’s request and Licensee’s payment of applicable fees, Managestudio will provide or instruct one of its “affiliates” to provide, design and customization Services for Licensee’s in accordance with Managestudio then current customization terms and conditions.
- DOMAIN NAME REGISTRATION: At Licensee’s request and subject to Your agreement to applicable terms and conditions and the payment of applicable fees, Managestudio Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf. You hereby appoint Managestudio and third parties who provide domain name registration services to Managestudio as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize Managestudio and third parties who provide domain name registration services to Managestudio to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. Managestudio provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against Managestudio for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, Managestudio reserves the right, in Managestudio sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.
- SLA: THIS SERVICE LEVEL AGREEMENT (“Agreement” or “SLA”) shall apply to all Hosted Services provided by Managestudio for each customer/client/consumer/end user/user (“USER”). Managestudio is committed to providing a highly available and secure network to support its USERs. Providing the USER with consistent access to Hosted Services is a high priority for Managestudio and is the basis for its commitment in the form of a SLA. The SLA provides certain rights and remedies in the event that the USER experiences service interruption as a result of failure of Managestudio infrastructure. The overall service availability metric is 99%, measured on a monthly basis. Failing to this, we’ll refund the amount for that month subscription, in which SLA is not kept up to the standard.
For the purpose of this Service Level Agreement, the terms in bold are defined as follows:
Available or Availability
When the USER who’s account is active and enabled has reasonable access to the Hosted Service provided by Managestudio , subject to the exclusions defined in Downtime Minutes below.
Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day.
The time period during which the Hosted Service may not be Available each month so that Managestudio can perform routine maintenance to enhance the software on regular basis by new features release, performance improvements & bug fixes, is on an as needed basis. Maintenance activity is undertaken only during very odd business hours i.e 4 AM IST to 8:30 AM IST. On a average, we take 50 to 100 minutes of maintenance activity every week. So, SLA excluding Maintenance Time would be 99.5%.
The total number of minutes that the USER cannot access the Hosted Service. The calculation of Downtime Minutes excludes time that the USER is unable to access the Hosted Services due to any of the following:
- (a) Maintenance Time
- (b) USER’s own Internet service provider
- (c) Force Majeure event
- (d) Any systemic Internet failures
- (e) Enhanced Services
- (f) Any failure in the USER’s own hardware, software or Network connection
- (g) USER’s bandwidth restrictions
- (h) USER’s acts or omissions
- (i) Anything outside of the direct control of Managestudio
CHANGES IN SERVICES: Managestudio reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to licensee . Licensee agree to receive administrative communications from Managestudio in regards to the Software, Services, Licensee’s account, policy changes and system updates.
LICENSEE’S STORE & CONTENT CONTROL
Licensee will be solely responsible for the development, operation and maintenance of Licensee’s Store, including the operation of Licensee’s Store, accepting, processing and filing customer orders generated through Licensee’s Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Licensee’s Store. Licensee agree that Managestudio will have a backup of the data uploaded on the store in event of data corruption/ lapses which would be carried out once a day.
Licensee acknowledge that, by only providing Licensee with the ability to publish and distribute Licensee’s own or third party products, services or content, Managestudio and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. Managestudio has no obligation to Licensee or any third party, and undertakes no responsibility, to review Licensee’s Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Licensee’s Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Managestudio believes in its sole discretion (as applicable) that Licensee’s Store or any products, services, content or other materials in the Store or on Managestudio Servers may create liability, Managestudio may take any actions with respect to the content or materials.
Licensee hereby grant Managestudio and its affiliates an irrevocable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Licensee’s content solely for the purposes provided in this Agreement. Licensee further agrees that Managestudio has the exclusive right, in its sole discretion, to share or distribute the content provided by Licensee and to either allow or to disallow, any or all web crawlers to index sites or pages or e-stores hosted with Managestudio. Managestudio shall not be held responsible in the event Licensee violates any intellectual property rights of the other Parties and Licensee shall alone responsible for such violations.
COVENANTS BY LICENSEE: Licensee covenant that any products, services, or content published and distributed on Licensee’s Store and Licensee’s related activities shall not violate the Managestudio Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they:
- i) Be false, inaccurate or misleading.
- ii) Be fraudulent or involve the sale of counterfeit or stolen items
- iii) Infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- iv) Violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising).
- v) Be defamatory or libelous or unlawfully threatening or harassing, or advocating or promoting or providing assistance for acts involving violence that may cause significant risk of death or injury, or other unlawful activities.
- vi) Be obscene or contain pornography.
- vii) Contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- viii) involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and Licensee shall not use Licensee’s account or Licensee’s Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities
- ix) Involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express consent of that person or entity and of which consent Licensee shall maintain a record for a period of three (3) years after any termination of this Agreement.
- x) Be harmful or potentially harmful to the Managestudio Server infrastructure as determined in Managestudio sole discretion, including without limitation overloading the Managestudio technical infrastructure.
- xi) Create liability for Managestudio and its subcontractors or expose them to undue risk or otherwise engage in activities that Managestudio, in its sole discretion, determines to be harmful to Managestudio’ affiliates, operations, reputation, or goodwill, and
- xii) Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate Managestudio’ Prohibited and Restricted Items clauses that are incorporated herein by reference and may be amended from time to time. Licensee shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force or any item mentioned in Managestudio’ Prohibited and Restricted Items list provided on the website.
BREACH OF COVENANT: Licensee’s failure to comply with the covenants set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 12 of this Agreement.
CANCELLATION & REFUND POLICY (FEES & TAXES)
Licensee agrees to pay to Managestudio the Fees in the amount, manner and at the times as agreed upon; Licensee are responsible for payment for its own license of Managestudio application as well as for the licenses sub-licensed to its merchants.
PAYMENT TERMS: Managestudio will invoice Licensee and Licensee agree to pay for
1. Licensee agrees to pay all subscription fees, consulting fees and other fees applicable to their use of Services and Licensee shall not circumvent the fee structure. The fee is dependent on the User Plan that Licensee purchase and not on actual usage of the services.
2. The subscription fee is refundable based upon below policy.
If cancellation of Managestudio Subscription is presented
Within 30 days of payment and Payment Gateway is not live, 33% would be deducted and rest would be returned.
After 30 days of payment and Payment Gateway is live, 50% would be deducted and rest would be returned.
After 90 days of payment, no refund requests would be entertained.
Please Note: the refund approval is on case-to-case basis, mainly on the basis of if there is a problem from Managestudio end that cannot be solved.
3. Monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to Licensee by or on behalf of Managestudio in the following month
4. Each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Managestudio is in no way responsible for any of the taxes except for its own income tax.
5. Method of payment:
1. Online : The Fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. We are not responsible for any loss or damage caused to Licensee during this process as these third parties are beyond the control of Managestudio.
2. Offline : The Fees could be either collected personally from Licensee or required to be mailed to Us at the following address :58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207
6. We consider the payment process to be complete only on receipt of the amount to Managestudio designated bank account.
7. All Fees are exclusive of taxes. Service Tax of 12.36% is levied on every purchase.
8. Fees not received within the specified due dates attract late charges of 18% per annul from the due-date of payment, which may levied at Managestudio discretion.
9. Managestudio reserves the right to modify the fee structure by providing a 30 day prior notice, either by notice on the Website or through email to the Authorized User, which shall be considered as valid and agreed communication.
14 Days Free Trial – Licensee gets a free 14 day trial on their account when they register. They can upgrade to a Starter, Basic, Professional or Ultimate account anytime during the 14 day trial period. If the account is not upgraded by the end of the trial period, your trial account would be suspended. On suspension, you still have 30 days after suspension to upgrade the account. If that is not done, the account and all the data on Managestudio would be deleted 3 days after suspension.
No charges if you delete your Managestudio account – Once a licensee deletes the account, they would not be charged again, but the licensee is responsible for whatever charges have already been incurred for the current billing period. For example, if the billing cycle is on the 10th of every month, and they cancel on the 24th, they’ll still have to pay for the current month, but they won’t be charged again after that. We cannot make any exceptions to this.
FULLFILLMENT OF SPECIFIES TAXES
For avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold Managestudio harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority (collectively, “Fulfillment Specific Taxes”) to the extent such taxes or fees are: (a) assessed on Managestudio as a result of inventory, packaging, gift wrap and other materials (i) owned by You and/or (ii) sold to customers as contemplated \hereunder; and (b) Your primary legal obligation.
COLLECTION OF PAYMENT: You will collect the payment through our designated payment gateway and shall remain the sole responsible for any disputes. On all the Payment Gateway aspects, the identity of Managestudio shall not be mentioned.
Managestudio shall not be responsible for all customer complaints in regards to payment gateway issues and system related errors. All costs and liabilities arising due to the same shall be solely borne by You. Managestudio shall not be held liable at any point in time during the subsistence of this Agreement.
CREDIT CARD FRAUD AND CHRGE-BACKS: Managestudio will put in the best efforts to minimize credit card fraud and charge-backs regards to payment gateway issues and system related errors and Managestudio will not be liable for any credit card fraud and charge back.
REFUND: Managestudio may refund the money to customers if You request to Managestudio or Managestudio deem fit for such refund to the customer. In case customer’s claims damages or non deliveries product by You, Managestudio will inform You about such claims that are received from customer in pertinent to Your product and services. If You delay in resolving the customer claims, then Managestudio may at its sole discretion decide to suspend and terminate your account to immediate effect without any Prior Notice. Managestudio does not take any responsibility to ascertain the truth of such a claim. Though in such cases WorldMart would use reasonable efforts to resolve dispute arising between you and your customers .
FULFILLMENT OF THE ORDER
FULFILLMENT: During the Term, You will source, pick, pack and dispatch to the applicable addresses, Your Products sold in connection with a Transaction Charge through Your website.
PRODUCT FULFILLMENT: You will be solely responsible for the fulfillment of all the products that are uploaded and displayed on Your website. Further, WorldMart will not be liable for any transaction entered or performed on Your website.
REVERSE LOGISTICS: You will be solely responsible for accepting and processing returns of Your Products and will communicate to customers all necessary information for the return of Your Products which are sold through Your website.
DISCLAIMER OF WARRANTIES
Managestudio , its suppliers and service providers, provide the software, additional software, and services, on an “as is” basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, noninfringement; and warranties arising from a course of dealing, usage or trade practice are excluded. Managestudio , its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Licensee acknowledges and agrees that this section 7 is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different.
LIMITATION OF LIABILITY
In no event shall Managestudio, its suppliers, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence). Managestudio’, its suppliers’, and service providers’, cumulative liability, and the liability of their officers, directors, employees, contractors and agents to Licensee or any third parties in any circumstances shall be limited to payment received by Managestudio for that particular service or month. There is no warranty in respect of the Managestudio , Software or Services.
Managestudio has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for their conduct and that Managestudio reserves the right to terminate Licensee’s rights to use the service immediately, notwithstanding penal provisions under the laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
In no event shall Managestudio shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Managestudio software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, or otherwise arising out of the use of the Managestudio software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Managestudio or any of its suppliers has been advised of the possibility of damages. Managestudio does not endorse in anyway any advertisers/ contents of advertisers on their web-pages. The clause shall survive the termination or expiry of this agreement.
The material and information provided by Licensee (“content”) under this agreement belongs to Licensee who agrees to grant the rights to share / redistribute or otherwise use the content to Managestudio as described in Section 4 of this agreement. Licensee being the owner of the content provided shall be responsible for any acts of violation of rights of another or intellectual property infringement by way of the content provided. Managestudio makes no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, of the content provided in the content or the information on products, services (information) made available Licensee. Managestudio and their business partners would not be liable for any intellectual property infringement or violation of rights of another by use of such contents.
Licensee agree to indemnify and hold Managestudio, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Licensee’s breach of the User Agreement or the documents it incorporates by reference, or Licensee’s violation of any law or the rights of a third party.
Without limiting other remedies, Managestudio may limit Licensee’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licensee’s account or Licensee’s Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licensee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licensee or if Managestudio believes that Licensee’s actions may cause financial loss or legal liability for Licensee, Licensee’s Store customers, or Managestudio.
SUSPENSION AND TERMINATION
SUSPENSION: At the discretion of Managestudio and for any reason set forth in this section (Section 12) of this Agreement, Managestudio may suspend Licensee’s account by deactivating any access by Licensee or by Licensee’s customers to any information contained on the Managestudio Servers related to Licensee’s account while maintaining the information and data related to Licensee’s account upon the Managestudio Servers. Suspension shall specifically include the disabling of Licensee’s Store and/or any access to information or data related to Licensee’s account. In the event of any such suspension Licensee will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. Licensee will remain responsible for the payment of any such fees during any such period of suspension.
TERMINATION: This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by Managestudio(a) as provided in this Agreement, (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or (c) upon thirty (30) days written notice. Licensee may terminate this Agreement upon twenty-four hours notice by telephoning Managestudio’ designated customer support center. Licensee’s termination request may be recorded by Managestudio and will require Licensee’s user name and password and verification code.
In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and Licensee shall destroy all copies of the Software in Licensee’s possession, if any. Upon termination, there will be no refund provided to Licensee except as set forth in the Price Policy and all outstanding fees owed by Licensee shall become immediately due and payable. Termination shall not affect the rights of Managestudio to recover from Licensee losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.
This agreement is governed and construed in accordance with the Laws of Union of India. Licensee hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Managestudio products/sites/services. Use of the Managestudio software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Licensee agree to indemnify and hold Managestudio , subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of Licensee’s use of or conduct on the Managestudio products/sites/services. Licensee agree that Managestudio has absolute authority to modify or change the terms and conditions of the agreement without Licensee’s consent and the modified terms and conditions can be kept in Managestudio website and no separate notice is required to be issued to Licensee.
Licensee shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Licensee’s use of the Software, the Services, and Licensee’s listing and sale of products and services on Licensee’s Store.
Licensee and Managestudio are independent contractors, and no agency, partnership, joint venture, employee employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party in the breach.
Except as explicitly stated otherwise, any notices Licensee shall be given by postal mail to Wmart Online Services Pvt. Ltd – 58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207 or Managestudio may issue the notice to the email address Licensee provide to us during the registration process (in Licensee’s case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give Licensee notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between Licensee and Managestudio during Licensee’s use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by Managestudio . The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally. All other expenses of Lawyers fees and other expenses shall be borne by the respective parties.
Licensee acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Managestudio ‘ failure to act with respect to a breach by Licensee or others does not waive Managestudio right to act with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term “including” means “including without limitation,” unless expressly stated to the contrary.
This Agreement sets forth the entire understanding and agreement between Licensee and Managestudio with respect to the subject matter hereof.