Welcome to WorldMart.
Congratulations on your decision to use the services provided by WorldMart.in. WorldMart 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 WorldMart.
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. 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 WorldMart. This Agreement comes in to effect when you register for using WorldMart services or signing an application for utilizing services of WorldMart. By Registering or signing with WorldMart, 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 WorldMart. 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 WorldMart.
Notwithstanding anything contained in the foregoing, this Agreement will not bind WorldMart 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:
- “WorldMart” or “WorldMart application” or “Software” means the software Platform (“Software”) provided by WorldMart.
- Services means the merchants services provided by WorldMart, 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 WorldMart on SAAS (software as service) model.
- “WorldMart License” or “WorldMart Application License” has its meaning described in Section 2 of this agreement.
- “WorldMart site” or “WorldMart website” refers to the WorldMart product website – www.WorldMart.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 WorldMart 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. WorldMart uses many techniques to verify the accuracy of the information you provide when you register on the WorldMart Site. If for any reason, WorldMart, 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.
WorldMart (SOFTWARE), TRADEMARK OWNERSHIP AND WorldMart LICENSE
- The Software provided by WorldMart, and all intellectual property rights therein, are the exclusive property of WorldMart.
- Subject to the terms and conditions of this Agreement, WorldMart grants to Licensee a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for WorldMart (“WorldMart Servers”) through the WorldMart Application solely for the purpose of building and maintaining an interactive store hosted by the WorldMart 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 WorldMart. 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 WorldMart 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, WorldMart 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, WorldMart 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 WorldMart Site. Licensee’s Store shall be hosted on a WorldMart Server on which several merchants may share the resources and network capacity of that WorldMart 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 WorldMart’s acceptance of Licensee’s request and Licensee’s payment of applicable fees, WorldMart will provide or instruct one of its “affiliates” to provide, design and customization Services for Licensee’s in accordance with WorldMart’s 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, WorldMart’s Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf. You hereby appoint WorldMart and third parties who provide domain name registration services to WorldMart as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize WorldMart and third parties who provide domain name registration services to WorldMart to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. WorldMart 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 WorldMart 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, WorldMart reserves the right, in WorldMart’s 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 WorldMart for each customer/client/consumer/end user/user (“USER”). WorldMart 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 WorldMart 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 WorldMart 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 WorldMart, 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 WorldMart 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 WorldMart
CHANGES IN SERVICES: WorldMart 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 WorldMart 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 WorldMart 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, WorldMart and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. WorldMart 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 WorldMart believes in its sole discretion (as applicable) that Licensee’s Store or any products, services, content or other materials in the Store or on WorldMart Servers may create liability, WorldMart may take any actions with respect to the content or materials.
Licensee hereby grant WorldMart 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 WorldMart 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 WorldMart. WorldMart 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 WorldMart 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 WorldMart Server infrastructure as determined in WorldMart’s sole discretion, including without limitation overloading the WorldMart technical infrastructure.
- xi) Create liability for WorldMart and its subcontractors or expose them to undue risk or otherwise engage in activities that WorldMart, in its sole discretion, determines to be harmful to WorldMart’ 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 WorldMart’ 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 WorldMart’ 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 WorldMart the Fees in the amount, manner and at the times as agreed upon; Licensee are responsible for payment for its own license of WorldMart application as well as for the licenses sub-licensed to its merchants.
PAYMENT TERMS: WorldMart 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 WorldMart 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 WorldMart’s 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 WorldMart in the following month
4. Each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. WorldMart 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 WorldMart.
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 WorldMart’s 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 annum from the due-date of payment, which may levied at WorldMart’s discretion.
9. WorldMart 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 WorldMart would be deleted 3 days after suspension.
No charges if you delete your WorldMart 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 WorldMart 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 WorldMart 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 WorldMart shall not be mentioned.
WorldMart 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. WorldMart shall not be held liable at any point in time during the subsistence of this Agreement.
CREDIT CARD FRAUD AND CHRGE-BACKS: WorldMart will put in the best efforts to minimize credit card fraud and charge-backs regards to payment gateway issues and system related errors and WorldMart will not be liable for any credit card fraud and charge back.
REFUND: WorldMart may refund the money to customers if You request to WorldMart or WorldMart deem fit for such refund to the customer. In case customer’s claims damages or non deliveries product by You, WorldMart 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 WorldMart may at its sole discretion decide to suspend and terminate your account to immediate effect without any Prior Notice. WorldMart 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
WorldMart, 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. WorldMart, 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 WorldMart, 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). WorldMart’, 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 WorldMart for that particular service or month. There is no warranty in respect of the WorldMart, Software or Services.
WorldMart 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 WorldMart 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 WorldMart 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 WorldMart 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 WorldMart software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if WorldMart or any of its suppliers has been advised of the possibility of damages. WorldMart 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 WorldMart 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. WorldMart 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. WorldMart 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 WorldMart, 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, WorldMart 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 WorldMart believes that Licensee’s actions may cause financial loss or legal liability for Licensee, Licensee’s Store customers, or WorldMart.
SUSPENSION AND TERMINATION
SUSPENSION: At the discretion of WorldMart and for any reason set forth in this section (Section 12) of this Agreement, WorldMart may suspend Licensee’s account by deactivating any access by Licensee or by Licensee’s customers to any information contained on the WorldMart Servers related to Licensee’s account while maintaining the information and data related to Licensee’s account upon the WorldMart 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 WorldMart (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 WorldMart’ designated customer support center. Licensee’s termination request may be recorded by WorldMart 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 WorldMart 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 WorldMart’s products/sites/services. Use of the WorldMart 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 WorldMart, 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 WorldMart’s products/sites/services. Licensee agree that WorldMart 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 WorldMart 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 WorldMart are independent contractors, and no agency, partnership, joint venture, employeeemployer 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 WorldMart 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 WorldMart 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 WorldMart. 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. WorldMart’ failure to act with respect to a breach by Licensee or others does not waive WorldMart’s 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 WorldMart with respect to the subject matter hereof.