Terms and Conditions of Usage

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Terms and condition

1.Terms of user account

a. In order to access and use the Platform, You will be required to register Yourself and maintain a EasyEcom account (“Account”) which will require You to furnish to EasyEcom, certain information and details, including Your name, e-mail id, and any other information deemed necessary by EasyEcom (“Account Information”). You agree to keep this information updated at all times.

b. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. EasyEcom and its affiliates / partners are not liable for any harm caused by, or related to the theft of, Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. However, You may be liable to EasyEcom and its affiliates / partners for the losses caused to them due to such unauthorized use.

Account Dos and Don’ts: You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.

a. You will create the Account on behalf of an entity or firm or in Your individual capacity only if You are a natural person aged 18 years or above and competent to enter into a valid and binding contract.

b. You will not provide any false personal information to EasyEcom.

c. You shall ensure that the Account Information is complete, accurate and up-to-date at all times.

d. You shall not use any other user’s Account Information or log into that user’s Account.

e. You will not share Your password or do anything that might jeopardize the security of Your Account.

f. On completing the registration process, You shall be entitled to access the Platform and avail of the Services.

g. Your account, ID, and password may not be transferred or sold to another party.

h. You agree to immediately notify EasyEcom f any unauthorized use of Your account or any other breach of security known to You.

i. In order to ensure that EasyEcom is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to let EasyEcom’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse. Additionally, You agree to disclose to EasyEcom, and permit EasyEcom to use, Your log-in ID, password and such other account details with respect to Your account(s) with e-commerce websites/platforms, for the limited purpose of resolving technical problems.

j. You also grant EasyEcom the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.

2. End Users

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 information or data given by You will automatically be treated as non- confidential and non-proprietary and will become the sole property of EasyEcom without any compensation or credit to you whatsoever.

EasyEcom and its affiliates may use the data or information given by you for any purpose in any medium which includes but is not limited to, developing, manufacturing and marketing products and services using such that.

You may not use EasyEcom 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.

3.Prohibited Usage

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:

a. You may not use EasyEcom 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.

b. Provide any false, misleading or inaccurate information;

c. Indulge in identity theft, unauthorized business using EasyEcom account;

d.Upload or transmit any data or information including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;

e.Infringe anyone’s products, images or patent products. Infringe anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or uploading images of any product without owner’s permission;

f.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;

g. Entail an excessively large load on the infrastructure of the Site or Our systems or networks;

h. 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;

i. Engage in any activity that restricts or inhibits any other EasyEcom Account Holder from using or enjoying the Service;

j. Violate this Agreement or encourage or assist anyone else to violate this Agreement.

4.PRICING

a. This is a paid version of the Platform. The Platform works on a prepaid or recharge model where You may choose from the paid or recharge options by going to the billing section of your EasyEcom account.

b. The Fees shall be exclusive of all applicable taxes. You may choose to pay the Fees by any of the payment options made available by EasyEcom including, credit card, debit card, net banking or cheque. There will be no deduction of TDS in case of use of any of the online methods for payments of Fees. However, if You choose to pay by cheque and deduct TDS on the Fees, You shall be given credit for the amount of TDS deducted. A processing fee of Rs 200/- will be charged to You in case of cheque payments. If EasyEcom changes the Fees payable, EasyEcom may not give You advance notice of these changes via a message to the email address associated with Your Account. EasyEcom will bill You through Your chosen payment method, from the date You opt for the paid Services option until termination. All payments are final and refundable as per our refund policy. You will be entitled to cancellation or cooling off period after opting for the paid Services as per our policy.

c. All advance paid is refundable as per our refund policy and initial upgrade amount paid will have validity of 30 days. If customer is unable to go live and start-processing orders in specified period, his account will be disabled and upgrade fees will be adjusted.

d. Training and support is provided over phone, email and chat only. You can opt for physical training by paying Rs 2500 per 4 hour training slot in advance to the company.

e. The Services are provided to You via the internet and data and cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet and the data shall apply (over and above the Fees) while accessing the Platform and availing the Services. You accept responsibility for all such charges that may arise due to Your use of the Platform and the Services.

f. EasyEcom reserves the right to change the fees charged for any product type at any point of time without prior notice.

5.REFUND POLICY

1. The recharge amount is covered under 100% Refund Guarantee under the below criteria

a. In case of any kind of system/service failure* (from EasyEcom) within 7 days from the date of payment.

b. No refund is applicable after 7 days from the date of payment.

2. No refund is applicable in case the seller does not want to use system for any business reason at seller’s end such as termination of online account/business. No refund shall be applicable in case seller fails to review the system in time or in case of no cooperation from seller or any team member/third party dealing with EasyEcom on behalf of the seller.

*System Failure will be determined case to case basis as per EasyEcom’s policy.

6.Reserved Rights

EasyEcom 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.

7.LIMITATION OF LIABILITY

•YOU ASSUME THE ENTIRE RISK OF USING THE PLATFORM AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASYECOM BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS THE PLATFORM OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT EASYECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SOFTWARE OR THE SERVICES. FURTHER, EASYECOM SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY EASYECOM, DATA LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.

•EASYECOM’S AGGREGATE LIABILITY, IF ANY, (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED FROM YOU FOR THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE THE CLAIM WAS MADE. DAMAGES, IN THE NATURE, AND TO THE AMOUNT, PROVIDED IN THIS CLAUSE, IS THE ONLY RECOURSE THAT YOU MAY HAVE AGAINST EASYECOM FOR BREACH BY EASYECOM OF ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER.

8.NOTICE AND TAKEDOWN MECHANISM

• The content uploaded by You may be available on the e-commerce websites / marketplaces in India or abroad, as chosen by You. In such circumstances, the notice and takedown provisions applicable to the particular e-commerce websites / marketplaces will be applicable to the content uploaded by You. Content which is objectionable or infringing will be accordingly taken down. For all other times, the notice and takedown mechanism provided below will apply.

• If You are the owner of copyright in any content shared or uploaded on the Platform without Your consent, or You believe that any user of the Platform is storing, hosting, uploading or transmitting data / content, then You are required to send a written notice to the Grievance Officer at EASYECOM providing the following information/details:

• Description of the work with adequate information to identify the data / content;

• Details establishing that you are the owner or the exclusive licensee of copyright in the content;

• Details establishing that the copy of the content in question is an infringing copy of the content owned by You and that the allegedly infringing act is not considered as a ‘non-infringing’ act under Section 52 of the Copyright Act and is not any other act that is permitted under the Copyright Act;

• Details of the location where the content in question is stored (i.e., the URL of the page where such content is stored);

•Details of the person, if known, who has uploaded the infringing copy of the content; and

•Undertaking that You shall file an infringement suit in the competent court against such person uploading the infringing copy and provide a copy of the orders so obtained to EASYECOM within twenty one (21) days from the date of receipt of the notice by EASYECOM.

9.ENTIRE AGREEMENT

• The TAC as amended from time to time, along with the Privacy Policy and other related policies made available from time to time, constitutes the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein.

• If You have questions or concerns about the TOS, please contact EASYECOM at [email protected]

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