Welcome to EasyStoreHosting
ecommerce engine service provided by EasyStoreHosting.
This User Agreement
("Agreement") is between you, the user, together with any company or
other business entity you are representing, if any (collectively, "You"),
and EasyStoreHosting . ("EasyStoreHosting"). This Agreement comes in
to effect when you register for using EasyStoreHosting services. By Registering
with EasyStoreHosting, 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 you and EasyStoreHosting.
The terms
and conditions contained herein form an Agreement regulating our relationship
with regard to use of EasyStoreHosting ecommerce engine by you. You are advised
to read this Agreement carefully. If you are not agreeable to any terms and conditions,
you should not use this Service. The EasyStoreHosting ecommerce engine Services
if you signify your absolute and unconditional consent to all the terms and conditions
of this Agreement in their entirety.
Definitions :
This Agreement
includes the terms and conditions as detailed herein in its entirety including
without limitation all schedules, appendices, annexures, Privacy Policy, and will
include the references to this Agreement as amended, novated, supplemented, varied
or replaced from time to time.
Agreement means the terms and conditions
as detailed herein including all schedules, appendices, annexures, Privacy Policy,
and will include the references to this Agreement as amended, novated, supplemented,
varied or replaced from time to time. Software
EasyStoreHosting provides
software programs ("Software") that enable merchants to build online
stores through which they can sell their products and services online and offline
and collect payments online.
Services
EasyStoreHosting also provides
merchants services, including hosting of the online store, site design, email
services, marketing services, domain name registration, and other related services
as may be offered from time to time (collectively, "Services").
By
accepting this Agreement and subject to the terms and conditions of this Agreement,
including those terms and conditions that are set forth on the EasyStoreHosting
website located at www.EasyStoreHosting ("EasyStoreHosting Site") that
are incorporated herein by reference and may be accessed through links in this
Agreement, EasyStoreHosting will provide You with a limited license to use the
Software and receive the Services. Please note that underlined words and phrases
in this Agreement are links to pages on the EasyStoreHosting Site. By accepting
this Agreement, You further agree to be bound by any amendments to the terms and
conditions of this Agreement or to such terms and conditions as are incorporated
herein by reference. Except as stated below, all amended terms shall automatically
be effective immediately after they are initially posted on the EasyStoreHosting
Site. You authorize EasyStoreHosting to process any and all of Your EasyStoreHosting
account transactions initiated through the use of the password that You establish
through registration on the EasyStoreHosting Site and You are solely responsible
for maintaining the confidentiality of such password Notwithstanding anything
contained in the foregoing, this Agreement will not bind EasyStoreHosting unless
You meet the eligibility criteria for entering into this Agreement as set forth
in Section 1 of this Agreement.
1. 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. EasyStoreHosting uses many techniques to verify
the accuracy of the information you provide when you register on the EasyStoreHosting
Site. If for any reason, EasyStoreHosting, 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.
2. EASYSTOREHOSTING SOFTWARE AND TRADEMARK
OWNERSHIP AND LICENSES.
2.1 SOFTWARE OWNERSHIP.
Software provided
by EasyStoreHosting, and all worldwide intellectual property rights therein, are
the exclusive property of EasyStoreHosting. All rights in and to the Software
not expressly granted to You in this Agreement are reserved by EasyStoreHosting.
2.2
SOFTWARE LICENSE.
Subject to the terms and conditions of this Agreement,
EasyStoreHosting grants to You a non-exclusive, non-transferable, revocable, limited
license to remotely access and use the Software on servers operated by or for
EasyStoreHosting ("EasyStoreHosting Servers") through the EasyStoreHosting
Site solely for the purpose of building and maintaining an interactive store hosted
by the EasyStoreHosting Servers on which You offer Your or a third party's products
or services ("Your Store").
2.3 SOFTWARE LICENSE RESTRICTIONS.
You
acknowledge that the Software and its structure, organization, and source code
constitute valuable trade secrets of EasyStoreHosting. Accordingly, except as
expressly allowed under Section 2.2, You 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.
2.4 ADDITIONAL FEATURES.
Certain
additional features that EasyStoreHosting may make available to You 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, EasyStoreHosting may make available additional services
(including third party services) that are subject to supplemental or independent
terms and conditions ("Additional Services"). You agree that You will
not use such Additional Software or Additional Services unless You have agreed
to the applicable terms and conditions, including but not limited to Your payment
of additional fees as required. Depending on the Services you elect to receive,
You may be responsible for establishing and maintaining a commercial relationship
with a financial institution or money transmitter such as a credit card processor,
bank . The terms of any such relationship shall be between You and that entity
and such terms may be more restrictive or place limits on the operation of Your
Store - you should contact those entities for more information regarding such
terms.
3. SERVICES.
3.1 SERVICES.
Upon activation of Your account
and subject to the payment of applicable fees, EasyStoreHosting will provide certain
hosting, support and other miscellaneous Services for the Software licensed by
You under this Agreement and Your Store during the term of this Agreement as published
on the EasyStoreHosting Site. Your Store shall be hosted on a EasyStoreHosting
Server on which several merchants may share the resources and network capacity
of that EasyStoreHosting Server.
3.2 DOMAIN NAME REGISTRATION.
At
Your request and subject to Your agreement to applicable terms and conditions
and the payment of applicable fees, EasyStoreHosting Additional Services may include
acquisition and registration of a second-level domain name ("Domain Name")
for Your Store on Your behalf. You hereby appoint EasyStoreHosting and third parties
who provide domain name registration services to EasyStoreHosting as Your agent
in the acquisition, registration and ongoing administration of Domain Names on
Your behalf and You authorize EasyStoreHosting and third parties who provide domain
name registration services to EasyStoreHosting to select and issue binding instructions
to domain name registrars and registries used to acquire, register and administer
Domain Names on Your behalf. EasyStoreHosting 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 EasyStoreHosting 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, EasyStoreHosting reserves the right, in
EasyStoreHosting' 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.
3.3 STORE DESIGN AND CUSTOMIZATION.
At Your request, and
subject to EasyStoreHosting' acceptance of your request and Your payment of applicable
fees, EasyStoreHosting will provide design and customization Services for Your
Store as provided in this Section 3.3 and in accordance with EasyStoreHosting'
then current customization terms and conditions. You shall provide all text, music,
sound, photographs, video, graphics, logo data, software, design, information
and all other content for Your Store to EasyStoreHosting within a time period
designated by EasyStoreHosting. EasyStoreHosting shall transfer all Your content
into electronic form and a user-accessible format. Copyright infringement in part.
3.4
CHANGES IN SERVICES.
EasyStoreHosting reserves the right to change, amend
and/or otherwise alter the Services provided with equivalent or otherwise equal
Services without prior notice to You. You agree to receive administrative communications
from EasyStoreHosting in regards to the Software, Services, Your account, policy
changes and system updates.
4. YOUR STORE & CONTENT CONTROL
4.1
CONTROL OF YOUR STORE.
You will be solely responsible for the development,
operation and maintenance of Your Store, including the operation of Your Store,
accepting, processing and filing customer orders generated through Your Store,
and handling any customer inquiries, complaints, or disputes arising from orders
or sales generated through Your Store. You agree that EasyStoreHosting has no
obligation to back-up any data related to Your Store's operations and you should
independently take appropriate steps to maintain such data in accordance with
Your needs and requirements.
4.2 CONTROL OF YOUR STORE'S CONTENT.
You
will be solely responsible for creating, managing, editing, reviewing, deleting
and otherwise controlling the content on Your Store, regardless of whether EasyStoreHosting
provides any design or customization Services to You under this Agreement, including
all descriptions of the products and services You offer to customers of Your Store
and user-generated content on and related to Your Store. As a conduit, EasyStoreHosting
will give You complete discretion over Your content provided it is compatible
and interoperable with the Software and Services provided by EasyStoreHosting
under this Agreement. You retain all rights, title and interest in and to all
intellectual property rights embodied in Your content, exclusive of any content
provided by EasyStoreHosting. Notwithstanding anything contained in the foregoing,
if You breach any of the covenants in Section 5.1 of this Agreement, EasyStoreHosting
is entitled to suspend or terminate Your Store and/or any access to information
or data related to Your account and the Software in accordance with Section 12
of this Agreement.
4.3 PASSIVE CONDUIT.
You acknowledge that, by only
providing You with the ability to publish and distribute Your own or third party
products, services or content, EasyStoreHosting and its Software are acting only
as passive conduits for the distribution and/ or publishing of such products,
services or content on the Store. EasyStoreHosting has no obligation to You or
any third party, and undertakes no responsibility, to review Your Store, the products
or services listed therein or any other content, including but not limited to
user-generated content, published and/or distributed on Your Store to determine
whether any such product, service or content may incur liability to third parties.
Notwithstanding anything to the contrary herein, if EasyStoreHosting believes
in its sole discretion (as applicable) that Your Store or any products, services,
content or other materials in the Store or on EasyStoreHosting Servers may create
liability for EasyStoreHosting, You agree that EasyStoreHosting may take any actions
with respect to the content or materials or Your Store that EasyStoreHosting believes
are prudent or necessary to minimize or eliminate EasyStoreHosting' potential
liability. EasyStoreHosting shall, as applicable, be the sole judge of what content
or materials may create liability for EasyStoreHosting.
4.4 CONTENT LICENSE.
During
the period that EasyStoreHosting provides Services to You pursuant to Section
3 of this Agreement, You hereby grant to EasyStoreHosting and its subcontractors
a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license
to reproduce, distribute, create derivative works of, transmit, publicly perform,
publicly display and digitally perform Your content solely for the purposes provided
in this Agreement. You further agree that EasyStoreHosting has the exclusive right
, in its sole discretion , either to allow or to disallow, any or all web crawlers
to index sites or pages or e-stores hosted with EasyStoreHosting.
5. COVENANTS
5.1
COVENANTS BY YOU.
You covenant that any products, services, or content published
and distributed on Your Store and Your related activities shall not violate the
EasyStoreHosting 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
You shall not use Your account or Your 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 You 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 EasyStoreHosting Server structure as determined in EasyStoreHosting' sole
discretion, including without limitation overloading the EasyStoreHosting technical
infrastructure.
(xi) create liability for EasyStoreHosting and its subcontractors
or expose them to undue risk or otherwise engage in activities that EasyStoreHosting,
in its sole discretion, determines to be harmful to EasyStoreHosting' 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 EasyStoreHosting' Prohibited
and Restricted Items that is incorporated herein by reference and may be amended
from time to time.
EasyStoreHosting' Prohibited and Restricted Items
1.
You 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.
2. Without prejudice to the generality of the
above, EasyStoreHosting does not permit hosting of following items.
a) "Securities"
within the meaning of the Securities Contract Regulation Act, 1956, including
shares, bonds, debentures, etc. and/or any other financial instruments/assets
of any description. While this does not prevent a share broking firm to host its
website with EasyStoreHosting, the trading of the shares through an e-store made
available by EasyStoreHosting is prohibited.
b) Living, dead creatures and/or
the whole or any part of any§ animal which has been kept or preserved by
any means whether artificial or natural including rugs, skins, specimens of animals,
antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal
products of any description the sale and purchase of which is prevented or restricted
in any manner by applicable laws (including those prohibited under The Wildlife
Protection Act, 1972). Weapons of any description.
c) Liquor, tobacco products,
drugs, psychotropic substances, narcotics, intoxicants of any description, medicines,
palliative/curative substances.
d) Religious items, including books,artifacts,
etc. of any description or any other such item which is likely to affect the religious
sentiments of any person.
e). "Antiquities" and "Art Treasures"
in violation of the provisions of the Antiquities and Art Treasures Act, 1972
("the Act").
f) Used cellular phone SIM Cards.
g) Furthermore,
You agree to display and adhere to a terms of use or other user-type agreement,
as well as a privacy policy, governing Your operation of Your Store and Your conduct
with Your Store's customers.
5.2 BREACH OF COVENANT.
Your 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.
6. FEES, TAXES & AUDIT RIGHTS
6.1
FEES.
You shall pay the fees set forth for the Software license and Services
purchased by You in accordance with EasyStoreHosting' Fees Policy that is incorporated
herein by reference. EasyStoreHosting may change its Fees Policy and the fees
for its Services from time to time. EasyStoreHosting' changes to the policy are
effective after EasyStoreHosting provides You with at least fourteen (14) days'
notice of the changes by posting the changes on the EasyStoreHosting Site. Unless
otherwise stated, all fees are quoted in Indian Rupees
6.2 PAYMENT TERMS.
EasyStoreHosting
will invoice You and You agree to pay for
(i) non-refundable monthly subscription
and other annual or one-time fees, in advance, including fees for the license
of Software and Services to be rendered to You by or on behalf of EasyStoreHosting
in the following month, and
(ii) transaction fees and all other fees designated
in the Fees Policy to be paid in arrears based on the value of goods and services
sold through Your Store during the previous calendar month, in accordance with
the invoicing and payment requirements set forth in the Fees Policy.
EasyStoreHosting
will debit all fees payable by You to EasyStoreHosting directly from the credit
card account designated by You when You register for Your EasyStoreHosting account
to receive a license to the Software and receipt of Services from EasyStoreHosting
and thereafter in accordance with the Fees Policy. Without limiting EasyStoreHosting'
other remedies, any amount that is not retrievable from Your designated account
when due will accrue a late fee at one and one half percent (11/2%) per month
or the maximum rate permitted by applicable law, whichever is less, from the due
date until paid.
6.3 TAXES.
All fees under this Agreement exclude
all applicable sales, use, and other taxes and government charges, state or foreign,
and You will be responsible for payment of all such taxes (other than taxes based
on EasyStoreHosting' income), fees, duties, and charges, and any related penalties
and interest, arising from the payment of any and all fees under this Agreement
including the access to or license of the Software and performance of the Services
hereunder.
7. DISCLAIMER OF WARRANTIES.
EasyStoreHosting, 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, non-infringement; and warranties
arising from a course of dealing, usage or trade practice are excluded. EasyStoreHosting,
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.
You acknowledge and agree 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.
8. LIMITATION OF LIABILITY
In no
event shall EasyStoreHosting, 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). EasyStoreHosting', its suppliers', and service
providers', cumulative liability, and the liability of their officers, directors,
employees, contractors and agents to you or any third parties in any circumstances
shall be limited to payment received by EasyStoreHosting for that particular service
or month.
EasyStoreHosting has made this software /service available to
use as a matter of convenience. User agrees and acknowledges that user shall be
solely responsible for users conduct and that EasyStoreHosting reserves the right
to terminate your rights to use the service immediately, notwithstanding penal
provisions under the indian cyber laws or any other allied 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 EasyStoreHosting
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 EasyStoreHosting software/services for interrupted communications,
delay, lost data or lost profits arising out of or in connection with this agreement,
even if EasyStoreHosting has been advised of the possibility of damages, or inability
to use the EasyStoreHosting software/services or related services, the provision
of or failure to provide services, or for any information, software, products,
services and related graphics obtained through the EasyStoreHosting sites/services,
or otherwise arising out of the use of the EasyStoreHosting software/services,
whether based on contract, tort, negligence, strict liability or otherwise, even
if EasyStoreHosting or any of its suppliers has been advised of the possibility
of damages. EasyStoreHosting does not endorse in anyway any advertisers/ contents
of advertisers on there webpages. The clause shall survive the termination or
expiry of this agreement.
9. INDEMNITY
You agree to indemnify and
hold EasyStoreHosting, 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 your breach of the User
Agreement or the documents it incorporates by reference, or your violation of
any law or the rights of a third party.
10. CUSTOMER DATA, YOUR DATA &
PRIVACY POLICY
As between EasyStoreHosting and You, it is agreed that You
shall own all data disclosed by or collected about (a) an individual or entity
that accesses Your Store to browse or shop ("Customer Data"), and (b)
You ("Your Data"). EasyStoreHosting does not sell or rent Your Data
to third parties for marketing purposes without Your explicit consent and EasyStoreHosting
only uses and disclose Your Data as described in the EasyStoreHosting Privacy
Information, that is incorporated herein by reference and as it may be amended
from time to time.
EasyStoreHosting shall collect, store and process Customer
Data and Your Data on computers located in the any location, in any country, chosen
by EasyStoreHosting at its discretion that are protected by physical as well as
technological security devices. If You object to Customer Data or Your Data being
collected, stored or processed in this way, please do not use the Software or
Services.
You shall maintain all Customer Data that is collected by or disclosed
to You in trust and confidence and use and disclose such information solely in
accordance with Your privacy policy. You must post, maintain and adhere to Your
privacy policy that informs Your Store customers what Customer Data is collected,
how it is used, the effective date of Your privacy policy and how customers of
Your Stores can learn of changes to Your privacy policy. You shall include a hyperlink
to Your privacy policy on the home page of Your Store and on all pages where You
collect Customer Data. In addition, You must prominently include within Your posted
privacy policy a statement notifying Your customers that Your Store is hosted
by EasyStoreHosting and that EasyStoreHosting has access to aggregated information
about customers of Your Store in order for EasyStoreHosting to analyze performance
and make improvements to EasyStoreHosting products.
11. BREACH
Without
limiting other remedies, EasyStoreHosting may limit Your activity, issue a warning,
temporarily suspend, indefinitely suspend or terminate Your account or Your Store,
in whole or in part, and refuse to provide some or all of the Software functionality
or Services to You if:
You fail to pay any fees in accordance with Section
6 of this Agreement and the Price Policy.
You breach this Agreement or the
documents it incorporates by reference in any other manner.
EasyStoreHosting
is unable to verify or authenticate any information You provide to EasyStoreHosting,
or
EasyStoreHosting believes that Your actions may cause financial loss
or legal liability for You, Your Store customers, or EasyStoreHosting.
12.
SUSPENSION AND TERMINATION
12.1 SUSPENSION.
At the discretion of EasyStoreHosting
and for any reason set forth in Section 12 of this Agreement, EasyStoreHosting
may suspend Your account by deactivating any access by You or by Your customers
to any information contained on the EasyStoreHosting Servers related to Your account
while maintaining the information and data related to Your account upon the EasyStoreHosting
Servers. Suspension shall specifically include the disabling of Your Store and/or
any access to information or data related to Your account. In the event of any
such suspension You 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. You will remain responsible for the payment
of any such fees during any such period of suspension.
12.2 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 EasyStoreHosting (a) immediately 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 for any reason. YOU may terminate
this Agreement upon twenty-four hours notice by telephoning EasyStoreHosting'
designated customer support center. Your termination request may be recorded by
EasyStoreHosting and will require your user name and password and verification
code.
12.3 RIGHTS UPON TERMINATION.
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 You shall destroy all copies of
the Software in Your possession, if any. Upon termination, there will be no refund
provided to You except as set forth in the Price Policy and all outstanding fees
owed by You shall become immediately due and payable. Termination shall not affect
the rights of EasyStoreHosting to recover from You losses, damages, indemnity,
defense costs, expert costs, collection costs and/or attorneys fees or expert
witnesses' cost or other costs of any kind under this Agreement.
13. GENERAL
13.1
Governing Law and Jurisdiction:
This agreement is governed and construed
in accordance with the Laws of Union of India. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Hyderabad, AndhraPradesh,
India, in all disputes arising out of or relating to the use of the EasyStoreHosting
sites/services. Use of the EasyStoreHosting 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. You agree to indemnify
and hold EasyStoreHosting, 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 your use of or conduct on the EasyStoreHosting
sites/services.
EasyStoreHosting's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is
in derogation of EasyStoreHosting's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the EasyStoreHosting
software /services or information provided to or gathered by EasyStoreHosting
with respect to such use.
13.2 LEGAL COMPLIANCE
You shall comply with
all applicable domestic and international laws, statutes, ordinances and regulations
regarding Your use of the Software, the Services, and Your listing and sale of
products and services on Your Store.
13.3 NO AGENCY
You and EasyStoreHosting
are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
13.4
FORCE MAJEURE
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.
13.5 Relationship and Notice
Except
as explicitly stated otherwise, any notices shall be given by postal mail to EasyStoreHosting
, 205, Krishna Plaza ,Khairatabad, Hyderabad-500004 or to the email address you
provide to us during the registration process (in your 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 you 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.
14.6 Arbitration
If any dispute
arises between you and EasyStoreHosting during your 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 who shall be an independent and neutral third party
identified by EasyStoreHosting. The place of arbitration shall be Hyderabad. The
Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
The arbitration proceedings shall be in the English language.
13.7 NO THIRD
PARTY BENEFICIARY.
You 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.
13.8 SEVERABILITY WAIVER.
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. EasyStoreHosting' failure
to act with respect to a breach by You or others does not waive EasyStoreHosting'
right to act with respect to subsequent or similar breaches.
13.9 CONSTRUCTION.
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.
13.10 DISCLOSURES.
The services herein are offered by EasyStoreHosting,
205, Krishna Plaza, Khairatabad, Hyderabad-500004.
13.11 ENTIRE AGREEMENT.
This
Agreement sets forth the entire understanding and agreement between You and EasyStoreHosting
with respect to the subject matter hereof.
