Welcome to MartJack ecommerce engine service provided by Reasoning.
|
|
| This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and MartJack . ("MartJack"). This Agreement comes in to effect when you register for using MartJack services. By Registering with MartJack, 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 MartJack. |
|
| The terms and conditions contained herein form an Agreement regulating our relationship with regard to use of MartJack 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 MartJack 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 |
|
| MartJack 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 |
|
| MartJack 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 MartJack website located at www.MartJack ("MartJack Site") that are incorporated herein by reference and may be accessed through links in this Agreement, MartJack 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 MartJack 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 Immediatly after they are initially posted on the MartJack Site. You authorize MartJack to process any and all of Your MartJack account transactions initiated through the use of the password that You establish through registration on the MartJack Site and You are solely responsible for maintaining the confidentiality of such password Notwithstanding anything contained in the foregoing, this Agreement will not bind MartJack 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. MartJack uses many techniques to verify the accuracy of the information you provide when you register on the MartJack Site. If for any reason, MartJack, 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. MARTJACK SOFTWARE AND TRADEMARK OWNERSHIP AND LICENSES. |
| 2.1 SOFTWARE OWNERSHIP. |
| Software provided by MartJack, and all worldwide intellectual property rights therein, are the exclusive property of MartJack. All rights in and to the Software not expressly granted to You in this Agreement are reserved by MartJack. |
|
| 2.2 SOFTWARE LICENSE. |
| Subject to the terms and conditions of this Agreement, MartJack grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for MartJack ("MartJack Servers") through the MartJack Site solely for the purpose of building and maintaining an interactive store hosted by the MartJack 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 MartJack. 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 MartJack 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, MartJack 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, MartJack 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 MartJack Site. Your Store shall be hosted on a MartJack Server on which several merchants may share the resources and network capacity of that MartJack 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, MartJack Additional Services may include acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. You hereby appoint MartJack and third parties who provide domain name registration services to MartJack as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize MartJack and third parties who provide domain name registration services to MartJack to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. MartJack 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 MartJack 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, MartJack reserves the right, in MartJack' 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 MartJack' acceptance of your request and Your payment of applicable fees, MartJack will provide design and customization Services for Your Store as provided in this Section 3.3 and in accordance with MartJack' 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 MartJack within a time period designated by MartJack. MartJack shall transfer all Your content into electronic form and a user-accessible format. Copyright infringement in part. |
|
| 3.4 CHANGES IN SERVICES |
| MartJack 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 MartJack 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 MartJack 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 MartJack 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, MartJack will give You complete discretion over Your content provided it is compatible and interoperable with the Software and Services provided by MartJack 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 MartJack. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 5.1 of this Agreement, MartJack 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, MartJack and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. MartJack 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 MartJack believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on MartJack Servers may create liability for MartJack, You agree that MartJack may take any actions with respect to the content or materials or Your Store that MartJack believes are prudent or necessary to minimize or eliminate MartJack' potential liability. MartJack shall, as applicable, be the sole judge of what content or materials may create liability for MartJack. |
|
| 4.4 CONTENT LICENSE. |
| During the period that MartJack provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to MartJack 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 MartJack 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 MartJack |
|
| 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 MartJack 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 MartJack Server structure as determined in MartJack' sole discretion, including without limitation overloading the MartJack technical infrastructure. |
| (xi) create liability for MartJack and its subcontractors or expose them to undue risk or otherwise engage in activities that MartJack, in its sole discretion, determines to be harmful to MartJack' 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 MartJack' Prohibited and Restricted Items that is incorporated herein by reference and may be amended from time to time. |
|
| MartJack' 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, MartJack 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 MartJack, the trading of the shares through an e-store made available by Martjack 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 MartJack' Fees Policy that is incorporated herein by reference. MartJack may change its Fees Policy and the fees for its Services from time to time. MartJack' changes to the policy are effective after MartJack provides You with at least fourteen (14) days' notice of the changes by posting the changes on the MartJack Site. Unless otherwise stated, all fees are quoted in Indian Rupees |
|
| 6.2 PAYMENT TERMS. |
| MartJack 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 MartJack 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. |
|
| MartJack will debit all fees payable by You to MartJack directly from the credit card account designated by You when You register for Your MartJack account to receive a license to the Software and receipt of Services from MartJack and thereafter in accordance with the Fees Policy. Without limiting MartJack' 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 MartJack' 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. |
| Martjack, 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. Martjack, 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 martjack, 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). Martjack', 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 recived by martjack for that particular service or month. |
|
| Martjack has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for user.s conduct and that martjack 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 martjack 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 martjack software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if martjack has been advised of the possibility of damages, or inability to use the martjack 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 martjack sites/services, or otherwise arising out of the use of the martjack software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if martjack or any of its suppliers has been advised of the possibility of damages. Martjack 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 MartJack, 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 MartJack 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"). MartJack does not sell or rent Your Data to third parties for marketing purposes without Your explicit consent and MartJack only uses and disclose Your Data as described in the MartJack Privacy Information, that is incorporated herein by reference and as it may be amended from time to time. |
|
| MartJack shall collect, store and process Customer Data and Your Data on computers located in the any location, in any country, chosen by MartJack 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 MartJack and that MartJack has access to aggregated information about customers of Your Store in order for MartJack to analyze performance and make improvements to MartJack products. |
|
| 11. BREACH |
| Without limiting other remedies, MartJack 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. |
| MartJack is unable to verify or authenticate any information You provide to MartJack, or |
| MartJack believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or MartJack. |
|
| 12. SUSPENSION AND TERMINATION |
| 12.1 SUSPENSION. |
| At the discretion of MartJack and for any reason set forth in Section 12 of this Agreement, MartJack may suspend Your account by deactivating any access by You or by Your customers to any information contained on the MartJack Servers related to Your account while maintaining the information and data related to Your account upon the MartJack 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 MartJack (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 MartJack' designated customer support center. Your termination request may be recorded by MartJack 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 MartJack 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 MartJack sites/services. Use of the MartJack 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 MartJack, 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 MartJack sites/services. |
| MartJack's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MartJack's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MartJack software /services or information provided to or gathered by MartJack 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 MartJack 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 MartJack , 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 MartJack 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 MartJack. 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. MartJack' failure to act with respect to a breach by You or others does not waive MartJack' 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 MartJack, 205, Krishna Plaza, Khairatabad, Hyderabad-500004. |
|
| 13.11 ENTIRE AGREEMENT.
|
| This Agreement sets forth the entire understanding and agreement between You and MartJack with respect to the subject matter hereof.
|
|
|
|
|
 |
| |
|
Concentrate on enhancing your business and profits by simplifying the technology...
Give you the easiest ever tools to simply "plug" your store to internet...
Value every business and have affordable plans for all...
|
|
|