SELLER TERMS & CONDITIONS

Please read the following terms & conditions carefully as it sets out the terms of a legally binding agreement between you (the Seller) and The Adroit, the Lawful owner of www.watskart.com.

This is Terms & Conditions Agreement (Hereinafter Known as “ Agreement ”) Between The Adroit (Hereinafter Known as “ The Adroit ”) and You as a Seller or the Entity That You Represent (Hereinafter Known as “Seller”). The Adroit Governing You Use of Watskart.com , an Online Software for Creating Ecommerce Website for Selling Goods & Services online with communication delivery via WhatsApp (Hereinafter Known as “Watskart”)

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms:

Seller must be of legal age to enter into a binding agreement in order to accept the Terms. If Seller do not agree to the General Terms, do not use any of our Services. If Seller agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. Seller can accept the Terms by checking a checkbox or clicking on a button indicating his acceptance of the terms or by actually using the Services.

Description of Service:

Watskart provide an online service for building an ecommerce portal for selling goods or services to consumer online with communication delivery via WhatsApp. Watskart facilitate the creation of ecommerce portal for a seller on a sub domain of ‘watskart.com’ similar to ‘sellername.watskart.com’ etc. Seller may use the Services for his personal and business use or for internal business purpose in the organization that Seller represent. Seller may connect to the Services using any Internet browser supported by the Services. Seller are responsible for obtaining access to the Internet and the equipment necessary to use the Services. Seller can create and edit content with his user account and if Seller choose to do so, Seller can publish and share such content.

Subscription to Beta Service:

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. Seller agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. Seller will be under no obligation to acquire a subscription to use any paid Service as a result of his subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to Seller. Seller agree that The Adroit will not be liable to Seller or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Modification of Terms of Service:

We may modify the Terms upon notice to Seller at any time through a service announcement or by sending email to his primary email address. If we make significant changes to the Terms that affect his rights, Seller will be provided with at least 30 days advance notice of the changes by email to his primary email address. Seller may terminate his use of the Services by providing The Adroit notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects his rights in connection with use of the Services. In the event of such termination, Seller will be entitled to prorated refund of the unused portion of any prepaid fees. his continued use of the Service after the effective date of any change to the Terms will be deemed to be his agreement to the modified Terms.

User Sign up Obligations:

Seller need to sign up for a user account by providing all required information in order to access or use the Services. If Seller represent an organization and wish to use the Services for corporate internal use, we recommend that Seller, and all other users from his organization, sign up for user accounts by providing his corporate contact information. In particular, we recommend that Seller use his corporate email address. Seller agree to: a) provide true, accurate, current and complete information about himself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If Seller provide any information that is untrue, inaccurate, outdated, or incomplete, or if The Adroit has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, The Adroit may terminate his user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators:

When Seller sign up for an account for his organization Seller may specify one or more administrators. The administrators will have the right to configure the Services based on his requirements and manage end users in his organization account. If his organization account is created and configured on his behalf by a third party, it is likely that such third party has assumed administrator role for his organization. Make sure that Seller enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of his organization account.

Seller are responsible for

  • ensuring confidentiality of his organization account password,
  • appointing competent individuals as administrators for managing his organization account, and
  • ensuring that all activities that occur in connection with his organization account comply with this Agreement. Seller understand that The Adroit is not responsible for account administration and internal management of the Services for Seller.

Seller are responsible for taking necessary steps for ensuring that his organization does not lose control of the administrator accounts. Seller may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to info@watskart.com,

Personal Information and Privacy:

Personal information Seller provide to The Adroit through the Service is governed by Watskart Privacy Policy , his election to use the Service indicates his acceptance of the terms of the Watskart Privacy Policy. info@watskart.com or by calling us on any of the numbers listed on http://watskart.com/v2/contact-us.

Responsibility of Seller:

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by Seller or on websites that link to, or are linked from, our Services however a Seller shall hold responsible for all the above from of content, dealing with his buyers in form of selling the products/services & shipping the products. We’re not responsible for any use or effects of Content or third-party websites. Any buyer or User of Seller shall contact the Seller for any discrepancy in dealing. So, The Adroit shall not be hold responsible or contacted by any third party in case of any type discrepancy of for example:

  • We don’t have any control over third-party websites or Sub domain.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • Seller is fully responsible for the Content available on his website, and any harm resulting from that Content. It’s his responsibility to ensure that his website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. Seller is responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content, products, services that’s for sale through any of our Services is the seller’s sole responsibility, so buyer must look solely to the seller for any damages that result from his purchase or use of Content.
  • The Adroit is not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between Seller and the provider of any Content.

Please note that additional third-party terms and conditions may apply to content user download, copy, purchase, or use.

Communications from The Adroit:

The Service may include certain communications from The Adroit, such as service announcements, administrative messages and newsletters. Seller understand that these communications shall be considered part of using the Services. As part of our policy to provide Seller total privacy, we also provide Seller the option of opting out from receiving newsletters from us. However, Seller will not be able to opt-out from receiving service announcements and administrative messages.

Complaints:

If we receive a complaint from any person against Seller with respect to his activities as part of use of the Services, we will forward the complaint to the primary email address of his user account. Seller must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy The Adroit in the communication. If Seller do not respond to the complainant within 10 days from the date of our email to Seller, we may disclose his name and contact information to the complainant for enabling the complainant to take legal action against Seller. Seller understand that his failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as his consent to disclosure of his name and contact information by The Adroit to the complainant.

Fees and Payments:

The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. his subscription will be automatically renewed at the end of each subscription period unless Seller downgrade his paid subscription plan to a free plan or inform us that Seller do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by Seller. We provide Seller the option of changing the details if Seller would like the payment for the renewal to be made through a different Credit Card. If Seller do not wish to renew the subscription, Seller must inform us at least seven days prior to the renewal date. If Seller have not downgraded to a free plan and if Seller have not informed us that Seller do not wish to renew the subscription, Seller will be presumed to have authorized The Adroit to charge the subscription fee to the Credit Card last used by Seller.

The Adroit follow NO REFUND policy & in any case of cancellation of any subscription by Seller or by The Adroit, The Adroit shall not be liable to refund any amount to Seller or any other third party.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of his then current billing cycle. Seller will not be charged for using any Service unless Seller have opted for a paid subscription plan.

Restrictions on Use:

In addition to all other terms and conditions of this Agreement, Seller shall not:

  • transfer the Services or otherwise make it available to any third party;
  • provide any service based on the Services without prior written permission;
  • use the third party links to sites without agreeing to their website terms & conditions;
  • post links to third party sites or use their logo, company name, etc. without their prior written permission;
  • publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
  • use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of The Adroit;
  • violate any applicable local, state, national or international law; and
  • create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities:

Seller agree to be solely responsible for the contents of his transmissions through the Services. Seller agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. Seller agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate his access to the Services if there are reasonable grounds to believe that Seller have used the Services for any illegal or unauthorized activity.

Inactive User Accounts Policy:

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide Seller prior notice of such termination and option to back-up his data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep his user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership:

We respect his right to ownership of content created or stored by Seller. Seller own the content created or stored by Seller. Unless specifically permitted by Seller, his use of the Services does not grant The Adroit the license to use, reproduce, adapt, modify, publish or distribute the content created by Seller or stored in his user account for The Adroit’s commercial, marketing or any similar purpose. But Seller grant The Adroit permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of his user account solely as required for the purpose of providing the Services to Seller.

User Generated Content:

Seller may transmit or publish content created by Seller using any of the Services or otherwise. However, Seller shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. Seller are responsible for ensuring that Seller do not accidentally make any private content publicly available. Any content that Seller may receive from other users of the Services, is provided to Seller AS IS for his information and personal use only and Seller agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if Seller come across any content with copyright notice(s) or any copy protection feature(s), Seller agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services Seller affirm that Seller have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, Seller expressly agree that The Adroit will have the right to block access to or remove such content made available by Seller if The Adroit receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, Seller expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by The Adroit for this purpose.

Sample files and Applications:

The Adroit may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. The Adroit makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark:

Watskart, Watskart logo, the names of individual Services and their logos are trademarks of The Adroit. Seller agree not to display or use, in any manner, the Watskart trademarks, without The Adroit’s prior permission.

Disclaimer of Warranties:

Seller expressly understand and agree that the use of the services is at his sole risk. the services are provided on an as-is-and-as-available basis. The adroit expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The adroit makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at his own discretion and risk and seller will be solely responsible for any damage to his computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by seller from the adroit, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability:

Seller agree that the adroit shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by his use of or inability to use the service, even if the adroit has been advised of the possibility of such damage. in no event shall the adroit’s entire liability to seller in respect of any service, whether direct or indirect, exceed the fees paid by seller towards such service.

Indemnification:

Seller agree to indemnify and hold harmless The Adroit, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that Seller have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to his use of the Services, except where such use is authorized by The Adroit.

Applicable Law:

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Maharashtra, India and subject to the exclusive jurisdiction of the courts located in India.

Suspension and Termination:

We may suspend his user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to info@watskart.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate his user account on his request.

In addition, we reserve the right to terminate his user account and deny the Services upon reasonable belief that Seller have violated the Terms and to terminate his access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Seller have the right to terminate his user account if The Adroit breaches its obligations under these Terms and in such event, Seller will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in his user account such as his email address and password and deletion of all data in his user account.

End of Terms of Service:

If Seller have any questions or concerns regarding this Agreement, please contact us at info@watskart.com

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