Merchant user Agreement to use eCommfy PLATFORM

This Merchant User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “Licensee”), M/s. Sarvika Technologies Pvt Ltd, a Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 29, Brijlalpura, Opp. J. K. Petrolpump, Gopalpura Bypass, JAIPUR 302019 hereinafter called “ STPL” and its product/s eCommfy (eCommerce Simplified). This Agreement comes into effect when you register for using eCommfy services or signing an application for utilizing services of eCommfy. By Registering or signing with eCommfy, You signify your absolute and unconditional consent to all the provisions of this agreement in their entirety.

This agreement constitutes a legally binding agreement between Licensee and STPL. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to STPL. Notwithstanding anything contained in the foregoing, this Agreement will not bind STPL (eCommfy) unless you meet the eligibility criteria for entering into this Agreement as set forth in Section 2 of this Agreement.

**Please carefully read Annexure 1 & Annexure 2 to understand key roles and responsibilities, scope of work, support and key terms of engagement with STPL**

DEFINITIONS:The following terms shall have the meanings defined below when used in capital letters herein:

  • 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, notated, supplemented, varied or replaced from time to time.
  • “eCommfy’” or “eCommfy’ application” or “eCommfy’ Software” means the software Platform (“Software”) provided by STPL.
  • Services means the services provided by STPL, on behalf of the CLIENT including hosting of the online store, site design, email services, marketing services, and other related services as may be offered from time to time. Software and/or Services are provided by eCommfy on SAAS (software as service) model.
  • “eCommfy License” or “eCommfy Application License” has its meaning described in Section 2 of this Agreement.
  • “eCommfy site” or “eCommfy website” refers to the eCommfy product website – www.eCommfy.com
  • “Intellectual Property Rights” means all patents (whether registered or not), trademarks ( whether registered or not), copyrights (whether registered or not), design rights, trade secrets, marks or any other intellectual property rights in Software licensed, granted or assigned by STPL to, or otherwise vested in, Licensee pursuant to the Agreement.
  • Client: merchant, retailer, or any individual that subscribes for the eCommfy e-commerce platform and other associated services offered by STPL
  • Customer: Individuals or organization visiting the online e-commerce store of the client with an intention to buy the products showcase on the online store.
  • Payment Gateway: A strategic alliance partner of STPL that is a well-established online payment processor.
  • Logistics Partner: Are the courier and/or cargo companies that have a relationship with STPL that will handle logistics for the CLIENT on the behalf of STPL 2.

ELIGIBILITY CRITERIA:The Services and Software license are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. STPL uses many techniques to verify the accuracy of the information you provide when you register on the eCommfy™ Site or through other means. If for any reason, STPL, 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.

eCommfy (SOFTWARE), TRADEMARK OWNERSHIP AND eCommfy LICENSE

  • The Software provided by STPL and all intellectual property rights therein, are the exclusive property of STPL
  • Subject to the terms and conditions of this Agreement, STPL grants to Licensee a nonexclusive, nontransferable, revocable, limited license to remotely access and use the Software on servers operated by or for STPL through the eCommfy Application solely for the purpose of building and maintaining an interactive store hosted by the STPL Servers on which Licensee offer Licensee’s or a third party’s products or services (“Licensee’s Store”).
  • The Software and its structure, organization, and source code constitute valuable trade secrets of STPL Accordingly, except as expressly allowed Licensee will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party.

ADDITIONAL SOFTWARE AND SERVICES:Certain additional features that STPL may make available to Licensee may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”) Similarly, STPL may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions

(“Additional Services”). Such software and services are subject to additional payments as required and are subject to Licensee’s consent to such terms and conditions associated with the use of additional software and services.

SERVICES

Upon activation of Licensee’s account and subject to the payment of applicable fees, Sarvika Technologies Pvt Ltd. will provide certain hosting, support and other miscellaneous Services for the Software licensed by Licensee under this Agreement and Licensee’s Store during the term of this Agreement as published on the eCommfy Site.

Licensee’s Store shall be hosted on a Sarvika Technologies PVT Ltd server on which several merchants may share the resources and network capacity of that STPL Server.

STORE DESIGN AND CUSTOMIZATION: At Licensee’s request, and subject to STPL’s acceptance of Licensee’s request and Licensee’s payment of applicable fees, STPL will itself provide, design and customization services for Licensee in accordance with STPL’s then current customization terms and conditions and customization costs. This service is not FREE of charge and is not included in the subscription fee packages. However, the merchant is free to use the tools provided in the admin area of eCommfy to design their store however they wish.

DOMAIN NAME REGISTRATION:At Licensee’s request and subject to your agreement to applicable terms and conditions and the payment of applicable fees, STPL’s Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf. You hereby appoint STPL and third parties who provide domain name registration services to STPL as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize STPL and third parties

who provide domain name registration services to STPL To select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. STPL 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 Sarvika Technologies PVT Ltd. 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, STPL reserves the right, in STPL’s sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.

CHANGES IN SERVICES:STPL reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to licensee. Licensee agree to receive administrative communications from STPL in regards to the Software, Services, Licensee’s account, policy changes and system updates.

LICENSEE’S STORE & CONTENT CONTROL

  • Licensee will be solely responsible for the development, operation and maintenance of Licensee’s Store, including the operation of Licensee’s Store, accepting, processing and filing customer orders generated through Licensee’s Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Licensee’s Store even though STPL shall assist the client vide its above quoted services provided they are availed of. Licensee agree that STPL has no obligation to back- up any data related to Licensee’s Store’s operations and Licensee should independently take appropriate steps to maintain such data in accordance with Licensee’s needs and requirements.
  • Licensee will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Licensee’s Store, regardless of whether STPL provides any design or customization Services to Licensee under this Agreement, including all descriptions of the products and services Licensee offer to customers of Licensee’s
  • Store and user-generated content on and related to Licensee’s Store. As a conduit, STPL will give Licensee complete discretion over Licensee’s content provided it is compatible and interoperable with the Software and Services provided by Sarvika Technologies Pvt Ltd. Under this Agreement. Licensee retain all rights, title and interest in and to all intellectual property rights embodied in Licensee’s content, exclusive of any content provided by STPL Notwithstanding anything contained in the foregoing, if Licensee breaches any of the covenants in Section 5.1 of this Agreement, STPL is entitled to suspend or terminate Licensee’s Store and/or any access to information or data related to Licensee’s account and the Software in accordance with Section 12 of this Agreement.
  • Licensee acknowledges that, by only providing Licensee with the ability to publish and distribute Licensee’s own or third party products, services or content, STPL and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. STPL has no obligation to Licensee or any third party, and undertakes no responsibility, to review Licensee’s Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Licensee’s Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if STPL believes in its sole discretion (as applicable) that Licensee’s Store or any products, services, content or other materials in the Store or on Sarvika Technologies Pvt Ltd. Servers may create liability, STPL may take any actions with respect to the content or materials.
  • Licensee hereby grants STPL an irrevocable, royalty-free, worldwide license to Reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Licensee’s content solely for the purposes provided in this Agreement.
  • Licensee further agrees that STPL has the exclusive right, in its sole discretion, to share or distribute the content provided by Licensee and to either allow or to disallow, any or all web crawlers to index sites or pages or e-stores hosted with STPL. STPL shall not be held responsible in the event Licensee violates any intellectual property rights of the other Parties and Licensee shall alone responsible for such violations.
  • **Please carefully read Annexure 1 & Annexure 2 to understand key roles and responsibilities, scope of work, support and key terms of engagement with STPL**

COVENANT

  • COVENANTS BY LICENSEE:Licensee covenants that any products, services, or content published and distributed on Licensee’s Store and Licensee’s related activities shall not violate the STPL Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they:
  • Be false, inaccurate or misleading be fraudulent or involve the sale of counterfeit or stolen items Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • 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).
  • 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.
  • Be obscene or contain pornography
  • 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.
  • Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and Licensee shall not use Licensee’s account or Licensee’s Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities
  • Involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express consent of that person or entity and of which consent Licensee shall maintain a record for a period of three (3) years after any termination of this Agreement.
  • Be harmful or potentially harmful to the STPL Server infrastructure as determined in STPL’ s sole discretion, including without limitation overloading the STPL’ technical infrastructure.
  • reate liability for STPL and its subcontractors or expose them to undue risk or otherwise engage in activities that STPL, in its sole discretion, determines to be harmful to STPL’ operations, reputation, or goodwill, and Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate STPL’ Prohibited and Restricted Items clauses that are incorporated herein by reference and may be amended from time to time.
  • Licensee shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force or any item mentioned in STPL’ Prohibited and Restricted Items list provided below.
  • Licensee agree to display and adhere to terms of use or other user-type agreement, as well as a privacy policy,
  • Governing Licensee’s operation of Licensee’s Store and Licensee’s conduct with Licensee’s Store’s customers.
  • BREACH OF COVENANT:Licensee’s failure to comply with the covenants set forth in Section 6.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 13 of this Agreement.

FEES, TAXES & AUDIT RIGHTS

  • Licensee agrees to pay to STPL the Fees in the amount, manner and at the times set out on the eCommfy website at the link http://www.eCommfy.com/pricing; Licensee is responsible for payment for its own license of eCommfy application as well as for the licenses sub-licensed to its merchants.

PAYMENT TERMS:STPL will invoice Licensee and Licensee agrees to pay for

    • BILLING PERIOD:Start date of Billing period would be considered as follows, whichever is earlier. Within Maximum of 30 days of payment of the advance or the signup fee
    • or
    • When the merchant’s online store is transferred the merchants own Top Level Domain form the eCommfy trial URL
    • 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 Licensee by or on behalf of Sarvika Technologies PVT Ltd. in the following month, and 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 Licensee’s Store during the previous calendar month, in accordance with the invoicing and payment requirements set forth in the Fees Policy.

CANCELLATION & REFUND POLICY (FEES & TAXES)Licensee agrees to pay to eCommfy the Fees in the amount, manner and at the times as agreed upon; Licensee are responsible for payment for its own license of eCommfy application as well as for the licenses sub-licensed to its merchants.

      • Unless a merchant explicitly sends a cancelation request by issuing an email to support@eCommfy.com, services will stand active and the merchant would be liable to make any payments until such a cancelation request is received & acknowledged by STPL.
      • No charges if you terminate your eCommfy account – Once a merchant deletes/terminates the account, they would not be charged again, but the merchant is responsible for whatever charges have already been incurred for the current billing period. For example, if the billing cycle is on the 15th of every month, and they cancel on the 24th, they’ll still have to pay for the current month, but they won’t be charged again after that.

TAXES

      • All fees under this Agreement ` all applicable sales, use, and other taxes and government charges, state or foreign, and Licensee will be responsible for payment of all such taxes (other than taxes based on STPL’ income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement.
      • **Please carefully read Annexure 1 & Annexure 2 to understand key roles and responsibilities, scope of work, support and key terms of engagement with STPL**

DISCLAIMER OF WARRANTIES

STPL, 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. STPL, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Licensee acknowledges and agrees that this section 7 is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different. 11.

LIMITATION OF LIABILITY

      • .In no event shall STPL, 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). STPL, its suppliers’, and service providers’, cumulative liability, and the liability of their officers, directors, employees, contractors and agents to Licensee or any third parties in any circumstances shall be limited to payment received by STPL for that particular service or month. There is no warranty in respect of the eCommfy, Software or Services.
      • STPL has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for their conduct and that STPL reserves the right to terminate Licensee’s rights to use the service immediately, notwithstanding penal provisions under the laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
      • In no event shall STPL 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 Sarvika Technologies Pvt Ltd. software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, or otherwise arising out of the use of the eCommfy software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if STPL or any of its suppliers has been advised of the possibility of damages. STPL does not endorse in anyway any advertisers/ contents of advertisers on their web-pages. The clause shall survive the termination or expiry of this agreement.
      • The material and information provided by Licensee (“content”) under this agreement belongs to Licensee who agrees to grant the rights to share, redistribute or otherwise use the content to STPL as described in Section 4 of this agreement. Licensee being the owner of the content provided shall be responsible for any acts of violation of rights of another or intellectual property infringement by way of the content provided. STPL makes no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, of the content provided in the content or the information on products, services (information) made available Licensee. STPL and their business partners would not be liable for any intellectual property infringement or violation of rights of another by use of such contents.

INDEMNITY

Licensee agree to indemnify and hold STPL, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Licensee’s breach of the User Agreement or the documents it incorporates by reference, or Licensee’s violation of any law or the rights of a third party.

CUSTOMER DATA, LICENSEE’S DATA & PRIVACY POLICY:

      • As between STPL and Licensee, it is agreed that Licensee shall own all data disclosed by or collected about (a) an individual or entity that accesses Licensee’s Store to browse or shop (“Customer Data”), and (b) Licensee (“Licensee’s Data”).STPL Does not share Licensee’s Data to third parties for marketing purposes without Licensee’s explicit consent and STPL only uses and disclose Licensee’s Data as described in the STPL Privacy Policy, that is incorporated herein by reference and as it may be amended from time to time.
      • STPL Shall collect, store and process Customer Data and Licensee’s Data on computers located in any location, in any country, chosen by STPL at its discretion that are protected by physical as well as technological security devices subject to the privacy policy incorporated herein by reference.
      • Licensee shall use, maintain, collect all Customer Data disclosed to Licensee in trust and confidence and use
      • And disclose such information solely in accordance with the Privacy Policy of STPL

BREACH

Without limiting other remedies, STPL may limit Licensee’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licensee’s account or Licensee’s Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licensee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licensee or if Sarvika Technologies PVT Ltd. Believes that Licensee’s actions may cause financial loss or legal liability for Licensee, Licensee’s Store customers, or STPL

SUSPENSION AND TERMINATION

SUSPENSION:At the discretion of STPL And for any reason set forth in this section (Section 15) of this Agreement, STPL May suspend Licensee’s account by deactivating any access by Licensee or by Licensee’s customers to any information contained on the STPL Servers related to Licensee’s account while maintaining the information and data related to Licensee’s account upon the STPL Servers. Suspension shall specifically include the disabling of Licensee’s Store and/or any access to information or data related to Licensee’s account. In the event of any such suspension Licensee will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 15.2- TERMINATION of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. Licensee will remain responsible for the payment of any such fees during any such period of suspension.

TERMINATION:This Agreement and all of its terms shall remain in full force and effect until it is terminated in Accordance with the terms of this Agreement. This Agreement may be terminated either by STPL (a) as provided in this Agreement, (b) after a period of suspension as set forth in Section 15.1 – SUSPENSION of this Agreement, or (c) upon thirty (30) days written notice. Licensee may terminate this Agreement upon twenty-four hours’ notice by telephoning STPL’ designated customer support center. Licensee’s termination request may be recorded by Sarvika Technologies PVT Ltd. And will require Licensee’s username and password and verification code. In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and Licensee shall destroy all copies of the Software in Licensee’s possession, if any. Upon termination, there will be no refund provided to Licensee except as set forth in the Price Policy and all outstanding fees owed by Licensee shall become immediately due and payable. Termination shall not affect the rights of STPL to recover from Licensee losses, damages, indemnity, defines costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.

GENERAL

      • This agreement is governed and construed in accordance with the Laws of Union of India. Licensee hereby irrevocably consents to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the STPL’s products/sites/services. Use of the eCommfy software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Licensee agree to indemnify and hold STPL, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of Licensee’s use of or conduct on the STPL’s products/sites/services. Licensee agree that Sarvika Technologies PVT Ltd. has absolute authority to modify or change the terms and conditions of the agreement without Licensee’s consent and the modified terms and conditions can be kept in eCommfy website and no separate notice is required to be issued to Licensee.
      • Licensee shall comply with all applicable domestic and international laws, statutes, ordinances and Regulations regarding Licensee’s use of the Software, the Services, and Licensee’s listing and sale of products and services on Licensee’s Store.
      • Licensee and STPL are independent contractors, and no agency, partnership, Joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
      • Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labour dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party in the breach
      • .Except as explicitly stated otherwise, any notices Licensee shall be given by postal mail to STPL, 29, Brijlalpura, Opp. J. K. Petrolpump, Gopalpura Bypass, JAIPUR 302019, India Or STPL May issue the notice to the email address Licensee provide to us during the registration process (in Licensee’s case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give Licensee notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
      • f any dispute arises between Licensee and STPL during Licensee’s use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by STPL The place of arbitration shall be Jaipur. The Arbitration & Conciliation Act, 1996, shall govern the Arbitration proceedings. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally. All other expenses of Lawyers’ fees and other expenses shall be borne by the respective parties.
      • Licensee acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. STPL’s failure to act with respect to a breach by Licensee or others does not waive STPL’s right to act with respect to subsequent or similar breaches.

      • Headings are for reference purposes only and in no way define, limit, construe or describe the scope or Extent of such section. When used in this Agreement, the term “including” means” including without limitation,” unless expressly stated to the contrary.

PERMISSION TO USE

You may use the eCommfy for your business requirements only in accordance with the terms and conditions of this Agreement.

      • Account Data. You hereby pledge that you will not in any way either enable nor allow any party to access or use any data obtained through scraping or any other methodology apart from those explicitly provided through the standard interfaces provided by eCommfy. You must neither enable nor allow either, knowingly or unknowingly, any party to access or use the account, passwords, private data, customer data, or any other account information of a party other than yourself (as has been permitted and authenticated).
      • Co-Mingling of eCommfy Data: You must not use any mechanism to view or show any fields (or other data entities) for collecting or transmitting eCommfy Data to Third Parties without explicit written permission from STPL
      • You must not use any mechanism to view or show any fields (or other data entities) for collecting or transmitting eCommfy Data to Third Parties without explicit written permission from STPL
      • No Distribution. You are not allowed to distribute or sell data obtained from eCommfy other than your own customer data (as described in the Customer data section of this agreement)
      • Security. You must have adequate protections in order to keep secure and prevent any spurious or malicious usage or access of eCommfy or eCommfy infrastructure.
      • Data Collection. You must not enable STPL/eCommfy Scraping or other non-standard ways of obtaining data from eCommfy other than through the standard interfaces provided by eCommfy or accept data from STPL/eCommfy Scraping.
      • Personally Identifiable Information. You must not collect personally identifiable information of any party unless you first inform the user about the types of information being collected and how that information may be used and then obtain the user’s express permission for those uses.
      • Compliance with Law. You must comply with all applicable government laws, rules and regulations and any Third Party’s rights and must not operate in a manner that is, or that a user of your online store would reasonably consider, deceptive, unethical, false or misleading.
      • Duty not to Interfere. You must not interfere or attempt to interfere in any manner with the proper working of eCommfy.
      • STPL Monitoring. You must not, and must not attempt to, interfere with STPL Monitoring of eCommfy activity or otherwise obscure from eCommfy activity. STPL/eCommfy may use any technical means to overcome such interference, including without limitation suspending or terminating access of eCommfy.
      • Automated Use. You may not provide a Third Party the ability to, via automated means, use eCommfy — all Third Party use must be by a human user your online store.
      • This Agreement sets forth the entire understanding and agreement between Licensee and STPL with respect to the subject matter hereof.

LIST OF RESTRICTED ITEMS

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. Without prejudice to the generality of the above, STPL does not permit hosting of following items:

      • “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 STPL, the trading of the shares through an e-store made available by STPL is prohibited.
      • 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.
      • Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, Palliative/curative substances.
      • Religious items, including books, artefacts, etc. Of any description or any other such item which is likely to affect the religious sentiments of any person.
      • “Antiquities” and”Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972 (“The Act”).
      • Used cellular phone SIM Cards.
      • 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.

Annexure 1

Go Live Team Responsibilities and Scope of Work

What is Go Live :Go Live is a 3 week training and support period granted to eCommfy customers once they have made an advance payment for an eCommfy Plan.

      • Start date of Billing period would be considered as follows, whichever is earlier:
      • Within Maximum of 3 weeks of payment of the advance or the signup fee.
      • or
      • When the merchant’s online store is transferred the merchants own Domain from the eCommfy’s trial URL.
      • 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 Licensee by or on behalf of Sarvika Technologies Pvt. Ltd. in the following month.When the merchant’s online store is transferred the merchants own Domain from the eCommfy’s trial URL.

Who Is Go Live Expert

      • An eCommfy Expert, who will be assigned for 3 weeks for helping the client in setting up the store.
      • He will make a welcome call and provide a road map to the client for setting up the store within 3 weeks.
      • He will arrange a training session for eCommfy admin panel and guide on various apps and modules required for store setup, this training will be divided into 2 sections as following;
      • Basic Training – This will be arranged in the first week of the project initiation
      • Advanced Training (On Demand) – This training will be arranged on-demand basis. Ideally this will be arranged once basic store setup has been done by the client (third week of the project initiation)
      • The training will be provided over Skype, Team Viewer or Google Hangout as per client’s preference.
      • These things should be ready with the merchant @ time of training
      • Logo of the company in jpg/png
      • Banner in jpg/png
      • Product images in jpg & dimensions must be in the same ratio (Width:Height)
      • Product data sheet in the eCommfy format – Format will be shared @ time of Welcome email/call by eCommfy

Go Live Expert

      • Static pages like About Us, Shipping & Delivery Policy terms and conditions etc.
      • Merchant has to setup the store within 3 weeks of time, during the 3 weeks period in case of any issue/doubt he can take help of Go Live expert assigned for his project
      • eCommfy Go Live expert will coordinate over email primarily and if required will assist to the client over phone
      • Once store is ready from client’s end, a basic QC is performed by Go Live Expert as well as the same will be done from client’s end.
      • Once client is satisfied, he needs to raise a request to Go Live expert for making the store Live, this request will be made over email, No confirmation will be accepted over phone call.
      • Regarding payment gateway, eCommfy has integrated PayU as third party payment channels which itself has tie up with all major banks and financial institutes. While we help you get connected to PayU payment channel, account registration & activation is the responsibility of merchant.
      • Support from Go Live Expert will only be available for 3 weeks from the signup date. After these 3 weeks all the issues will be entertained by our support team. You need to register and raise tickets at support@eCommfy.com

eCommfy Go Live Expert will not do the following things:

      • Banners, Logo, Product data creation is sole responsibility of the merchant, eCommfy Go Live expert will help in providing the exact dimensions and required format for the same
      • Store setup which includes design – Banners, Logo upload, product data upload, Image upload, Apps management, business rules setup will be done by the client. eCommfy Go Live Expert will help the merchant in setting up the store by providing a training session for the same. Please note – eCommfy Go Live Expert will not setup the store from his end
      • By Default custom design will not be in project scope, but if a merchant requests for the same that should have already been discussed with the RM (who closed the sale) and the design cost has been paid by the merchant, then only Go Live Expert will work on the custom design requirements defined by the client very clearly in a written document (in psd format)

Training

Basic Training (75Mins)

      • Template Finalization – 5Mins
      • Store Design – 15Mins (Logo, Fav Icon, Banners, Home Page static blocks, Font and Color)
      • Data Creation and Management – 20Mins (Add a Product, Product Variations, Attributes, Create Category, Add a Brand, Bulk Upload, Bulk Image upload, Special Price)
      • Apps Management – 15Mins (Related Products, Hot sellers, Latest, Showcase and Discounted etc., Left Category Menu, Basic Top Menu, Product Filters, Auto page Loader, Inclusive VAT, Google Analytics and Google Adwords, SEO URLs and Tag Generator)
      • Business Rules -10Mins (Cash On Delivery, Free Flat Shipping)
      • Static Pages -5Mins (pages management)
      • Payment Gateway -5Mins

 

Advanced Training (On-demand) – (75Mins)

      • Store Design – 15Mins (Add your own HTML/CSS Code, Theme Builder, Category Page Columns)
      • Data Creation and Management – 10Mins (Bulk Update, Dependant Options (On Demand), Products Sorting)
      • Apps Management – 30Mins (Coupon Creation, Gift Voucher, Daily Deals, Facebook Fanbox, Login with facebook, Mailchimp (On-Demand), Testimonial), Abandoned Cart Reminder (On-Demand), Reward Points (On demand), Form Builder (On-Demand), Discount %
      • Business Rules -15Mins (CoD Charges, Handling Fee, Restricted Payment Method (On-Demand), Weight based Shipping (On-Demand), Special Case (On-Demand) )
      • Domain Pointing – 5Mins

Store Setup Checklist/Road Map

Project Stage Task Name Responsible
Initiation Demo Store Creation
Go Live Logo & Banners
Initiation Payment Gateway Registration & Activati
Go Live Product data sheet
Go Live Admin Panel training
Go Live Logo, Favicon & sold out image upload
Go Live Banners upload
Go Live Product data upload (Excel & Images)
Go Live Design change-Font color size, etc
Go Live Store setup + apps setup
Go Live Static page creation
Go Live Quality check
Live Quality check
Live Domain Pointing
Live Payment Gateway Integration
Live Social Media Integration
Live Google Analysis
Live Shipping activation
Post Live Order Management
Post Live Store Admin Management
Post Live Catalog Management
Post Live Bug Management
Post Live Market Place (Amazon) Integration

Factsheet:

      • Domain name registration is the sole responsibility of the merchant.
      • eCommfy shares significant relationships with leading payment gateways in India, which is why we’re able to offer free setup and low transaction rates. While we help you get connected to the most suitable payment gateway of choice, account registration & activation is the responsibility of merchant.
      • Finalizing the template is the first step during the store setup process. If the merchant requests assistance with setup, once work is initiated on a particular template, we cannot support changes to that. However, the merchant is free to change a template and re-design/setup themselves as many times as they would like.
      • Support from PMs (Project Manager) will only be available for 30 days from the signup date. After these 30 days all the issues will be entertained by our support team. You need to register and raise tickets on support@eCommfy.com
      • Billing starts within 30 days from the sign up date. Actual billing Start Date is either Store Live date or from the next day when trail period gets expired whichever is sooner · We follow a no refund policy – so whether you change your mind the very next day, or mid-month, we cannot offer refunds!
      • **Payment gateway setup takes minimum 15 day time, so this has to be the first thing that a merchant should decide

Escalation Matrix:

Annexure 2: On going Support and SLAs

      • No onsite support is offered by eCommfy. All support is offered on parameters discussed above and pre-defined terms before initiation.
      • No onsite training is offered by eCommfy, either at our office premises or at the merchant’s office premises.
      • SLA’s are defined only for support response times and not actual resolutions.
      • Support will always include sending help documentation, videos, flows, articles, etc. first so as to enable the merchant to carry out the resolution at their end.
      • Support timings / SLA apply during working hours only: Mon – Fri | 10.00 AM to 6.30 PM

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