You are entering into an agreement with Plutus Retail Private Limited, hereafter referred to as the “Company“. You should carefully read the following terms and conditions. Your purchase or use of our products & services and the use of our website implies that you have read and accepted these terms and conditions. These terms and conditions, agreements and policies apply to you in order to avail the services rendered by Company. If you do not agree, you must not proceed to use the GetaBOX website and its services.
Company services (the “Service”) are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
This Service Agreement governs your purchase and use, in any manner, of all Online Store site hosting, ordered by you and accepted by Company and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Company may make changes or modifications to referenced policies and guidelines without notice to you, but all efforts would be made to inform the Customer. Your continued use of the Services following Company posting of any changes or modifications will constitute your acceptance of such changes or modifications. By using the Service, you agree in advance to accept any changes.
Any communication or material you post or transmit to the Service is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Company the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
Company does not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.
In consideration of the mutual covenants set forth in this Agreement, Company and Customer/Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, Company will provide Online Store Hosting services for Client subject to the following terms:
Company will provide Customer with the Services ordered that are described in the Online Store Rental Features on the Company website. Customer understands and agrees that Company will host and the Client store solely in accordance with the information provided by Client.
Client agrees to an initial three (3), six (6) month or twelve (12) month contractual term of service (â€œTermâ€). The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
This Agreement will automatically renew for successive three (3) or six (6) or twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Clientâ€™s account.
End User pricing and Online Store Hosting Compensation is outlined in this agreement, and is subject to change at the sole discretion of Company.
Set-Up Fees: There are currently no setup fees included in Terms when creating your online store using services by the Company.
Transaction Charges: Client will pay a flat rate Transaction charges of 5%, for any and all transaction, sale of physical or non physical nature to the Company. The payment schedule of all transaction charges will be based on the start date of the client with Company.
Payment Gateway charges: Company DOES NOT charge any additional Payment Gateway fees or charges.
Online Store Rental Fees: Company offers ONE simple plan for all Client. Client will pay Company an Online Store rental fees based on the plan description.
Taxes: Client will be responsible for all applicable taxes related to sale of products and services via the Online Store.
Payment Terms: Company will pay the Client any sale amount to Client based on total Sales value minus Transaction fees as described above, Transaction Fee, Shipping, payment gateway and all other charges for only completed orders on Monthly basis (2) If Client sells a Company product to itâ€™s customers, then Company shall pay Client a affiliate margin commission as mentioned in the affiliates agreement.
Transaction Disputes: When an charge is being disputed, the Company has the right to withhold such disputed charges until resolution. Upon resolution, Company will release funds to the Customer within 15days of resolution.
Company agrees to provide reasonable technical support by email to Customer during Company’s normal technical support hours.
Client/Customer may contact Company for additional services technical or otherwise. Company will evaluate, accept or reject such service requests. If accepted, Company will provide estimates, schedule, cost for additional service requested by client and will be handled outside of this agreement.
Client/Customer may escalate any payment processing related issues to the company. Company will be responsible for payment gateway and system errors and issues. Company will not be responsible for loss of sale or damage due to payment related issues or errors.
In the instance of outages by the payment gateway provider, Company will attempt to forward any such notification to Clientâ€™s email account on file at the earliest possible timeframe.
As consideration for Company providing the Service hereunder, Customer agrees to pay Company the aggregate monthly fee based on the monthly online store services and the terms selected.
Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Promotional Benefits (if applicable):
All fees described on the Company website are subject to change by Company in its sole discretion upon 30 daysâ€™ prior notice. If at any time during the Promotional Period you fail to comply with these terms and conditions then all transaction fees applicable to you under the Company User Agreement shall apply from the date of such non-compliance forward.
Store owners can also have a store / products on GloveBOX marketplace (www.glovebox.in) with a subdomain URL as http://yourbox.glovebox.in.
Company can help secure a required URL for the Client/Customer if one is not provided to the Company. There may be additional fees involved with this service. Client will provide all necessary Domain Registration information required by Domain registrars. If a URL is obtained by the Company, it will become the sole property of the Company. You may be eligible for ONE free year of Domain registration fees with a full year pre-paid store plan.
All Online store URLs will be redirected to Companyâ€™s appropriate store page hosted by the company.
Client/Customer will be responsible for all process, source products, ship, pack and monitor delivery for customers visiting the client/customer store for purchase.
Client/Customer will be responsible for product fulfillment, logistics, loss or damaged goods in delivery to customers, and will replace or refund customer monies based on Companyâ€™s terms and conditions for online store.
Client will also be responsible for providing related customer support to itâ€™s customers visiting the Clientâ€™s online store.
Payment Collection: Company will collect the payment for all sales via Client stores through its designated payment gateway
Payment Options available via Company online stores:
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics), in any medium, provided by Customer to Company. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Company, and licensed by Company or generally available to the public, including Customer, under published licensing terms, and that Company will use to display or run a Web site. Company owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
“Background Technology” means computer programming/formatting code or operating instructions developed by or for Company and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Company. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Company. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Customer hereby grants to Company the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Company hereunder, solely for the purpose of rendering Company’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Customer agrees not to provide Customer Content, and Company will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Company reserves the right to refuse any other subject matter it deems inappropriate.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. Store owners will NOT be allowed to sell or offer unapproriate, illegal or censored content and items. Company may reject, decline or unapprove any such attempt.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Except as expressly provided in this Agreement, the Services are provided “as is,” and Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Company will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Company to a Customer will be deemed accepted when delivered.
The materials used and displayed on the Service, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Company or its affiliates or licensors and are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Company or the appropriate affiliate.
Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company. In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs not limiting to, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
Customer will defend Company against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Company for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Company as a result of any such third-party claim, action, suit, or proceeding.
Company will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 16, Company shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding.
The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”
Company’s LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Company DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. Company SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Company WOULD NOT ENTER INTO THIS AGREEMENT.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State where the Company is Registered. Exclusive jurisdiction and venue shall be in the Country and the State where the Company is Registred for business for the Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.