Terms & Conditions
This Master Subscription Agreement contains the Terms and Conditions upon which EUNIMART CROSSBORDER PRIVATE LIMITED (“Eunimart”, “we”, “us” or “our”), having our principal place of business at Singapore, provide our subscribers with access to and use of (i) Our Cloud-based Business Inventory Platform, Tools and Services accessible via our Website (the “Platform”), (ii) Configuration, Setup and Training Services, (iii) Customer Interface Channels.
This Agreement constitutes a legally binding contract on You (being a person or legal entity identified as the subscriber of an account with Eunimart) and governs the use of and access to the Services by You, your Agents, and authorised employees of your Organization whether in connection with a Free, Paid or Trial Subscription. Please read this Agreement carefully as it contains important information about your legal rights, remedies, and obligations.
By accepting this Agreement, either by signing up for an Eunimart account or accessing and using any of the Services or permitting any Agent or authorised employees to access or use a Service, You agree to be bound by this Agreement. If you are signing up as a Company, Organization or any other legal entity (“Entity”), you are agreeing to this agreement for that Entity and representing to Eunimart that you have the authority to enter into this Agreement and bind such entity and its affiliates to this Agreement. If you do not agree to this Agreement, then you may not access or use any of the Services.
Eunimart does not contract with minors. By accepting this Agreement, You confirm that You are a natural person and major of age (according to the local law) and competent to enter into a valid and binding contract and you warrant that you possess the legal authority to create a binding legal obligation.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement.
1. General terms and scope
- On completion of Your subscription and registration process, Eunimart hereby gives You the right to access to the use of Platform (including all tools and services) and the Services in accordance with the terms of this Master Subscription Agreement. The permission to access and use the Platform and Services is a limited one and in adherence to this Agreement only. Eunimart reserves all rights in its name, trademarks, copyrights and any other intellectual property.
- You shall not maintain more than one Account for your organization/business entity. Every organization is permitted to use and maintain only a single Account. You may access the Platform and the Services using a single user Account via multiple access points. You may allow Your employees to access the Platform via Your Account on Your behalf. You shall ensure that Your Account is used by personnel only from Your organization or authorized by your organization to access such account. You agree not to provide any access to Your Account to any third-party vendors.
- You shall not use our Services for any unauthorized, illegal or fraudulent purpose nor shall You violate any laws application to Your jurisdiction. You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Eunimart. You shall not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without our expressed written consent.
- Eunimart reserves the right to make changes to the functionality or the documentation of the Platform and the provision of Services from time to time. Eunimart shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to You.
- Eunimart does not guarantee availability of the Platform at all times. Eunimart shall use reasonable efforts to make the Services available to You, at all times through the Platform. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Eunimart’s control. Therefore, Eunimart shall not be liable for non-availability of the Services at any time. Eunimart may try and restore access to the Platform and the Services on a best reasonable and commercially viable basis.
2. Registration and subscription
- In order to access and use the Platform, You will be required to complete the registration process and maintain a Eunimart account (“Account”) which will require You to furnish to Eunimart, certain information and details, including Your name, e-mail id, and any other KYC information deemed necessary by Eunimart (“Account Information”). You agree to keep this information updated at all times. On completing the registration process, You shall be entitled to access the Platform and avail of the Services.
- You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. Eunimart and its affiliates / partners are not liable for any harm caused by, or related to the theft of Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. You agree to abide by the following measures for registering and maintaining the security of Your Account.
- You shall not provide any false, inaccurate or misleading information to Eunimart.
- You shall ensure that the Account Information is complete, accurate and up-to-date at all times.
- Your account, ID, and password may not be transferred or sold to another party.
- You agree to immediately notify Eunimart of any actual or suspected theft, loss or unauthorized use of Your account, password or any other breach of security known to You. In case of any failure by you to notify Eunimart, You may be liable to Eunimart and its affiliates / partners for the losses caused to them due to such unauthorized use.
- In order to ensure that Eunimart is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to let Eunimart’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse. Additionally, You agree to disclose to Eunimart, and permit Eunimart to use, Your log-in ID, password and such other account details with respect to Your account(s) with e-commerce websites/platforms, for the limited purpose of resolving technical problems.
- You are entirely responsible for any data/content that you enter into the Platform such as product related information, changes/updation in inventory, pricing of the products etc. (Your Data). You are also responsible for all the activity that occurs through or within Your Account. Any abusive, fraudulent or unauthorized use of the Services will warrant termination of Your right to access and use the Services. You are fully liable for any fraudulent, abusive or illegal activity or data storage that occurs through Your Account.
3. Acceptable usage of the platform and adherence to laws
- You agree to use the Services solely for the purpose for which the Services are provided, namely multichannel listing, inventory and order management, and solely to aid Your business. You shall not sublicense or resell the Platform or the Services for the use or benefit of any other organization, entity, business or enterprise.
- You agree not to submit or upload to the Platform, any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third-party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, “Objectionable Matter”). Eunimart reserves the right to adopt and amend rules for the permissible use of the Platform and the Services at any time, and You shall be required to comply with such rules. You shall also be required to comply with all applicable laws regarding privacy, data storage etc., or any other policy of Eunimart, as updated from time to time. Eunimart reserves the right to terminate this Agreement and Your access to the Platform, without notice, if You commit any breach of this clause.
- You shall not alter, resell or sublicense the Platform or the Services to any third party. You shall not reverse engineer the Platform or its software or other technology, circumvent, disable or otherwise interfere with security-related features or any digital rights management mechanisms of the Platform. You will not use the Platform or the Service to (i) build a competitive product or service, (ii) make or have a product with similar ideas, features, functions or graphics of the Platform, (iii) make derivative works based on the Platform / Services; or (iv) copy any features, functions or graphics of the Platform/Services.
- You shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user. Eunimart reserves the right to post advertisements on the platform. You are not permitted to block ads.
- Eunimart is an intermediary as defined under the Information Technology Act, 2000. Eunimart does not monitor or control any data or content uploaded by You to the Platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that:
- belongs to another person and to which you do not have any right;
- is harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or international laws and regulations; otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- results in impersonation of any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- is someone’s identification documents or sensitive financial information;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
- makes available any data / content in contravention of these TOS or applicable policies, or any data / content that You do not have a right to access, store, use or make available to third parties under any law or contractual or fiduciary relationship.
- Eunimart EXPLICITLY reserves the right to suspend or terminate Your access to Your Account if You cause any disruption or harm to the Eunimart infrastructure or to any third parties, or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let Eunimart’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse
4. Fees and payments
- Except in case of Free Trials, all amounts associated with the Your Account are due in full and payable in advance (in the beginning of the Term) and in the manner described on the Website/as agreed upon. All such amounts are based on the Plan chosen by You/as mutually agreed upon between You and Eunimart.
- In absence of the chosen Plan, the Fee shall be in the nature of commission of 3% calculated on every order completed.
- Payment Methods: Fees may be paid by You through various methods of payment provided for by Eunimart through its Services. Eunimart uses secure payment gateways such as Stripe, Paypal and Payoneer for payment transactions. Eunimart is contractually bound by terms and conditions of such payment gateways and will act in accordance to the same, should any discrepancies arise in Your transactions relating to the same.
- The Billing Cycle starts from the time You make the first payment to Eunimart and can be monthly, quarterly or annually as agreed upon/in accordance with the Plan chosen by You. You are responsible for providing complete and accurate billing and contact information to Eunimart and notifying of any changes to such information.
- Eunimart may modify the Fee by giving a prior notice of thirty (30) days. In the event of an upgrade, opting additional Services, the new Fee will take effect immediately and be prorated for the rest of the month if paying monthly, and if prepaid for annual, the proration will happen until the end of the term of the Billing Cycle. Unless otherwise agreed by the parties, Services will be billed in advance on a monthly, six monthly or annual basis, starting on the first payment.
- You shall ensure timely payment of the fee. In case the You fail to pay the fee for a period of two Billing Cycles, Eunimart reserves the right to terminate this Agreement.
- Unless otherwise agreed upon, invoiced charges are due net 30 days from the invoice date. Any overdue payment shall accrue interest at the maximum rate permitted by law on the outstanding balance per month from the date on which such amount becomes due until the date paid. In case any payment is overdue for 30 days or more, Eunimart reserves the right to suspend your access to the account and downgrade the Services until the payment is made. In addition, Eunimart may condition future subscription renewals on shorter Billing Cycles.
- Refunds: All Fees paid are non-refundable. You acknowledge and agree that no refunds shall be paid on account of opting out, cancellation, non-use or partial use of the Services.
- Taxes: All amounts mentioned are exclusive of GST and other taxes. You are responsible for paying all the applicable taxes. Eunimart shall, if it has the legal obligation to do so, include such amounts in the invoice. In case Eunimart pays any taxes or duties on Your behalf, You agree to reimburse EUnimart for any such payment.
5. Eunimart and your data
- As part of the Services, the Platform allows You to upload data / content to it. All user data uploaded or submitted by You to Your Account, shall be Your sole property. You retain all rights in the data uploaded by You to the Platform and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data. Eunimart will use commercially reasonable security measures to protect the User’s data against unauthorized disclosure or use. However, Eunimart does not guarantee data security. If Your Data is damaged or lost, Eunimart will use commercially reasonable means to recover such data. You agree that You are entering into this agreement in full knowledge of the same.
- You will not be able to access any Data that is fetched from accounts you maintain with the Marketplace and Logistic and Warehousing Partners should such accounts be cancelled or suspended.
- You grant your consent to Eunimart to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
6. Your responsibilities
- You are entirely responsible for the accuracy of Your Data. Eunimart cannot and shall not be liable for Your listing quality or order processing timelines. You shall be solely responsible for the same at any point of time.
- You shall not access the Platform or utilise the Services for any unauthorized, illegal or fraudulent purpose nor shall You violate any laws application to Your jurisdiction.
- You shall not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without our expressed written consent.
- is known publicly;
- is generally known in the industry before disclosure;
- has become known publicly, without fault of the Eunimart, after disclosure by you; or
- has been otherwise lawfully known or received by Eunimart.
- Except as otherwise expressly permitted under this Services Agreement, Eunimart agrees to keep confidential all information entrusted to it by You and to protect it at all times by exercising a reasonable degree of care.
- Eunimart may disclose Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing Eunimart’s obligations under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. You may disclose Eunimart’s Confidential Information to your employees, consultants, agents or advisors who have a strict need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement.
- If in case Eunimart is required by law, or upon receiving process from a court of law, to disclose Confidential Information, it will be bound to disclose such information.
- You grant your consent to Eunimart to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
8. Data privacy
9. Third party rights and liabilities
- Marketplace Terms and Eunimart
- Eunimart integrates with and You hereby give consent to Eunimart to accesses and fetch data from your “Sellers Account” or “Merchant Account” that you maintain with Marketplaces and sync it with your Account, including but not limited to details regarding statement of accounts, payments, products, orders etc.
- You understand that you are bound by the terms and conditions of Marketplace in accordance to which you maintain such Seller/Merchant Account. In case of deletion/cancellation of Seller’s Account at the Marketplace, You will not be able to view/fetch/access the data in your Seller/Merchant Account through Your Account with Eunimart. Eunimart shall not be liable for cancellation of your Sellers/Merchant account with the Marketplace should the Marketplace decide to cancel such account.
- You understand and agree that any imposition, collection and changes in penalties, store fees, listing charges, suspensions and change in policies of marketplace is the discretion of Marketplace. Eunimart is neither responsible nor has any control over the same.
- Logistic and Warehousing Partners and Eunimart
- Eunimart integrates with Logistic and Warehousing Partners in order to enable you to choose the right Partner. When you opt for engaging the services of Logistic and Warehousing Partners, You understand that you are bound by the terms and conditions of the Logistic and Warehousing Partners. Eunimart does not assume any responsibility nor has it any control over the pricing or other policies or functioning of such Partners.
- You hereby give consent to Eunimart to fetch Your Data from such Partners including but not limited to tracking status, pricing, delivery timelines etc.
- All pricing estimates are approximate values and are calculated based on the product details uploaded by You and fetched from the third parties (such as Logistic and Warehousing Partners). Any discrepancies in such estimates should be sorted by You directly with such third parties and Eunimart does not accept any responsibility for the same. However, Eunimart will assist, to a reasonable extent, You to liaise with such third party to resolve the same.
- Eunimart cannot and does not take any responsibility for or make any warranty in respect of any third party softwares which are integrated into the Platform. To the extent the Platform is bundled with third party software programs; these third-party software programs are governed by their own terms, which may include open source or free software licenses. Nothing in this Agreement limits your rights under, or grants the you rights that supersede, the terms of any such third-party software.
10. Suspension and termination
- The Services will remain in effect until suspended or terminated under this Agreement. All terms and conditions in this Agreement shall begin and be in force (except the obligations pertaining to Confidentiality, Intellectual Property Rights and Indemnity) till the expiration of the Term upon cancellation of your registration.
- You may terminate Your registration by sending an email to email@example.com, if You no longer wish to use the Platform. On termination, You will cease to have access to the Platform or any of the Services.
- You shall not be entitled to access the Platform or avail the Services if Your Account has been temporarily or indefinitely suspended or terminated by Eunimart for any reason whatsoever. Eunimart may, at any time, reinstate any suspended Account, without assigning any reasons. If Your Account has been indefinitely suspended You shall not be allowed to re-register or attempt to register another account with Eunimart or its affiliates / partners or use Platform or the Services in any manner whatsoever until such time that You are reinstated by Eunimart.
- In addition to the above, in case You do not start processing orders within 30 days of upgradation date, Eunimart shall be entitled to terminate Your Account irrespective of the balance amount available in Your Account. In such cases, Eunimart shall not be liable to refund any Subscription Fees to You.
- In addition to the above, if You do not process any order through the Platform for a continuous period of one (1) month, Eunimart shall be entitled to terminate Your Account irrespective of the balance amount available in Your Account. In such cases, Eunimart shall not be liable to refund any Fees to You.
- Upon termination of this Agreement, Your right to access the Platform and use the Services shall immediately cease and You shall not be allowed to access Your Data in any form. Thereafter, You shall have no right, and Eunimart shall have no obligation thereafter, to execute any of the uncompleted tasks.
- Eunimart follows a no refund policy and therefore, no refund of the Fees shall be provided under any circumstance.
- Once the Services are terminated or suspended, any data that You may have stored on the Platform, may not be retrieved later. Eunimart shall be under no obligation to return the information or data to you.
11. Intellectual property ownership and rights
- “Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights. All intellectual property rights relating to the Platform, its content, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations are intellectual property owned by Eunimart and/or third parties and are protected by the laws of Singapore, India and international copyright laws. All trademarks, service marks, and trade names are proprietary to Eunimart and/or third parties.
- Eunimart is protected by copyright pursuant to Singapore and Indian copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in this Agreement, You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Site content, software, materials relating to the Service in whole or in part.
- You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the Platform. All the rights of intellectual property to trademarks, trade names, Your data including but not limited to the information (obtained through online forms, which contain additional information such as personal information and business info like GSTIN number, product info etc.), and all information in connection with and entered or generated by You by using the Platform are and will remain Your property. You hereby grant to Eunimart a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display the Your Data for the limited purpose of (i) providing the Service and associated customer support to you; (ii) analyzing and improving the Service; and (iii)sharing the insights of the same.
- You agree that Eunimart may include your name in a list of Eunimart’s Customers online and in print and electronic marketing materials.
- Nothing in this Agreement gives You any right, title or interest in or to the Platform or any Eunimart Intellectual Property.
- The Platform And The Services Are Provided On An “As-Is” And “With All Faults And Risks” Basis, Without Warranties Of Any Kind. Eunimart Does Not Warrant, Expressly Or By Implication, The Accuracy Or Reliability Of The Platform Or The Services Or Its Sustainability For A Particular Purpose Or The Safety/Security Of The Data/Content Stored On The Platform By You. Eunimart Disclaims All Warranties Whether Express Or Implied, Including Those Of Merchantability, Fitness For A Particular Purpose, Non-Infringement, Or That Use Of The Platform Or Any Material Thereof Will Be Uninterrupted Or Error-Free. Without Limiting The Generality Of The Foregoing, Eunimart Does Not Represent Or Warrant That The Platform And The Services Will Result In Compliance, Fulfillment Or Conformity With The Laws, Regulations, Requirements Or Guidelines Of Any Government Or Governmental Agency.
- Specifically, But Without Limitation, Eunimart Does Not Warrant That:The Information Including Estimates, Projections, Charged Etc. Displayed/Available On The Platform Is Accurate Free Of Errors;
- The Functions Or Features (Including But Not Limited To Mechanisms For The Downloading And Uploading Of Content) Will Be Uninterrupted, Secure, Or Free Of Errors;
- All Defects Will Be Corrected, Or
- The Services Or The Server(S) That Make The Services Available Are Free Of Viruses Or Other Harmful Components
- The content on such as estimates, projections, charges on the Platform and Services is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action on the basis of such content. No information or advice obtained by you from us or through the Services or Platform shall create any warranty not expressly stated in this Agreement. Eunimart does not guarantee growth in sales or revenues nor does it promise that any predictions that feature on the Platform are 100% accurate. Any predictions regarding the same is entirely based on Artificial Intelligence functionalities and available data and Eunimart disclaims all liability with regard to the same.
- To the maximum extent permitted by applicable law, Eunimart provides no warranty on the use of the Platform and the Services and shall not be liable for the same under any laws applicable to intellectual property rights, libel, privacy, publicity, obscenity or other laws. Eunimart also disclaims all liability with respect to the misuse, loss, modification or unavailability of the Platform and the Services.
- This indemnification obligation will survive at all times, including, Your use of the Platform and the Services.
- In no event will Eunimart have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by Eunimart; or (ii) any content, information, or data provided by users, or other third parties.
- This Indemnity Is Subscriber’S Only Remedy Under This Subscriber Agreement For Any Violation By Eunimart Of Any Third Party’S Intellectual Property Rights
14. Limitation of liability
- You Expressly Understand And Agree That Eunimart And Its Directors, Officers, Employees, Agents And Members Shall Not Be Liable For Any Indirect, Incidental, Special, Consequential, Punitive Or Exemplary Damages, However, Caused Including But Not Limited To, Damages For Loss Of Profits, Goodwill, Or Other Intangible Losses (Even If Eunimart Has Been Advised Of The Possibility Of Such Damages Including, Without Limitation, Loss Of Business, Lost Profits Or Revenue.), Resulting From:
- The Use Or The Inability To Use The Service For Any Reason;
- Use Of Services That Involve Predictive Prices;
- Reliance By You On Information Featuring On The Platform That Is Obtained From Public Sources Or Third Parties;
- Any Security Breach Or Any Virus, Bug, Unauthorized Intervention, Defect, Or Technical Malfunctioning Of The Platform;
- The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through Or From The Service;
- Statements Or Conduct Of Any Third Party On The Service Including That Of Marketplaces Or Logistic Partners;
- For Any Amounts That Exceed The Fees Paid By You To Eunimart Under This Agreement During The Three (03) Month Period Prior To The Occurrence Giving Rise To Your Claim Or Cause Of Action Against Eunimart.
- Neither Does Eunimart Accept Responsibility Nor Shall It Be Liable For Any Loss/Damages Arising Out Of Incidents During Pickup/Delivery Of Goods. Similarly, Eunimart Is Not Responsible For Order Values, Volume Or Quantum Of Business That You Or Merchant Generate Through The Usage Or The Services And Platform.
- Under No Circumstances Will Eunimart Be Responsible For Any Damage, Loss Or Injury Resulting From Hacking, Tampering Or Other Unauthorized Access Or Use Of The Service Or Customer’S Account Or The Information Contained Therein By Any Third Party.
- The Limitations Of Liability Herein Shall Not Apply To Any Indemnification Provided By You Or Eunimart Hereunder. The Limitations Specified In This Section Will Survive Termination Or Expiration Of This Agreement And Apply Even If Any Limited Remedy Specified In This Agreement Are Found To Have Failed Of Its Essential Purpose. This Limitation Of Liability Will Not Apply In Case Of Gross Negligence Or Wilful Misconduct.
- Because Some Jurisdictions Do Not Allow Limitation Of Liability In Certain Instances, Portions Of The Above Restriction Outlined In This Section May Not Apply To You.
- No Action Against Either Party Arising Out Of This Agreement May Be Brought By The Other Party More Than Three (03) Months After The Cause Of Action Has Arisen.
- These Limitations Of Liability Shall Apply Regardless Of Whether A Party Knew Or Should Have Known That Such Damages Were Possible And Even If A Remedy Fails Of Its Essential Purpose. Except In Connection With Its Indemnification Obligations Hereunder.
- Notwithstanding The Foregoing, In No Event Shall Eunimarts Aggregate Liability (Whether In Contract, Tort Or Otherwise), And That Of Its Affiliates Shall Exceed An Amount The Amount Paid By You To Eunimart Hereunder During The Three (03) Months Prior To The Event Giving Rise To Liability And To The Amount, Provided In This Clause, Is The Only Recourse That You May Have Against Eunimart For Breach By Eunimart Of Any Of Its Rights Or Obligations Hereunder.
15. Force majeure
- Eunimart shall not be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure.
- Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of Eunimart. Notwithstanding the preceding, if either party is affected by an event of force majeure it shall take all reasonable steps to minimize the impact of the force majeure event on the other party and to reduce the period of the effect of the force majeure event to the minimum.
- In case of a force majeure event, Eunimart shall not be liable for any breach of security or loss of data uploaded by You to the Platform.
16. Governing law and dispute resolution
- Except in case a dispute/claim falls under clause 16 (d) below, this Agreement will be governed by the laws of Singapore.
- If a dispute, controversy or claim arises out of or relates to this Agreement, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved through negotiation, then the parties agree first to try in good faith to settle such dispute, controversy or claim through conciliation at the Singapore International Arbitration Centre.
- Any issue or claim not resolved by conciliation shall be referred to and finally resolved by arbitration in Singapore in accordance with the Singapore International Arbitration Centre Rules for the time being in force which Rules are deemed to be incorporated by reference into this clause.
- Special Terms for Indian User
- If you are an Entity registered under laws of India, this Agreement shall be governed in accordance with the laws of India.
- Parties agree that any and all dispute, controversy or claims that arise out of or relate to this Agreement shall be first attempted to be resolved through negotiation and if any such disputes or claims that cannot be resolved through negotiation, the parties shall attempt to settle such disputes through conciliation at Hyderabad, Telangana, India.
- If any issue or claim not resolved by conciliation shall be referred to and finally resolved by arbitration at Hyderabad, Telangana, India in accordance with the procedures mentioned in the Arbitration and Conciliation Act, 1996.
- No Partnership. Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or agent principal relationship between the Parties. Each Party is interacting with the other on a principal to principal basis and acts of one Party shall not bind the other Party save and except in terms of this Agreement.
- Severability. If any of the provisions of this Agreement are deemed invalid, void, or for any reason unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions of this Agreement.
- Waiver. Any failure by Eunimart to enforce the Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
18. Notices and communication
- You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Service and this Agreement (“Communications”). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on the Eunimart website or through the Platform. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Notices to Eunimart shall be addressed as follows :
- Eunimart may amend or modify this Agreement from time to time in its sole and reasonable discretion. We will post any such changes on our website at least seven (07) days prior to the date on which such modifications will become effective provided that no such amendments/modifications shall include a reduction in Your rights. By continuing to access or use the Platform after the posted effective date of modifications to this Agreement that do not include a reduction in your rights or our obligations hereunder, you agree to be bound by such modifications
- If You have questions or concerns about this Agreement, please contact Eunimart at firstname.lastname@example.org
- Marketplace means the e-commerce platform, integrated with the Platform and with which You maintain a Sellers/Merchant Account.
- Services means the Cloud-based Business Inventory Service provided to You through the tools and functionalities of the Platform.
- Term means the term of this Agreement beginning from the date on which You have signified Your acceptance to the same.
- Your Data means all data that You upload to the Platform or fetch from the accounts that You maintain with Marketplace or Logistical and Warehousing Partners. Your Data also includes information generated through the Platform by using the Platform’s tools and functionalities.
Additional Beta Terms
BETA TERMS: Please read these are additional terms carefully. If you do not agree to these additional terms, do not use the AI TOOLS.
AI TOOLS include functionalities that enable You to minimise human effort that is needed in analysing sales such as, predictive sales, price intelligence, inventory intelligence, content intelligence, portfolio analysis and competition analysis.
- You acknowledge and understand that the You have been granted early access to AI TOOLS which is in Beta (pre-release) stage.
- You understand and agree that your access and use of the AI TOOLS is voluntary and does not create a legal partnership, agency, or employment relationship between you and Eunimart. Unless prohibited by applicable law, the AI TOOLS are provided to you “as is” without any explicit or implicit warranty of any kind. You understand that the AI TOOLS is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. To the extent permitted under applicable law, Eunimart is not liable in any way for any damages you might incur as a result of your use of the AI TOOLS in this pre-release stage.
- Eunimart may collect your comments, suggestions, and feedback on the AI TOOLS, and may also track your use of the AI TOOLS through analytic tools. All such comments, suggestions, feedback, and analytic data is the exclusive property of Eunimart and you will not be compensated for your participation or any feedback.
- You acknowledge that any product features or content, documentation, promotional materials and/or any other information that Eunimart may provide to you in connection with the AI TOOLS is the exclusive property of Eunimart, is confidential, and should be treated as confidential until such time as Eunimart releases it.
- You agree to not discuss AI TOOLS with or demonstrate it to anyone outside of Eunimart, blog, tweet, or otherwise publicly post information about the AI TOOLS, take screenshots, photos, videos, or audio recordings of the AI TOOLS unless Eunimart has allowed you to do so in writing; or make your feedback available to any third party, unless approved by Eunimart in writing and in advance.
- You agree that any breach of your confidentiality obligation will result in irreparable harm to Eunimart, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Eunimart will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.