Aurionpro Solutions Ltd (“Aurionpro” or “us” or “our”) and Adimantar Lifestyle (“Adminatar” or “us” or “our”) have made available this Marketplace www.wowhandicraft.com (“Marketplace”) to the users and all rights in the Marketplace reserved by Aurionpro and Adimantar.
Your use of the Marketplace shall be subject to terms(“Agreement”)
You as a seller acknowledge that you have carefully and thoroughly read and reviewed the Agreement and you accept the same. Your use also conveys the acceptance of the Agreement. This Agreement conditions shall be considered as electronic record under the Information Technology Act and applicable law and shall not require your physical signature on the same.
1. Subscription plan
- Subscription plan is designed where seller is charged only ₹ 50* per product quantity sale
- Register to marketplace with annual subscription charges ₹ 1,500*
- One-time Product cataloguing @ ₹ 25* per product
*All prices mentioned exclude GST
The pricing includes
- Integrated platform with supply chain fulfilment
- Marketing support for product image design and content management
- Product catalogue creation and listing on marketplace support
- Digital marketing support across social media
- Campaigns participation & promotional support
- Support management tool to interact with buyer
2. Representation and warranties
You as seller represent and warrants us following:
- You have all the capacity and authority to enter into the contract.
- You are compliant with and shall comply with all applicable laws including but not limited to Information Technology Act, Rules made thereunder, Legal Metrology Act, etc. and shall not violate any law.
- You have not and shall not infringe upon intellectual property rights of Aurionpro or any other party.
3. Grant of license to use and other terms
- Subject to the payment of applicable fees and continued compliance of the terms of the Agreement, you have been granted a limited license to access the Marketplace for the following purpose
- to display your products on the Marketplace and consequent online sale of the same
- to make the payment of fees to Aurionpro
- You shall not be entitled for any other rights, access or otherwise use of the Marketplace except which is expressly granted hereinabove under clause 2 (a) of this Agreement.
- You shall not reverse engineer, decompile, decipher or otherwise attempt to determine or modify the source code for the Marketplace or otherwise use or access the Marketplace.
- You shall not introduce, or otherwise import any virus, Trojan worm/horse or similar harmful content or code to the Marketplace.
- You shall not publish obscene or any other banned content/material on the Marketplace.
- You shall not sale prohibited items.
- You shall have the requisite infrastructure to access and use the Marketplace including suitable network/internet connectivity.
- You shall not use/access the Marketplace in a way to cause interruption, damage or any impairment to the Marketplace.
- You shall use the Marketplace for lawful purpose only.
- You shall not indulge into unfair trade practices.
- You shall not use the Marketplace for any fraudulent purposes, in connection with any offence or other unlawful activity.
- You shall not use the Marketplace to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
- Aurionpro, its affiliates attempt to provide the description of services accurate as possible. However, Aurionpro does not warrant that descriptions of or other content of this site is accurate, complete, reliable, current, or error-free.
4. Intellectual Property Rights
- All the rights including the title and interest and intellectual property rights in the Marketplace, related documentation and its derivate shall vest and owned by Aurionpro.
- All third party intellectual property rights shall be owned by respective third party.
- You grant us license and authorise us to display your relevant information including the use of your trademark, name.
- If you submit material, and unless we indicate otherwise, you grant Aurionpro and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law.
- You agree to the information accurately and correctly.
- You agree to provide the product description, images on the Marketplace accurately and correctly.
- You agree to provide the information as per Rule 5(2) of Consumer Protection (E-Commerce) Rules, 2020 and in compliance with the applicable laws.
- You shall provide the following information immediately to Aurionpro:
- Full name of the entity, authorised person and contact details including email id and phone number.
- Names and contact details of the grievance redressal officer.
- You authorise us to store your data to the extent required to enable the use of the Marketplace and also for promotion and marketing our Marketplace, related services, products.
- You shall provide and display all product and pricing related information including but not limited to accurate description of product, feature, functionalities, total price of product, origin with breakup of delivery charges, postage, handling charges, conveyance, tax as applicable.
- You shall provide and display details such as return policy, refund policy, authenticity of goods, any guarantees or warranties applicable to product
6. Term and Termination
- Your use of the Marketplace shall be subject to the continued compliance of the terms of the Agreement.
- Aurionpro shall be entitled to terminate the Agreement/ your use of the Marketplace immediately upon any non-compliance of the terms of the Agreement and/or upon the non-compliance of applicable law.
- Aurionpro shall be entitled to terminate the Agreement/your use of the Marketplace with notice of one day.
7. Marketplace maintenance, dependency
- Your access to the Marketplace may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new functions/features or at any time. We will attempt to limit the frequency and duration of any such suspension or restriction.
- The Marketplace may connect to the gateways, supporting or other sites.
- Aurionpro shall not be responsible for the availability of such external sites or resources.
- Aurionpro does not endorse and shall not be responsible or liable for any content, advertising, products or other material on or available on external sites or resources or posted/published by any other person.
- You agree to keep the business, proprietary and other confidential information of Aurionpro strictly confidential and shall not disclose the same to any third party without prior written consent of Aurionpro.
- In the event of an actual or threatened breach of the above confidentiality provisions Aurionpro will be entitled to immediate injunctive and other equitable relief.
- You agree that you shall not use the Marketplace to send or store personal information subject to special regulatory or contractual handling requirements.
- You are the controller of the data, material, information submitted/published or provided by you and Aurionpro shall have no liability related to the same.
- The Marketplace is made available on ‘as is’ basis. To the full extent permissible by applicable law, Aurionpro disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- Aurionpro does not warrant that the Marketplace, its servers, or e-mail are free of viruses or other harmful components. Aurionpro will not be liable for any damages of any kind arising from the use of the Marketplace, including, but not limited to direct, indirect, incidental, punitive, and consequential damages
- To the fullest extent permitted under applicable law, in no event, shall our aggregate liability arising out of or related to this Agreement (whether in contract, tort, negligence or under any other theory of liability) exceed the fees received by us from you during preceding 12 months from the date of first claim.
- To the fullest extent permitted under applicable law, in no event we shall be liable for any indirect, consequential, special, incidental, exemplary or punitive damages, loss of profit, loss of business, loss of data, etc. even if the possibility of which have been advised.
You shall hold harmless and indemnify Aurionpro, its affiliates, directors, officers, employees from and against all claims, damages, expenses, liabilities or otherwise any amounts arising out of or in connection with your non-compliance of applicable laws, non-compliance of representations/warranties, infringement of intellectual property rights, breach of the terms of this Agreement.
12. Amendments and other terms policies
- We reserve the right to make changes to our Marketplace, applicable policies, and this Agreement at any time.
- If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- Informal Dispute Resolution and Arbitration: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute directly through consultation with each other before initiating a lawsuit or arbitration. If, after good faith negotiations the parties are unable to resolve the dispute within 120 days, the parties agree that any and all disputes arising out of or in any way relating to this Agreement, including without limitation its existence, validity or termination, shall be resolved according to arbitration to be conducted as per the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Mumbai and the language of arbitration shall be English.
- Governing Law; Venue: This Agreement and any disputes arising under it will be governed by the laws of India without regard to its conflict of law’s provisions, and each party consents to the jurisdiction of appropriate courts at Mumbai, India.
- We may give general notices by email, text, in-app notifications, or by posting them on our Marketplace or through the service and such electronic notices shall be deemed to satisfy any legal requirement that such notices be made in writing. Other notices must be sent via email, first class, airmail, or overnight courier to the addresses of the parties provided herein are deemed given when received. Notices to us must be sent to Aurionpro Solutions Ltd, Synergia IT Park, Plot No-R-270, T.T.C. Industrial Estate, Near Rabale Police Station, Navi Mumbai, Thane, Maharashtra 400701.
- We may include your name and logo in our online customer/sellers list and in print and electronic marketing materials.
- The parties are and shall be independent contractors with respect to all services provided under this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
- Force Majeure: We shall not be liable for delayed or inadequate performance of our obligations hereunder to the extent caused by a condition that is beyond our reasonable control, including but not limited to natural disaster, pandemic, civil disturbance, acts of terrorism or war, labour conditions, governmental actions, interruption or failure of the Internet or any utility service, failures in third-party hosting services, and denial of service attacks (each a “Force Majeure Event”). We shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). We shall promptly notify you and make reasonable efforts to mitigate the effects of the Force Majeure Event.
- Assignment: Neither this Agreement nor any of the rights and licences granted under this Agreement may be transferred or assigned by you without Aurionpro and Adimantar express written consent.