Terms of service for Abicart e-commerce Software and Platform
- This Agreement is effective from date the Customer consents to any agreement with Abicart, or starts to use the Services, whichever occurs first.
- Abicart has the right at any time, without obtaining the Customer’s approval, to change or add to the Terms. An updated version of the Terms will be made available to the Customer and this will start to apply from the time stated in the updated version of the Terms. If the Services are used after such time, the Customer is deemed to have accepted the new Terms.
- The Customer expressly agree and understand that your downloading, uploading, transmitting, distributing any material or undertaking any other activities through Abicart Account, shall be at your sole discretion and at your sole risk.
- Abicart reserves the right to refuse service to anyone in our sole discretion at any time.
- Abicart does not censor, screen, review or edit or take any responsibility for Content shared by Customer on its store and it is in our sole discretion to refuse any Content that is available via the Service. Abicart may, though it has no obligation to, remove or modify Content and disable Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- The Customer expressly understands and agree that Abicart shall not be liable for any damages, whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, damages for loss of profits, goodwill, use, computer system, data, or other intangible losses caused from the use of or inability to use the service.
- In no event shall Abicart be liable to any party for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising including negligence). The Customer agree to indemnify and hold Abicart and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.
- The Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Abicart.
- The failure of Abicart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- The Terms of Service constitutes the entire agreement between Customer and Abicart and govern Customer’s use of the Service, superseding any prior versions of the Terms of Service and any other agreement not specifically mentioned herein for reference.
- Customer will not be absolved from any of their responsibilities under the Terms of Service owing to lack of knowledge related to any Terms or the amendments thereto from time to time. It is agreed by Customer that it has further read and understood all the policy referred within this agreement and which would be treated as a part of this Agreement before using the Services.
- Customer specifically agree that any advice, oral or written information, or solution provided by Abicart, its officers, directors, employees, or agents will not constitute legal or financial advice or create a warranty of any kind with respect to this site or the Services found at this site, and Customers should not rely on any such information or advice.
- Customer must not use brand name Abicart or Abicart.in in any of its communication, by any mode, with its suppliers, customers, partners, or any other person without an express and prior written permission of Abicart.
- The agreement between the parties cannot be extended by the Customer to another party.
2 The service
2.1 Abicart’s e-commerce software and platform is available in different versions of packaged services. The services and features available in each version of the Abicart e-commerce software and platform can be found in specifications at https://www.abicart.in. Abicart may launch additional versions of Abicart’s e-commerce software and platform and, unless otherwise expressly stated, these versions shall also be subject to the existing Terms in such cases.
2.3 Abicart has the right at any time, without prior notice, to change the design of the Services and its functions, and the manner in which the Services are provided. Furthermore, Abicart is entitled to implement updates, develop, improve, and modify the Services to the extent that Abicart deems necessary or appropriate. Such changes may cause some of the Services’ features to be changed, discontinued, or added.
2.3 Abicart provides support for Customers via email, chat, and telephone. E-mail, chat, and phone numbers are available at https://www.abicart.in.
2.4 Abicart provides Services on “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
2.5 Abicart does not warrant or guarantees results that may be obtained from use of Services.
2.6 Abicart’s Services are subject to Service Level Agreement, if any, entered into between parties.
3 Account Terms
3.1 The Customer shall be a natural person or legal person. Any natural person entering in agreement as sole proprietor must be 18 years or older and capable to enter into valid commercial contract to use the Services.
3.2 The Customer must provide its full legal name, current address of existence, valid email address. Any other information, as required to complete sign up process, must be provided by Customer and such information shall be true and correct.
3.3 Customer is obligated to update change in information provided to Abicart to use its Services.
3.4 Abicart reserves right but has no obligation to verify information provided by Customer.
3.5 A breach or violation of any of the Account Terms as determined in sole discretion of Abicart will result in immediate termination of Your services.
3.6 Verbal or written abuse of any kind (including threats of abuse or retribution) of any Abicart customer, employee, member, or officer will result in immediate account termination.
3.7 Abicart reserves right to access Customer’s accounts for administrative purposes and Service support.
3.8 The Customers who create an account at Abicart with the purpose of operating and maintaining an online store are to enter into an separate “Master Service Agreement” and the terms specified in the “Merchant Service Agreement” applies to such account users. You are requested to refer to the “Master Service Agreement” for more details in this regard.
4.1 The agreement will remain in full force and effect until the Customer actively chooses to terminate its subscription of the Services or is user of any Services in any form or capacity.
4.2 All subscription packages are paid in advance and are automatically renewed in accordance with the Customer’s chosen binding period.
4.3 The binding period or preferred payment method for subscriptions may be changed by the Customer at any time during the current binding period and change will take effect after the end of the current binding period.
4.4 Cancellation of subscriptions must be made through an active choice before the current binding period expires. Subscriptions that are not cancelled within the specified notice period are extended under the same conditions as before.
4.5 Notwithstanding anything contained in 4.1 above, Abicart has the right to terminate the Parties’ agreement prematurely with immediate effect in the event that the Customer fails to pay, breach of the Agreement, or if the Customer is declared bankrupt, liquidated or subject to a chord or similar procedure, or if there is a risk of such a procedure.
5.1 Fees for Abicart’s e-commerce software and platform are paid in accordance with prices applicable at any given time and as mentioned on its website.
5.2 Upon the Customer’s payment, the chosen binding period is activated immediately by the Customer. When selecting an invoice payment, the binding period is activated immediately, and an invoice is issued at the time of activation. Payment is made based on the binding times, month, quarter, or year depending on the selected payment method.
5.3 Temporary promotional prices do not affect ongoing Agreements.
5.4 Abicart’s e-commerce platform offers a trial period of 30 days where the Customer is given full access to use his e-commerce platform for trading. After the specified period, the Customer must subscribe for continued use of Abicart’s Services.
5.5 When the Customer upgrades the subscription package, differential payment over what the Customer has paid for the previous subscription package shall be made immediately as the Customer signs up for an upgrade. Ongoing binding time is not affected by upgrading the subscription package.
5.6 When the Customer downgrades the subscription package, this will take effect after the end of the current binding period. Thereafter, the payment plan is adjusted in accordance with the requested pricing.
5.7 All fees are exclusive of all state and central taxes, service, sales tax or other taxes, fees or charges now in force or enacted in the future (“Taxes”) unless otherwise specified.
5.8 Customer agrees to have read and understood Cancellation and Refund Policy of Abicart.
6 Transfer of subscription
6.1 The Customer may, with prior consent of Abicart, transfer a subscription for Abicart’s e-commerce software and platform, provided that the acceding Customer undertakes to comply with the Terms and the payment obligation for the transferred subscription from the date of the transfer through separately executed Master Service Agreement. This does not, however, apply to the withdrawal of the Customer, from the agreement on payment solutions and other integrations with third parties. The resigning Customer is not liable to pay any obligations arising after the transfer date. The incoming Customer is not liable to pay any obligations incurred before the transfer date.
7 Abicart’s responsibility
7.1 Abicart does not exercise any control over the transactions handled through Abicart’s e-commerce software and platform by or on behalf of the Customer. Abicart is not responsible for direct or indirect damages and financial losses due to errors, delays, imperfections, interruptions, missing deliveries in the form of data, lack of availability or similar circumstances or events.
7.2 Abicart does not guarantee that the flawless and continuous functioning of Services. The Services may be disrupted by factors and circumstances (e.g. technical malfunctions, defects in the Customer’s digital device or network, viruses) that are beyond Abicart’s control and for which Abicart is not responsible. Abicart is also not responsible for any interruptions or errors caused by third party systems.
7.3 Orders and deliveries made via Abicart’s e-commerce platform always fall under the Customer’s responsibility. This is regardless of external circumstances, such as, but not limited to, interruptions or technical imperfections.
7.4 Customer agrees that Abicart has no role and responsibility in the actual delivery and shipment of the product, and Abicart provides a platform, for the Customer to avail shipping services.
7.5 Abicart takes no credit risk or responsibility for purchases that are denied by the user of Customer’s store.
7.6 Abicart reserves the right, when this is required for maintenance, technical or safety reasons, to take measures that may temporarily affect access to the Services. In special cases, when the use of the Services causes risks of seriously injuring Abicart, Abicart has the right to immediately block the Customer’s access to the Services. In such an event, where access to the Services is restricted in any way, the Customer shall be notified as soon as possible of the measures.
7.8 Credit card information of Customer is not stored in Abicart’s e-commerce platform but is transferred directly to the payment systems connected to the Services. In the specified payment system, all sensitive information is stored in encrypted form.
7.9 Abicart guarantees that all of the Customer’s data stored in Abicart’s e-commerce platform is backed up once a day.
8 Customer responsibility
8.1 The customer undertakes to comply with Indian and international law, if any and to extent applicable, when using the Services.
8.2 The Customer is personally responsible for all documents shared and activities undertaken by it within the framework of the Services and for materials that he makes available on or through the Services.
8.3 The Customer agrees that use of Services and all actions in use of Services of its members, employees, directors, officers and persons authorised by it to access the Account on its behalf shall be considered to have acted upon the instructions of Customer and be construed to have been acted directly by Customer.
8.4 The customer is responsible for handling sensitive information such as login information and passwords and Abicart will not be liable for any loss or damage from your failure to maintain the security of your account and password. In the event that the Customer suspects or should suspect that an unauthorized person has gained access to the Customer Account, the Customer is obliged to take immediate measures to restrict access to the Services, and to notify Abicart immediately of the occurrence. The Customer accepts that Abicart is not responsible for unauthorized access and abuse of the Services and for any consequences thereof, due to the Customer’s negligence.
8.5 The Customer undertakes not to publish offensive material or material whose publication constitutes an infringement of the rights of third parties. Abicart reserves the right to determine when material is to be considered offensive or intrusive. Abicart has the right to refuse to enter into an agreement with the Customer or to immediately cancel the Customer’s subscription if the Customer publishes material of the kind mentioned. The Customer shall further indemnify Abicart in the event that its use of the Services would give rise to liability for Abicart in relation to third parties.
8.6 The Customer undertakes that the Site and the Services will be used only for lawful purposes and that the Site will not be used to post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation.
8.7 Without any prejudice to generality of clause 8.4 and 8.5, the Customer agrees to not to use the Site or the Services for the following:
- for any illegal purpose
- for promoting or conveying any provocative or prohibited contents which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise is likely to generate such conduct;
- for posting any content or pictures or engage in activities harmful to children;
- for providing any false, misleading, or inaccurate information;
- for indulging in identity theft and unauthorized advertising;
- for uploading or transmitting any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;
- for infringement of anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets; infringement of anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission;
- for engaging in activities which include but are not limited to hacking other computers or servers, including Abicart’s; or to violate any requirements, procedures, policies or rules of networks related to the system; or to engage in any unlawful activity using credit cards;
- for falsely expressing or implying that Abicart sponsors, endorses, or is otherwise associated with you or your content;
- for interfering or attempting to evade or disable the Site or services, the proper working, the security features, or the equipment connected to the Site or the Services;
- to entail an excessively large load on the infrastructure of the Site or Abicart’s systems or networks;
- for restricting or restraining any other person from using the Site or the Services; Indulging in criminal or terrorist activity against any nation or society; or causing any threat or harassment to any person or public as a whole;
- for engaging in any activity that restricts or inhibits any other Abicart Account holder from using or enjoying the Service;
8.8 The Customer undertakes to indemnify Abicart for damages, including indirect damage, suffered by Abicart and its affiliates, members, officers, directors, employees, agents, and licensors and representatives as a result of the Customer’s use of the Services in violation of this agreement or applicable laws and regulations or in violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret. The Customer agrees to indemnify Abicart and its affiliates, members, officers, directors, employees, agents, and licensors and representatives against any claim that your information or submission of any other information or content by you caused damage to a third party. The same applies in the case of technical abuse where the Customer spreads malware or viruses, trojans, spiders, etc. in or through the Services. The Customer agrees that this indemnification obligation will survive this Agreement.
8.9 By using the Site, the Services or the Account, Customer represents and warrants that:
- It is permitted to enter into this agreement by law;
- It understands and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- It will not use the Site and the Services in a manner inconsistent with all laws and regulations or not in accordance with the terms and conditions of this Agreement;
- It will provide only true, accurate, complete, and current information to Abicart; and
- It will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal its identity from Abicart or in any material that it posts or submits on the Site for any purpose.
9 Data collection and confidentiality
10 Force Majeure
10.1 Abicart shall be exempt from damages and other penalties if the performance of the agreement is hindered or hampered by any circumstances caused by or in connection with wars, government intervention, unrest, energy supply constraints, labour market disruptions, prohibitions, restrictions, absenteeism, accidents, unfavourable transport or weather conditions or non-contracted deliveries – which Abicart could not foresee, at the time of the contract, avoid or overcome.
11 Intellectual Property Rights
11.1 Abicart and its licensors owns all rights, including intellectual property rights to the Services, including but not limited to rights relating to trademark, company, design, text, photographs, illustrations, graphics, video, software, etc.; codes; manner in which material is presented on its website Nothing in the Terms shall be construed as granting any of these rights in whole or in part to the Customer. Any copying, modification, transfer, licensing, and / or other use of the Services is prohibited.
11.2 The Customer understands that unauthorized use of Abicart’s intellectual property rights constitutes a breach of contract and is in violation of Indian copyright, trademark and other laws and shall constitute a criminal proceeding. Abicart has the right to take legal action against the Customer in the event of such unauthorized use of Abicart’s intellectual property rights.
11.3 Abicart does not claim any intellectual property rights over the material provided to Abicart by the Customer.
11.4 By uploading images and item description content to Account and store, Customer agrees to allow other internet users to view them and Customer agrees to allow Abicart to display and store them and that Abicart can, at any time, review all the content submitted by Customer to its Service and Account.
12.1 Abicart has sole discretion and authority to amend the Terms of Service.
13 Incorporated Agreements and Policies
13. 1 The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:
- Master Service Agreement, if any, entered into between parties specifically
- Service Level Agreement, if any, entered into between parties specifically
- Cancellation and Refund Policy
14 Applicable Law and Disputes
14.1 This Agreement and all its interpretation are governed by Indian law and disputes arising shall be governed by same.
14.2 In case of disputes arising as a result of the Agreement, the Parties shall first try to resolve by agreement. In the event that the Parties cannot find such an agreement within a reasonable time, the dispute may be referred to the District Courts in New Delhi, Delhi, India which shall have jurisdiction to try and decide any matter arising out of and related to this Agreement.
- Indian Constitution considers data privacy under fundamental right to privacy and we at Abicart endeavour to secure this right of yours by ensuring that your information belongs to you.
- This Policy is applicable to you with respect to information shared by you or collected from you –
- when you visit Abicart’s Site, or
- when you use the Abicart’s support service through any means, or
- when you enter into Master Service Agreement and agree to Terms of Service, or
- when you create an Account and a Store using Abicart’s Services, or
- when you visit a Store created using Abicart’s Service
- when you enter into Partner Agreement with Abicart or any of its Users for Services provided by Abicart
- The Policy is effective to all parties, including but not limited to Abicart Customers, that use or intend to use Abicart’s services whether through its Site or through stores created using its Site or through any other 3rd party platform (“Users” or “You” or “Your”) and you agree to be bound by this Policy.
- The Policy does not, in any manner and to any extent, absolve Users of their responsibility to keep passwords of their Accounts secure.
- By using or continuing to use the Site you agree to our use of your information in accordance with this Policy, as may be amended from time to time by Abicart in its discretion. You also agree and consent to us collecting, storing, processing, transferring User Information on our server located in Gothenburg, Sweden and sharing it with third parties or service providers in accordance with and for the purposes as set out in this Policy.
- Any word not specifically defined in this Policy shall derive its meaning from the Terms of Service and Master Service Agreement.
2. Information Collected
2.1 In order to provide a better service experience to our Users, we collect following informations (“User Information”)-
- Name, permanent address, business address, e-mail address, contact numbers or any other personal information shared to create Account
- Payment details of Users such as credit card Information
- Service use history of Users along with Site pages visited and Account access records (We may collect information about your network connection, IP address, devices and browsers you use and how you browse through the Abicart’s or its Customers’ Site.
- Business Information of Users including but not limited to legal registration numbers, type of business, corporate information, licenses or certifications granted by government authorities, taxpayer identification numbers, bank account informations and ownership and authorized representative informations.
- Correspondence history between Abicart and you
- Correspondence through Abicart’s Site
- Search history, preferred services, most visited stores, partner preference and transport mode preference.
- Any other additional information we may require from you to authenticate yourself or to verify your address, or to answer additional questions to help set up your profile.
2.2 Abicart may collect and store the User informations shared by Users with Abicart or certain informations received automatically on interaction between Users and Abicart interface such as Cookies or information received by Abicart from any third party sources which enable us to filter out frauds and corrupt businesses and safeguard our Users and improve our Service platform.
3. Cookies and other related technologies
3.1 Cookies are alphanumeric identifiers that are sent from a website and stored on your device through your web browser to recognise your browser and to provide personalised features and advertisements and maintain storage of items in your shopping cart between visits.
3.3 There is option to accept or decline cookies by modifying the settings in your computer through your browser. Though cookies and other aids are created to provide better access to the internet including this Site, you may choose to disable it.
3.4 We may also use web beacons and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement and to maintain a log of visitors on our Site.
4 Use of Information Collected
4.1 We use your information to operate our e-commerce software and platform and enhance our Site design and layout and improve our content, our services and usability. We may also use the information to notify you about important functionality changes to the Site, new Services and special offers.
4.2 Our use of User Information may be to achieve any of the following purposes-
- to administer the use of Site and platform
- to provide you access to our Services – to confirm your identity, contact you, provide you with advertising and marketing, and invoice you.
- to improve our Services – to make our platform interface easier to use, to receive feedbacks, to help customize and improve user experience when they visit a merchant store by personalising the Site
- to provide you with payments services, fraud and risk monitoring, and to comply with applicable legal and regulatory requirements
- to support you process orders and better serve your customers with the services, including supporting and processing orders, risk and fraud screening, authentication, and payments
- to conduct automated decision-making such as to help us screen accounts for risk or fraud concerns.
- to communicate with you including both general communications by way of newsletters, etc. and specific communications to send invoice, collect payments, provide support etc. through mails or any other means
- to provide third parties with statistical information about our users not including any identity specific information on any user
5. Sharing of Information Collected
5.1 The User Information we collect is not shared or disclosed to others without your specific consent, except under the certain following circumstances for which your use of the Services is deemed as a valid consent to us-
- Business Partners and Third party Service Providers: Abicart works with a pool of third parties and service providers to bring to you services such as for providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service and we may share personal information with them to support these efforts. We also work closely with affiliated business partners such as logistics and payment support partners who have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with applicable law.
- Legal Requirements: We may also share User Information to conform to legal requirements or to assist authorities in law enforcement such as by responding to lawful court orders, warrants, or other requests by public authorities and security agencies to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person
- Safeguard Abicart and its Users:We may disclose User Information to third parties to comply with our Terms of Service and other agreements; or protect the rights or property of Abicart, our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction.
- Marketing and Promotions: We may share certain information about our Users with advertisers or partners, for marketing and promotional purposes.
- Business Transfers: User Information may be shared with a company or entity that acquires our business, irrespective of manner of acquisition. In such an event, we will update the Users through reasonable means.
6. Securing Information Collected
6.1 Abicart takes security of User Information very seriously and follows industry standards on information security management to safeguard sensitive personal information shared with us.
6.2 Our systems are subject to regular internal audits to ensure our handling of your credit card information matches industry practices.
6.3 Although we have various procedural safeguards in place, it is important to understand that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee absolute security of your information from any mischief.
6.4 Abicart cannot guarantee protection against the identification information put by you on your stores which are visible to public and there is inbuilt risk of disclosure. Users agree and understand that corporations or third parties may attempt to illegally collect your email address from the Site or unlawfully intercept or access transmissions or private communications, or abuse or misuse of your information collected from the sites and Abicart cannot guarantee against such illegal practices.
6.6 Notwithstanding anything contained in Clause 5, we do not support and will never engage in selling of our User Information.
7. Contact for Grievance Redressal
7.1 Users are requested to clarify from us any doubts in this Policy and to bring to our notice any grievance on possible breach of this Policy by writing to us on firstname.lastname@example.org
7.2 You may also call us on +91-889 692 7927 and raise your concerns with Geetha P, email@example.com
Cancellation and Refund Policy
- This Cancellation and Refund Policy (“Policy”) applies to all the users (“User” or “You”) of Abicart India Private Limited (“Abicart”) who have opt for any paid Service of Abicart or its partners unless anything contrary is specifically agreed to between User and Abicart through a written agreement.
- User may unsubscribe from Services and may cancel the Account at any time by emailing us on firstname.lastname@example.org or by calling us on +91-889 692 7927
- Abicart is not obligated to store or backup your data upon cancellation of Services and shall delete the data immediately upon cancellation of Services by either party.
- Abicart reserves right to modify or terminate Services without notice at any time and for any reason including but not limited to breach of Terms of Service or evasion of law or attempt to defraud Abicart or any other person.
- Upon expiration or effective termination of the Service by either party for any reason, Abicart will cease providing the Service and you will not be entitled to any refunds of any fees pro rata or otherwise unless Abicart terminates such Service without cause. Any outstanding balance for your usage of the Service through the effective date of such termination or expiration will be immediately due and payable in full.
- Refund: Abicart does not provide refunds. We, though not obligated to, may in our sole discretion, provide refunds or service credits as per merits and on case by case basis, of amount to be solely decided by us.