ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
THE USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF SERVICE
Magikbazaar (hereinafter referred to as the "Site" or "Magikbazaar") provides its users an online store by use of its on demand (web based) e- commerce software. Magikbazaar is a website owned by Essel Marketing & Promotions Pvt. Ltd. a company incorporated in Mumbai. While using the facilities or services provided by the "Site" or through any other website connected/ linked through this "Site", you shall be bound by these Terms of Service (hereinafter referred to as the "Agreement") as specified herein.
Before using the services rendered by Magikbazaar through this website, you are requested to read and understand the Terms of Service specified herein. You accept and understand that Magikbazaar shall have the absolute right to amend these Terms at any point of time unilaterally with or without any notice. You are required to read and understand the existing Terms of Service every time before using the services offered by Magikbazaar.
This "Agreement" governs Your use of the "Site" and any services made available to You by Us or through the Site (the "Services").For purposes of this Agreement, the term "You" or "Your" shall refer to the "User(Store Owner)" or the "End User (Customer of the Store)" and the term "We" or "Our" shall refer to "Magikbazaar". If You are using the Site or Services on behalf of Your company (or another entity), then "You" means Your company (or such other entity), its officers, members, agents, successors and assigns.
Conditions of Services
- The Terms specified herein restrict the use of this "Site" by minors and those who do not have capacity to enter into a valid commercial contract.
- If you are less than 18 years and you wish to contract you are required to contract through your parents or legal guardian.
- You are required to provide accurate and correct personal information while registering to use the services rendered by Magikbazaar and You agree to keep it up-to-date.
- We have the right to verify the Information provided by You in reasonable circumstances if required.
- Free Trial does not allow you to have business transactions.
Protection of Personal Information
- Magikbazaar respects your privacy and assures You that the information collected from You will be used only to provide You our services.
- Such personal information shall not be made available to any third party.
Proprietary notices and Intellectual Property
- All aspects related to the intellectual property associated with the Site are governed by the "Intellectual Property Policy" of Magikbazaar which shall be read as a part of this Agreement.
- The Site and all the content so presented on the site (including but is not limited to acoustic, photographs, illustrations, graphics, video and software) code, data, works of authorship and materials thereon, the look and feel, blueprint and the manner in which material is arranged on the Site (hereinafter referred to as the "Content") are protected by Indian copyright, trademark and other laws.
- Magikbazaar and its licensors own, sole and exclusive rights to title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Site and/or the Content does not grant to You any ownership of any Content to which You may have access on the Site.
- The trademarks, logos, service marks and trade names (hereinafter referred to as the "Trademarks") displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Magikbazaar and its licensors and may not be used except with the express written permission of the respective Trademark owner.
- Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Magikbazaar or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site's services is strictly prohibited.
- All intellectual property rights in the Service are, and shall remain, the property of Magikbazaar or its licensor (as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by Magikbazaar and its licensors (as applicable).
Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to):
- Use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against Magikbazaar.
- Sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Magikbazaar (or any of its affiliates or licensors).
- Reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or
- Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
- We grant You a limited, revocable, nonexclusive, non-transferable, personal license to have an access to the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms specified herein.
- This license is granted solely to allow You to visit the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content.
End Users while browsing through the site can view products and information, request information and engage in certain Services on the Site. Users agree to the following terms and conditions:
- You expressly agree that any submissions by You will automatically be treated as non-confidential and non-proprietary and will become the sole property of Magikbazaar without any compensation or credit to you whatsoever.
- Magikbazaar and its affiliates may use the ideas contained in such submissions or posts for any purpose in any medium which includes but is not limited to, developing, manufacturing and marketing products and services using such ideas.
- You may not use Magikbazaar service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on "Prohibited Uses" of this Agreement.
The users who create a separate account at Magikbazaar with the sole purpose of operating and maintaining an online store are to enter into an separate "Merchant User Agreement" and the terms specified in the "Merchant User Agreement" applies to such account users. You are requested to refer to the "Merchant User Agreement" for more details in this regard.
The Site and the Services are to be used only for lawful purposes. The site must 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. You are not to use the Site or the Services for the following:
- You may not use Magikbazaar service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on "Prohibited Uses" of this Agreement.
- Promote or convey 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 reasonably and is likely to generate such conduct;
- Posting any pornographic content or pictures, engage in transmitting child pornographic materials or activities harmful to children;
- Provide any false, misleading or inaccurate information;
- Indulge in identity theft, unauthorized advertising using Magikbazaar account;
- Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;
- Infringe anyone's intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe 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;
- Engage in activities which include but are not limited to hacking other computers or servers, including Our's; or violate any requirements, procedures, policies or rules of networks related to the system; Engage in any unlawful activity using credit cards;
- Falsely express or imply that Magikbazaar sponsors, endorses or is otherwise associated with You or Your content;
- Interfere or attempt to evade or disable the Site or services, the proper working, the security features or the equipment connected to the Site or the Services;
- Entail an excessively large load on the infrastructure of the Site or Our systems or networks;
- Restrict or restrain any other person from using the Site or the Services; Indulge in criminal or terrorist activity against any nation or society; or cause any threat or harassment to any person or public as a whole;
- Engage in any activity that restricts or inhibits any other Magikbazaar Account Holder from using or enjoying the Service;
- Violate this Agreement or encourage or assist anyone else to violate this Agreement.
Express written permission of Magikbazaar is required for You to do any of the following:
- Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post the Content or the Site for commercial purposes;
- Use of the brand name Magikbazaar.com;
- Alter, eliminate, remove, supplement, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part;
- Access or attempt to access the Site or collect or index information provided to Magikbazaar using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes;
In addition to any remedies that Magikbazaar may have at law or in equity, if Magikbazaar reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Magikbazaar may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site.
Disclosure of information
Magikbazaar assures You that we will not process data about any identified or identifiable natural person that we obtain from You in a way incompatible with the purposes and other limitations which We describe in this Agreement.
Magikbazaar will take reasonable precautions to protect the information it obtains from You from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, Magikbazaar will have no liability to You or any third party provided that such reasonable precautions are taken.
- Magikbazaar will have access to Your accounts for administrative reasons.
- Magikbazaar expressly states that You must NOT commit any illegal or prohibited acts as specified in Clause on "Prohibited Uses" of this Agreement through Our Site.
- If You are found to be abusing our services for any illegal purposes, Magikbazaar reserves the right to disconnect Your account and ban You from further use of our services.
Magikbazaar reserves the following rights:
- To suspend or terminate the account of anyone who violates this Agreement;
- To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time;
- To review, modify, filter, disable, delete and remove any and all content and information from the Site;
- To update and download automatically any software provided on or through the Site;
- To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer's best interests;
- To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
The "Merchant User Agreement" between Magikbazaar and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Themes.
The Merchant User Agreement between Magikbazaar and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Content.
The Merchant User Agreement between Magikbazaar and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Payment Plan.
The Merchant User Agreement between Magikbazaar and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Marketing Communication.
This Agreement is valid from the date You:
- User (Store Owner) subscribes to this Site till the time when You decide to stop using the services offered by the Site.
- End User (Customer of the Store) subscribes to any of the goods or services offered by the Users (Store Owners) through our site till the time You decide to stop using such services.
- Cancellation, Suspension or Termination of Services
The "Merchant User Agreement" between Magikbazaar and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the "Merchant User Agreement" with regard to the manner in which the Users Account would be suspended, cancelled or terminated by Magikbazaar.
End Users Account
Magikbazaar can suspend, cancel or terminate the account of the end user of any store:
- Without limiting its other remedies, Magikbazaar may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this Agreement and Your access to the Store(s) if You fail to comply with any terms specified herein. Magikbazaar may take such actions without providing You prior notice and at its sole discretion.
- Magikbazaar reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon receipt of any third party complaint that You have engaged in any activity that violates this Agreement, which may otherwise subject Magikbazaar to liability for any reason, or that may cause Magikbazaar to incur legal fees or other expenses.
- Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
Disclaimer of Warranties
- This clause shall be applicable to the end users, any person visiting or accessing Magikbazaar website who accepts this Agreement and to any User who has entered into a separate "Merchant User Agreement" related to the services provided herein.
- Nothing stipulated in the Terms of Service shall be deemed to provide a warranty or representation (either express or implied) from the part of Magikbazaar to the control or use any of Your data. Magikbazaar represents that they do not have any obligation to control the access of any information, sites or domains in order to safeguard the interests of the public or the account holder.
- You expressly agree and understand that your activities through Magikbazaar account, including but not limited to downloading, uploading, transmitting, distributing any material, shall be at your sole discretion and at your sole risk. The services are provided "as is" and "as available" basis without warranty of any kind from the part of Magikbazaar.
- Magikbazaar, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Magikbazaar, its officers, directors, employees, and agents make no representations or warranties about the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or, The services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Magikbazaar assumes no liability or responsibility for the same.
- YOU understand and agree that you are solely responsible in case of any damages or loss of data that may occur to your computer or system or any other equipment which resulted from using the services provided by Magikbazaar.
- Magikbazaar further expressly disclaims all representations and warranties of any kind with respect to any materials uploaded, downloaded, transmitted or otherwise obtained through any other source including any website or Magikbazaar website itself.
- Magikbazaar does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
- Additionally, you specifically acknowledge and agree that no oral or written information or advice provided by Magikbazaar, its officers, directors, employees, or agents will 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 users should not rely on any such information or advice.
- Except as set forth in the Intellectual Property Policy (Incorporated by reference) Magikbazaar will not intervene or become involved in any disputes between the User and a third party, including, but not limited to, End users.
- You shall be liable for all the consequences and damages that arise as a result of Your violations of any part of the stipulations herein. Magikbazaar SHALL NOT BE RESPONSIBLE for any of your illegal activities and they shall have the right to recover any such damages from You, including attorney fees and costs related to any legal procedures associated with it.
- The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
Disclaimer of Warranties
- You explicitly understand and accept that Magikbazaar shall not be liable to You under any agreement, direct or indirect; incidental or consequential damages that may be incurred by You through Your (refers to User here, the store owner) use of Our services so offered by Magikbazaar or through Your (refers to End User here, the Customer of the Store Owner) of the services or products offered by the Store Owners.
- Magikbazaar assumes no responsibility with respect to user's or end user's use of the services and shall not be liable for consequential, incidental, or special damages, including but not limited to loss of use, business interruptions, and loss of profits, lost revenue or punitive or exemplary damages, even if Magikbazaar is aware of the possibility thereof.
- In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
You agree to indemnify and hold harmless Magikbazaar, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees), arising out of or related in any way to:
- Your use of the Site and Services and Products offered by the Store Owner,
- Your submission, posting, transmittal or any other use of any Information, Content and/or any other materials or content,
- Your violation of this Agreement,
- Your violation of any law or regulation, or violation of any proprietary or privacy right,
- Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or Any claim that Your information or submission of any other information or content by You caused damage to a third party.
- This indemnification obligation will survive this Agreement.
Your representations and warranties
By using the Site, the Services or the Content You represent and warrant that:
- You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
- You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
- You are authorized to sign for and bind the person or entity using the Site or the Services;
- You will provide only true, accurate, complete and current information to Magikbazaar; and
- You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from Magikbazaar or in any material that You post or submit on the Site for any purpose.
You may not assign this Agreement or any part of this Agreement without the express written consent of Magikbazaar. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that Magikbazaar may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.
Magikbazaar has sole and complete authority to modify and amend the Terms of Service with or without any notice to You in this regard.
Incorporation of policies
Governing Law & Jurisdiction
This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Mumbai, Maharashtra, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Mumbai District, Maharashtra, India, for settlement of any dispute or enforcement if any right under this Agreement.