Contact us on +91 8080077736
Of course. WorldMart is compatible avec for all kind of Professions. Salaried, Self-employed and Part-timers can start there own dream business with mimimum Investment and be there own boss. Furthermore, if you don’t get any single sale in your first year, Be rest assured we compliment with second year absolutely free.
Yes, our customers are owners of their data.
WorldMart brings you the best technology, and thus allows you to enjoy unlimited storage space in order to expand your business without any constraints. Whatever may be the number of articles or products, clients, or photos, WorldMart will manage them perfectly, without any storage limit to worry about.
Yes, you are allowed to add to your website information and text pages with no limit. That can be for example : pages describing your company, terms of agreement… A content management system (CMS) is included in our solution. Thanks to it, you can post and update general information. To use it, you only have to go to the Settings tab and choose CMS option.
Following registration, your store can be installed in 5 minutes. If you buy a domain name with your shop, it will take between 48 and 72 hours for it to link correctly to your store.
These products are in your shop demo version in order to let you have a look of how your shop will be once the whole catalogue will be uploaded. You can delete this products from your back office at any moment.
Of course. Thanks to the Live edit tool, available in your Back Office, you can reorganize the pages of your store according to your preferences.
No. There are no setup fees on any of our plans.
No. You can sign up and use WorldMart for 14 days without entering your credit card details. At the end of your trial, or when you decide to launch your store, you will need to pick a plan and enter your credit card details.
All WorldMart plans are for an monthly contract. (First payment has to be quaterly)
Yes we offer customization and designing of websites.For Customization and designing of websites minimum half-yearly payment required. (Applicable only for ultimate plan )
Yes, we offer a discount on an annual plans Only, when they are paid upfront in advance with in 14 Days Free Trial.
No, we do not offer a discount on an renewal plans.
Absolutely! You can upgrade or downgrade your plan at any time.
Yes! We can put together a quote that best fits your ecommerce needs. We also offer Enterprise and Non-Profit plans to qualifying companies.
There are none. All WorldMart plans include unlimited bandwidth for free.
Yes. Your online store can use an existing domain name that you own, or you can purchase a domain name From WorldMart control panel. We also provide a free worldmart.in / freeonlinestore.in subdomain name to all stores on sign up.
No. All WorldMart plans include secure, unlimited ecommerce hosting for your online store. WorldMart uses the best servers, networks and a global CDN to ensure your ecommerce site is reliable and fast.
Yes. WorldMart is certified Level 1 PCI DSS complaint.This means all your data and customer information is ultra secure.
We accept payment via Visa, MasterCard Credit/Debit cards,I Cash Card,Net Banking and Pay Pal. If you wish to pay through alternate channels, please contact customer support.
Yes. If you ever decide that WorldMart isn’t the best ecommerce platform for your business, simply cancel your account from your control panel.
You can Wire Transfer funds to the following accounts:
A/c No: 0197102000003315
IFSC Code: IBKL0000197
Once you initiate the Wire/Bank Transfer please confirm your transfer via email with scanned copy to our billing team.
You can deposit cash/cheque to your nearest IDBI Bank / ATM accross India to following account:
Once you initiate the Cash/Cheque deposit please confirm your deposit via email with scanned copy to our billing team.
The refund case approval is on case-to-case basis, mainly on the basis of if there is a problem that cannot be solved.
No refunds are offered, even if a plan is canceled mid-month.
About the Company
We will not use your personal data or information which you have provided or we have collected for :
To whom does the Policy apply
Relation with third parties
Kind of information we collect
Usage of collected information
Information regarding stores
We will not without your express consent provide your personal information to any of the third parties for the purpose of direct marketing.
For advertisement – For the purpose of marketing and promoting our services we gather information of all user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties, while doing so we do not disclose to these entities any information that could be used to identify you personally, especially your name, email address, password, credit card number, and bank account number are never disclosed to third party advertisers.
Matters relating to our Website – This website does not protect you against the identification information which you yourself would have provided by associating your name with your User ID. Although our pages with personal information are coded with robot exclusion headers, individuals and corporations may illegally attempt to automatically collect your email address from the Site. We would also keep you informed of any suspicious activity or policy violations on the Site once they come to our notice.
External Service Providers – We do not disclose your personal information to external service providers unless you provide your explicit consent. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
Legal Compliance – We shall disclose your information where necessary to cooperate with law enforcement inquiries, in order to investigate, prevent, or take action regarding illegal activities, violations of our terms of service as well as to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud., or as otherwise required by law or if there is a valid court order in this regard. We will, in furtherance of such needs adhere to the requests made, in relation to criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, (and you authorise us to) disclose personal information such as name, address, telephone number, email address, User ID history, about you as we, in our sole discretion, believe necessary or appropriate.
Other Circumstances – Such information would be also disclosed to enforce or apply the terms of this Agreement when It is understood that You have expressly violated the Terms stipulated under this Agreement , or To protect the rights, property, or safety of WorldMart, our users, or others, whether during or after the term of your use of the Service.
Disabling or enabling cookies – Though cookies and other aids are created to provide better access to the internet including this Site you have the ability to accept or decline cookies by modifying the settings in your computer through your browser. However, it is brought to your notice that disabling of cookies does not guarantee easy access of this Site.
Use of web beacons – Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by thirdparty advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
Log files allow us to record visitors’ use of the site. We may analyse log file information (who has visited where in our website) from all our visitors.
We use this information to make changes to the layout of the website and to manage the information in it. Log files do not contain any personal information and they are not used to identify any individual patterns of use of the site.
Changes in Policy
Protection of Personal Information
Proprietary notices and Intellectual Property
Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to):
The users who create a separate account at WorldMart 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:
Express written permission of WorldMart is required for You to do any of the following:
Disclosure of information
WorldMart 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.
WorldMart 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, WorldMart will have no liability to You or any third party provided that such reasonable precautions are taken.
WorldMart reserves the following rights:
The “Merchant User Agreement” between WorldMart 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 WorldMart 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 WorldMart 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 WorldMart 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:
The “Merchant User Agreement” between WorldMart 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 WorldMart.
End Users Account
WorldMart can suspend, cancel or terminate the account of the end user of any store:
Without limiting its other remedies, WorldMart 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. WorldMart may take such actions without providing You prior notice and at its sole discretion.
WorldMart 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 WorldMart to liability for any reason, or that may cause WorldMart 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
You agree to indemnify and hold harmless WorldMart, 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 representations and warranties
By using the Site, the Services or the Content You represent and warrant that:
You may not assign this Agreement or any part of this Agreement without the express written consent of WorldMart. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that WorldMart may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.
WorldMart 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.
This Merchant User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “Licensee”), and Wmart Online Services Pvt. Ltd. a company registered under the Companies Act,1956 and having registered office at – 58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207 and its products WorldMart. This Agreement comes in to effect when you register for using WorldMart services or signing an application for utilizing services of WorldMart. By Registering or signing with WorldMart, You signify your absolute and unconditional consent to all the provisions of this agreement in their entirety.
This agreement constitutes a legally binding agreement between Licensee and WorldMart. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to WorldMart.
Notwithstanding anything contained in the foregoing, this Agreement will not bind WorldMart unless you meet the eligibility criteria for entering into this Agreement as set forth in Section A of this Agreement.
The following terms shall have the meanings defined below when used in capital letters herein:
A. Eligibility Criteria
The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the eligibility to enter in to an agreement and the authority to bind the entity to this Agreement. WorldMart uses many techniques to verify the accuracy of the information you provide when you register on the WorldMart Site. If for any reason, WorldMart, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.
WorldMart (SOFTWARE), TRADEMARK OWNERSHIP AND WorldMart LICENSE
For the purpose of this Service Level Agreement, the terms in bold are defined as follows:
Available or Availability
When the USER who’s account is active and enabled has reasonable access to the Hosted Service provided by WorldMart, subject to the exclusions defined in Downtime Minutes below.
Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day.
The time period during which the Hosted Service may not be Available each month so that WorldMart can perform routine maintenance to enhance the software on regular basis by new features release, performance improvements & bug fixes, is on an as needed basis. Maintenance activity is undertaken only during very odd business hours i.e 4 AM IST to 8:30 AM IST. On a average, we take 50 to 100 minutes of maintenance activity every week. So, SLA excluding Maintenance Time would be 99.5%.
The total number of minutes that the USER cannot access the Hosted Service. The calculation of Downtime Minutes excludes time that the USER is unable to access the Hosted Services due to any of the following:
CHANGES IN SERVICES: WorldMart reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to licensee . Licensee agree to receive administrative communications from WorldMart in regards to the Software, Services, Licensee’s account, policy changes and system updates.
LICENSEE’S STORE & CONTENT CONTROL
Licensee will be solely responsible for the development, operation and maintenance of Licensee’s Store, including the operation of Licensee’s Store, accepting, processing and filing customer orders generated through Licensee’s Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Licensee’s Store. Licensee agree that WorldMart will have a backup of the data uploaded on the store in event of data corruption/ lapses which would be carried out once a day.
Licensee acknowledge that, by only providing Licensee with the ability to publish and distribute Licensee’s own or third party products, services or content, WorldMart and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. WorldMart has no obligation to Licensee or any third party, and undertakes no responsibility, to review Licensee’s Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Licensee’s Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if WorldMart believes in its sole discretion (as applicable) that Licensee’s Store or any products, services, content or other materials in the Store or on WorldMart Servers may create liability, WorldMart may take any actions with respect to the content or materials.
Licensee hereby grant WorldMart and its affiliates an irrevocable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Licensee’s content solely for the purposes provided in this Agreement. Licensee further agrees that WorldMart has the exclusive right, in its sole discretion, to share or distribute the content provided by Licensee and to either allow or to disallow, any or all web crawlers to index sites or pages or e-stores hosted with WorldMart. WorldMart shall not be held responsible in the event Licensee violates any intellectual property rights of the other Parties and Licensee shall alone responsible for such violations.
COVENANTS BY LICENSEE: Licensee covenant that any products, services, or content published and distributed on Licensee’s Store and Licensee’s related activities shall not violate the WorldMart Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they:
BREACH OF COVENANT: Licensee’s failure to comply with the covenants set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 12 of this Agreement.
CANCELLATION & REFUND POLICY (FEES & TAXES)
Licensee agrees to pay to WorldMart the Fees in the amount, manner and at the times as agreed upon; Licensee are responsible for payment for its own license of WorldMart application as well as for the licenses sub-licensed to its merchants.
PAYMENT TERMS: WorldMart will invoice Licensee and Licensee agree to pay for
1. Licensee agrees to pay all subscription fees, consulting fees and other fees applicable to their use of Services and Licensee shall not circumvent the fee structure. The fee is dependent on the User Plan that Licensee purchase and not on actual usage of the services.
2. The subscription fee is refundable based upon below policy.
If cancellation of WorldMart Subscription is presented
Within 30 days of payment and Payment Gateway is not live, 33% would be deducted and rest would be returned.
After 30 days of payment and Payment Gateway is live, 50% would be deducted and rest would be returned.
After 90 days of payment, no refund requests would be entertained.
Please Note: the refund approval is on case-to-case basis, mainly on the basis of if there is a problem from WorldMart’s end that cannot be solved.
3. Monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to Licensee by or on behalf of WorldMart in the following month
4. Each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. WorldMart is in no way responsible for any of the taxes except for its own income tax.
5. Method of payment:
1. Online : The Fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. We are not responsible for any loss or damage caused to Licensee during this process as these third parties are beyond the control of WorldMart.
2. Offline : The Fees could be either collected personally from Licensee or required to be mailed to Us at the following address :58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207
6. We consider the payment process to be complete only on receipt of the amount to WorldMart’s designated bank account.
7. All Fees are exclusive of taxes. Service Tax of 12.36% is levied on every purchase.
8. Fees not received within the specified due dates attract late charges of 18% per annum from the due-date of payment, which may levied at WorldMart’s discretion.
9. WorldMart reserves the right to modify the fee structure by providing a 30 day prior notice, either by notice on the Website or through email to the Authorized User, which shall be considered as valid and agreed communication.
14 Days Free Trial – Licensee gets a free 14 day trial on their account when they register. They can upgrade to a Starter, Basic, Professional or Ultimate account anytime during the 14 day trial period. If the account is not upgraded by the end of the trial period, your trial account would be suspended. On suspension, you still have 30 days after suspension to upgrade the account. If that is not done, the account and all the data on WorldMart would be deleted 3 days after suspension.
No charges if you delete your WorldMart account – Once a licensee deletes the account, they would not be charged again, but the licensee is responsible for whatever charges have already been incurred for the current billing period. For example, if the billing cycle is on the 10th of every month, and they cancel on the 24th, they’ll still have to pay for the current month, but they won’t be charged again after that. We cannot make any exceptions to this.
FULLFILLMENT OF SPECIFIES TAXES
For avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold WorldMart harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority (collectively, “Fulfillment Specific Taxes”) to the extent such taxes or fees are: (a) assessed on WorldMart as a result of inventory, packaging, gift wrap and other materials (i) owned by You and/or (ii) sold to customers as contemplated hereunder; and (b) Your primary legal obligation.
COLLECTION OF PAYMENT: You will collect the payment through our designated payment gateway and shall remain the sole responsible for any disputes. On all the Payment Gateway aspects, the identity of WorldMart shall not be mentioned.
WorldMart shall not be responsible for all customer complaints in regards to payment gateway issues and system related errors. All costs and liabilities arising due to the same shall be solely borne by You. WorldMart shall not be held liable at any point in time during the subsistence of this Agreement.
CREDIT CARD FRAUD AND CHRGE-BACKS: WorldMart will put in the best efforts to minimize credit card fraud and charge-backs regards to payment gateway issues and system related errors and WorldMart will not be liable for any credit card fraud and charge back.
REFUND: WorldMart may refund the money to customers if You request to WorldMart or WorldMart deem fit for such refund to the customer. In case customer’s claims damages or non deliveries product by You, WorldMart will inform You about such claims that are received from customer in pertinent to Your product and services. If You delay in resolving the customer claims, then WorldMart may at its sole discretion decide to suspend and terminate your account to immediate effect without any Prior Notice. WorldMart does not take any responsibility to ascertain the truth of such a claim. Though in such cases WorldMart would use reasonable efforts to resolve dispute arising between you and your customers .
FULFILLMENT OF THE ORDER
FULFILLMENT: During the Term, You will source, pick, pack and dispatch to the applicable addresses, Your Products sold in connection with a Transaction Charge through Your website.
PRODUCT FULFILLMENT: You will be solely responsible for the fulfillment of all the products that are uploaded and displayed on Your website. Further, WorldMart will not be liable for any transaction entered or performed on Your website.
REVERSE LOGISTICS: You will be solely responsible for accepting and processing returns of Your Products and will communicate to customers all necessary information for the return of Your Products which are sold through Your website.
DISCLAIMER OF WARRANTIES
WorldMart, its suppliers and service providers, provide the software, additional software, and services, on an “as is” basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, noninfringement; and warranties arising from a course of dealing, usage or trade practice are excluded. WorldMart, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Licensee acknowledges and agrees that this section 7 is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different.
LIMITATION OF LIABILITY
In no event shall WorldMart, its suppliers, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence). WorldMart’, its suppliers’, and service providers’, cumulative liability, and the liability of their officers, directors, employees, contractors and agents to Licensee or any third parties in any circumstances shall be limited to payment received by WorldMart for that particular service or month. There is no warranty in respect of the WorldMart, Software or Services.
WorldMart has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for their conduct and that WorldMart reserves the right to terminate Licensee’s rights to use the service immediately, notwithstanding penal provisions under the laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
In no event shall WorldMart shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the WorldMart software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, or otherwise arising out of the use of the WorldMart software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if WorldMart or any of its suppliers has been advised of the possibility of damages. WorldMart does not endorse in anyway any advertisers/ contents of advertisers on their web-pages. The clause shall survive the termination or expiry of this agreement.
The material and information provided by Licensee (“content”) under this agreement belongs to Licensee who agrees to grant the rights to share / redistribute or otherwise use the content to WorldMart as described in Section 4 of this agreement. Licensee being the owner of the content provided shall be responsible for any acts of violation of rights of another or intellectual property infringement by way of the content provided. WorldMart makes no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, of the content provided in the content or the information on products, services (information) made available Licensee. WorldMart and their business partners would not be liable for any intellectual property infringement or violation of rights of another by use of such contents.
Licensee agree to indemnify and hold WorldMart, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Licensee’s breach of the User Agreement or the documents it incorporates by reference, or Licensee’s violation of any law or the rights of a third party.
Without limiting other remedies, WorldMart may limit Licensee’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licensee’s account or Licensee’s Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licensee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licensee or if WorldMart believes that Licensee’s actions may cause financial loss or legal liability for Licensee, Licensee’s Store customers, or WorldMart.
SUSPENSION AND TERMINATION
SUSPENSION: At the discretion of WorldMart and for any reason set forth in this section (Section 12) of this Agreement, WorldMart may suspend Licensee’s account by deactivating any access by Licensee or by Licensee’s customers to any information contained on the WorldMart Servers related to Licensee’s account while maintaining the information and data related to Licensee’s account upon the WorldMart Servers. Suspension shall specifically include the disabling of Licensee’s Store and/or any access to information or data related to Licensee’s account. In the event of any such suspension Licensee will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. Licensee will remain responsible for the payment of any such fees during any such period of suspension.
TERMINATION: This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by WorldMart (a) as provided in this Agreement, (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or (c) upon thirty (30) days written notice. Licensee may terminate this Agreement upon twenty-four hours notice by telephoning WorldMart’ designated customer support center. Licensee’s termination request may be recorded by WorldMart and will require Licensee’s user name and password and verification code.
In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and Licensee shall destroy all copies of the Software in Licensee’s possession, if any. Upon termination, there will be no refund provided to Licensee except as set forth in the Price Policy and all outstanding fees owed by Licensee shall become immediately due and payable. Termination shall not affect the rights of WorldMart to recover from Licensee losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.
This agreement is governed and construed in accordance with the Laws of Union of India. Licensee hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the WorldMart’s products/sites/services. Use of the WorldMart software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Licensee agree to indemnify and hold WorldMart, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of Licensee’s use of or conduct on the WorldMart’s products/sites/services. Licensee agree that WorldMart has absolute authority to modify or change the terms and conditions of the agreement without Licensee’s consent and the modified terms and conditions can be kept in WorldMart website and no separate notice is required to be issued to Licensee.
Licensee shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Licensee’s use of the Software, the Services, and Licensee’s listing and sale of products and services on Licensee’s Store.
Licensee and WorldMart are independent contractors, and no agency, partnership, joint venture, employeeemployer or franchiser-franchisee relationship is intended or created by this Agreement.
Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party in the breach.
Except as explicitly stated otherwise, any notices Licensee shall be given by postal mail to Wmart Online Services Pvt. Ltd – 58 Ground Floor, Dattani Square Mall, Bhabola Road, Vasai (W) Dist. Palghar – 401207 or WorldMart may issue the notice to the email address Licensee provide to us during the registration process (in Licensee’s case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give Licensee notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between Licensee and WorldMart during Licensee’s use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by WorldMart. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally. All other expenses of Lawyers fees and other expenses shall be borne by the respective parties.
Licensee acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. WorldMart’ failure to act with respect to a breach by Licensee or others does not waive WorldMart’s right to act with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term “including” means “including without limitation,” unless expressly stated to the contrary.
This Agreement sets forth the entire understanding and agreement between Licensee and WorldMart with respect to the subject matter hereof.