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This Agreement shall enter into force from the date of purchase of the software between Webkul software PVT. Ltd., A company registered in accordance with the companies Act, 1956 (hereinafter “Licensor”) and the buyer of the software product (“licensee”).
Webkul is an organization based on web and mobile products, engaged in developing and marketing software for enterprises of electronic Commerce at the enterprise level. Is ISO and NSR (NASSCOM) certified organization with a team of more than 100 creative engineers who come from different walks of life. Over the past few years the company has developed more than 700 web extensions and apps for platforms with open source code that are used and are trusted worldwide. Licensee wishes to obtain a license and Licensor desires to grant a license to permit use of the services purchased/ subscribed by the Licensee, in accordance with the terms and conditions set forth in this document.
Therefore, intending to be legally bound, the parties hereby agree as follows:
1. Terminology. In accordance with this Agreement, the following terms have the following definitions:
“The User account is Active staff” means a staff user account that is active in the context of software Webkul, which means that the User account staff is fully functional and can be used for authentication services.
“Webkul”, “us” and “we” means Webkul software PVT. Ltd. its employees , representatives and contractors.
Data – the data stored in your helpdesk using the Services.
“Services” and “services” means Webkul on-Demand hosted service support and related tools, products, services, media, downloaded software and other materials provided to You through the website or otherwise at Webkul.
“Website” means www.webkul.com.
“User account personnel” means the user account staff in the context of software Webkul.
“Software of third parties” includes any software of third parties which may be included in the Services.
“Decision” means a decision that you have decided to provide you with the Services. 2. Acceptance of terms
2.1 This Agreement consists of the following terms and conditions (the “terms” or “terms of service”). You must be of legal age (18 years or older) to enter into a binding contract to accept the terms. If you do not agree with the terms, do not use our Services. Clicking on the” I agree ” or using the API or Services, you acknowledge that you have read and agree to the terms of this Agreement.
2.2 You may terminate this Agreement for any reason by closing your account Webkul and following the closure of your account.
2.3 Webkul reserves the right to update and change the terms of service at any time without prior notice. New features that can be added to the service, are governed by the terms of service. You should continue to use the service after any such changes constitutes your acceptance of such changes.
2.4 Violation of any part of the rules may result in termination of Your account.
3. Grant of license
In accordance with the terms of service, Webkul provides You with a revocable, non-exclusive, non-transferable, not sublicensable license to use the services through your active user accounts.
3.2 User Accounts for the staff.
You have to make sure that the number of active user accounts of the staff is equal to or less than the number of user accounts of staff, to which you have subscribed. You are responsible to access the user account of the staff were common. Only one individual may authenticate to one user account staff. If You are a legal entity or Association, all persons using Your user accounts must be either your employees or your contractors who have agreed to abide by the terms of service. Equipment or software used to combine compounds of the redirection information or the reduction in the number of users who directly have access to the software or to use it (sometimes called “multiplexing” or “pooling”), does not reduce the number of licenses or accounts of the active users of the staff that you need.
3.3 The Software of third parties.
The services may include software of third parties requiring notification and/or additional conditions. Such required notice about the software to third parties and / or additional conditions may be requested in Webkul and included in the terms of service. By accepting the terms of service, you also accept the additional conditions, if any, stated therein.
3.4 A Subscription Basis.
You acknowledge and agree that, as described below, your license to use the Services provided on paid subscription and therefore terminates upon the expiration of a paid subscription (if it has not been terminated earlier as provided herein), if you fail to renew their subscriptions for the current conditions.
4. Conditions and limitations
4.1 No Reselling, time-sharing, or Sub-licensing.
You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, provide, share, or otherwise use or provide Services to third parties, except as expressly permitted by the terms of service.
4.2 Data Transfer.
You acknowledge that the technical processing and transmission of the services, including Your content, may be transferred unencrypted and involve (a) transmission over various networks; (b) amendments to comply with technical requirements of connecting networks or devices and (C) transfer Webkul third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and service. You should not use services as a mediator between the user and other data transmission networks.
4.3 No Unlawful use or objectionable content.
You should not use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or functioning of the Services and their components or violates the rights of another party. You must not modify, adapt or hack any protected (encrypted or compiled) part of the software, or otherwise attempt to gain unauthorized access to these parts or their related systems or networks. You agree not to promote any material that is unlawful, threatening, abusive, malicious, defamatory, false, materially inaccurate or otherwise objectionable. You will not reproduce, publish or distribute content in connection with the service, which infringes the trademark, copyright, patent, trade secret, publicity, privacy or other personal or proprietary rights of third parties. Webkul company does not warrant that your use of the service in accordance with the terms of service will not violate any laws or regulations applicable to you.
In respect of any use of the service, you must save the attribute and a hyperlink to Webkul and its website intact unless a license (at a price) is not received from Webkul for this.
4.5 Responsibility for the use.
You assume all responsibility for the use of the Services, including but not limited to content and media that are created, downloaded, uploaded, transmitted and edited using the Service. You are responsible for any access to the service.
4.6 Data Recovery.
If loss of data occurs due to errors on the part of Webkul, Webkul will try to recover the data for free. If loss of data occurs due to an error on your part, Webkul has the discretion to offer service to data recovery for a fee in the amount of $999.00 USD.
4.7 Fair use Policy.
Webkul shall make every reasonable effort to provide sufficient resources to ensure good quality of service compared to the number of purchased user accounts staff. If Your use of the Services affects the quality of the Services we can provide to other customers, Webkul may suspend the provision of Services to You. Depending on the specific issue (for example, whether sustainable or one-time), Webkul may require you to go to a higher capacity account. Webkul undertakes to discuss such problems with you in due time, if they occur.
Webkul takes regular backups of your data. No guarantees of integrity or completeness of these backups are not available. You agree to maintain all appropriate backup of files and data stored on servers Webkul in its sole discretion.
4.9 Fair usage Policy.
4.10 Protection of information authentication.
You represent and warrant that all passwords and login credentials will remain safe at all times for you and each of your user accounts staff. If in case You suspect a security violation You also undertake to immediately notify the Webkul.
4.11 Junk E-Mail.
You may not use the Services to send unsolicited email (“spam”) to anyone, including mailing lists that you have purchased. In case of receiving reports of unwanted e-mail Webkul may suspend your Services without prior notice.
4.12 Limited license.
You acknowledge and agree that (I) the services and Webkul is licensed, not sold, to You pursuant to the terms of service and (II) the service uses, embodies, and contains confidential information and technology Webkul and/or its licensors and embodies trade secrets and intellectual property of Webkul and/or its licensors protected under United Kingdom copyright and other laws and international Treaty provisions (collectively, the “Webkul intellectual property rights”). Your rights to the service are strictly limited to these license rights granted explicitly, and Webkul reserves all rights not granted explicitly in the present document. Without limiting the foregoing, Webkul and/or its licensors retain all right, title and interest in and to Webkul intellectual property rights, including but not limited to: (I) all software code (source code and object), functionality, technology, system and network architecture and user interfaces and all modifications and (II) all trade secrets, patents, copyrights and other intellectual property rights in the service. You also acknowledge that there are no implied licenses granted in accordance with the terms of service.
4.13 Software for data processing.
You shall not (a) perform reverse engineering, decompile, disassemble, decrypt any portion of compiled and/or source code, in whole or in part, or otherwise attempt to derive the source code of the software used within the service, (B) use any software of third parties, regardless of the service or (C) any attempt to circumvent parts of the services designed to ensure Maximum number of staff user accounts for which You have paid. You do not acquire any rights to the service except for the Limited rights to use the services directly provided by the service.
You are not required to perform any actions that may distort or harm the interests of Webkul name or the name of its third party suppliers, whether through explicit act or omission.
5. Commitments, guarantees and compensations
5.1 Disclaimer (No guarantees).
Service access to the service, the information contained on the service and the site are provided “as is” and “as available” basis without any warranties of any kind, Express or implied, including, but not limited to, implied warranties of MERCHANTABILITY, fitness for a particular purpose, and NONINFRINGEMENT. Webkul makes no warranty that (I) the service will meet your requirements, (II) the service will be uninterrupted, timely, secure, error-and virus-free, (III) the results that may be obtained from use of the service will be accurate or reliable, (IV) the quality of any products, services, information or other material purchased or obtained by You through the service will meet Your expectations, and (V) any errors in the service will be corrected. No advice or information, whether oral or written, obtained by you from Webkul or through or from the service shall create any warranty not expressly stated herein.
5.2 Unauthorized access; Lost or corrupt Data.
Webkul will not be responsible for unauthorized access to any data, facilities, or equipment of any person using the service or for unauthorized access to or modification of, theft of, damage to, loss or destruction of any data files, programs, procedures or information through the service, whether by accident, fraudulent means or devices or any other means. You are solely responsible for verifying the accuracy of all output and reports. You hereby waive the damage caused by lost or corrupt data, incorrect reports or incorrect data files as the result of a programming error, operator error, malfunction of equipment or software, breach of security, or use third-party software manufacturers. Webkul is not responsible for the content of any information transmitted or received through the provision of services of Webkul. Any material downloaded or otherwise obtained through the use of the service is done at your own risk and only you will be responsible for any damage to your computer service or loss of data that results from the download of any such material. Webkul is not responsible for data hosted on its servers and you are solely responsible for maintaining local copies of your data and maintaining proper and sufficient insurance if you want insurance in respect of loss of data.
5.3 Communication Lines.
You acknowledge that access to the service will be provided over various facilities and communications lines, and information will be transferred to the local PBX and the network backbone carrier lines and through routers, switches and other devices (collectively, “carrier lines”) owned, maintained and serviced by third-party carriers, utilities, Internet service providers, which are beyond the control of Webkul. Webkul is not responsible for or in respect of the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. The use of the carrier lines at your sole risk and subject to all applicable local, state, national and international laws.
5.4 Third party Websites and service providers.
5.5 Guarantees Stipulated By Law. If applicable law requires any warranties with respect to the services, all such warranties are limited within ninety (90) days from the date of registration for services.
5.6 Limitation of liability. Webkul will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the service, on the basis of contract, warranty, tort, etc. (including negligence, software liability, any type of civil liability or other theory or otherwise) to you or any other person for cost of cover, recovery or refund of any investment made by you or Your affiliates in connection with this Agreement, or any other loss of profits, revenue, business or data or punitive or consequential damages arising out of or relating to this Agreement. In addition, Webkul’s aggregate liability arising out of or in connection with this agreement or the transactions contemplated in this Agreement, will not exceed, at any time or under any circumstances the total amount received Webkul from You in connection with a particular service, leading to the occurrence of the claim.
5.7 Indemnification. You agree to indemnify, defend and protect and Webkul Webkul other users of the services and Webkul and their affiliates, officers, Directors and agents from and against any claim, cost or liability, including reasonable attorney fees, arising from or relating to: (a) your use of the services; (b) any content that you create, transmit or display while using the services; (C) any violation by You of any representations, warranties or agreements contained in the terms of service; (D) any unlicensed use of the service using Your staff user accounts; and (e) Your negligence or willful misconduct.
5.8 Violation. Given the rest of this section, Webkul will indemnify and hold you harmless against a claim to the extent based on a claim that the use of the service (in the form prescribed by Webkul) in accordance with this Agreement violates a copyright registered (“claim”), and will pay those damages and costs finally awarded against You in a court of competent jurisdiction, or agreed in writing Webkul as settlement, as a result of such claims, provided the licensee will be notified Webkul claim within sixty (60) days from the date of its occurrence. Webkul is not responsible for any damages or expenses because the claim is based on: (I) use the service in conjunction with Webkul product, software or equipment; (II) use the service in a manner or for applications than those for which it was intended to be used regardless of Webkul knew or was aware of such use; (III) modifications to service by any person or entity other than Webkul; (IV) any violation by You of any representations, warranties or agreements contained in this Agreement; (v) any unlicensed use of the service using your user account personnel; or (v) your negligent or willful misconduct. If the service will, or according to Webkul may be the subject of a claim, Webkul may, at its discretion and at its sole discretion: (a) procure for you the right to use the service free from any liability; (II) replace or modify the service to make it non-infringement of third parties; or (III) terminate Your right to continue using such software and refund, on a prorated basis, any license / subscription fees related to the service is used and paid by You.
6. Intellectual property rights
6.1 Each of us retains all rights, title and interest to all our respective patents, inventions, copyright, trademarks, domain names, trade secrets, know-how and any other intellectual property rights and/or property (collectively “intellectual property Rights”). The rights granted to you, your affiliates, agents and end customers to use the service and websites in accordance with these terms, do not convey any additional rights in the service or the websites, as well as related intellectual property rights. Subject only to limited rights to access and use services and web sites when this is clearly specified otherwise, all rights, title and interest in and to the service, web sites, and all equipment, software and other components of or used to provide services and web sites, including all related intellectual property rights, will remain with and belong exclusively to Webkul. Webkul has a royalty-free, worldwide, transferable, sublicensees, irrevocable and perpetual license to the inclusion in the service and/or web sites, or otherwise use any suggestions, enhancement requests, recommendations or other feedback Webkul received from you, agents or end-customers. Webkul, is another Webkul product and service names and logos used or provided on the service or on the sites are registered or unregistered trademarks of Webkul (collectively, the “marks”), and You can use such Marks to identify You as a user Webkul; provided that you do not attempt, now or in the future, to claim any rights in the marks, degrade the visibility of signs, or use signs to neglect or distortion of Webkul, its services or products.
6.2. You must not use any part of the content on our websites for commercial purposes without obtaining a licence to do so from us or our licensors. We are the owner or the licensee of all intellectual property rights on our website and in the material published on it. Those works are protected by copyright laws and international treaties. All rights reserved.
6.3 Despite anything else, you agree that Webkul can receive and summarize technical and other data about your use of the service, not subject to personal identification about you, including, without limitation, the source of the tickets, time stamps, number of responses, the time responses of state tickets (open/resolved/etc). 6.3.) (“Aggregated anonymous data”), and Webkul may use aggregated anonymous data to improve, support and operation of services and otherwise for any business purpose during and after use of the service.
7. Privacy and data security; privacy
7.1 If You choose, or you are given a user ID, password or any other information as part of our security procedures, You must consider such information as confidential. You must not disclose such information to third parties. We have the right to disable any user identification code or password, chosen by You or assigned by us at any time if in our reasonable opinion You fail to comply with any provision of these terms and Conditions.
7.2 In accordance with pronounced permissions of these terms, you and Webkul will protect confidential information from unauthorized use, access or disclosure in the same manner as each protects its own confidential information but no less than reasonable care. Unless expressly permitted in accordance with these terms and conditions, each of us can use each other’s confidential information solely for the purpose of implementation of the respective rights and perform our respective obligations under these terms and shall disclose such confidential information solely to those of our employees, representatives and agents who need to know such confidential information for such purposes, and which are required to keep confidential and not misuse, such confidential information. The provisions of this section supersede any confidentiality agreement signed by You and Webkul to these terms and conditions, that would have the objective to ensure the confidentiality of Your data and such agreement has no further force or actions in respect of your data, with the exception of cases where any provision of this agreement is intended or made for survival.
7.3. You agree that Webkul and providers he uses to help provide services You have the right to access Your account and to use, modify, reproduce, distribute, display and disclose Your data solely to the extent necessary to provide the service, including, without limitation, in response to Your requests to support. Any third-party service providers we use will only be granted access to your account and your data as is necessary to provide the services and subject to confidentiality. Webkul can also access or disclose information about You, Your account, agents or end-customers, including data for (a) compliance with the law or respond to lawful requests or legal process; (b) protect Webkul or its customers or partners rights or property, including enforcement of these terms or other policies associated with the services; (C) act On a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
8. Payments, sales and refunds
8.1 Payment of fees.
You must pay all fees within the established deadlines.
8.2 The Decision to upgrade, downgrade or switch.
The amount you pay per billing cycle, depends on the solution chosen and the number of selected user accounts of the staff. If You go to the solution which costs more or increase the number of user accounts staff in the middle of a billing cycle, Webkul will bill You for the slight increase in the amounts payable to You during this billing cycle. If You go to the solution which costs less or less than the number of user accounts staff in the middle of a billing cycle, Webkul will not be obliged to return the amount by which You overpaid for that billing cycle. To change your solution or the number of user accounts of staff, you must, at its own discretion, Webkul, to conclude a new license agreement for the software on the current conditions.
8.3 Price Changes.
Webkul reserves the right to change prices at any time.
8.4 The Account on credit cards.
When paying with a credit or debit card you authorize Webkul to debit your card renewal fees account. Webkul uses a third party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use billing information except to process credit card information for Webkul. Webkul may use your information to perform fraud screening.
Webkul is not obliged to return the money. Webkul offers a 30-day evaluation account that should be used to evaluate and test the Services before purchasing. The refund is made solely at the discretion of Webkul.
8.6 The right to refuse access.
Webkul reserves the right to refuse access to the Service for any or no reason.
Webkul charges do not include any taxes, fees, duties and other similar governmental assessments, including value added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “taxes”). You are responsible for paying taxes except taxes to be credited against Webkul based on his income. Webkul will bill you for all such taxes, if Webkul believes that there is a legal obligation to do so and you agree to pay such taxes if they are exposed.
9. Cancellation and termination actions
9.1 You may at any time terminate your account and subscription to the Service by clicking on the link to account Settings on the Admin page when you log on to our website, but you will be responsible for all accrued up to that time charges, including the full monthly fee for the month in which you terminated the Service. If Your account and subscription to the service will not be terminated, your subscription will be extended by the subscription period equivalent to the end of the subscription period. Unless otherwise provided in any form, the subscription fees applicable to your subscription for any such subsequent subscription term is our standard fee for a subscription service to which you have subscribed since the beginning of such subsequent subscription term.
9.2 Unless you have agreed otherwise in a Form that contains references to these terms, you will not be a refund for subscription payments or other charges or payments if you decide to terminate your subscription to the service or cancel your account prior to the expiration of the subscription
9.3 Webkul strongly recommends you to export all of your Data to any termination or cancellation of your account. After the termination or cancellation of the subscription service and/or your account, We reserve the right to delete all your data in the normal mode of operation at any time after the expiration of 14 days after the cancellation or termination of your account. Your Data cannot be recovered after deletion.
9.4 If you cancel your subscription to the service or cancel your account before the end of the effective subscription term or the consequences of such termination or revocation, as well as other amounts you may owe Webkul, You must immediately pay any unpaid subscription costs associated with the remainder of such subscription term. This amount will not be paid by you in the event of termination of subscription to the service or cancel your account as a result of significant violations of these terms Webkul, provided that you notify Webkul of the breach and allow Webkul not less than thirty (30) days to reasonably eliminate such violation.
9.5 Webkul reserves the right to change, suspend or discontinue the service (or any part thereof), your account or your rights and/or agents or end customers to access and use the service, and remove, disable and discard any of your Data if we believe that you, your Partners, agents or end-customers have violated these terms. You will be required to pay any fees or Webkul before the date of termination. Unless prohibited by law, Webkul will use commercially reasonable efforts to contact you directly via email to notify you when taking any of the above actions, and provide you with the opportunity to remedy such breach within 15 days from the date of notice Webkul to you. Webkul will not be liable to you, agents, end users or any other third party for any such modification, suspension or discontinuation of your rights to access and use the service. Any suspected fraudulent, abusive or illegal activity by you, agents or end customers can be transferred to law enforcement agencies / relevant authorities at our sole discretion. Webkul will not be liable to you or any third party for any modification, suspension or discontinuance of the service.
You may not assign your account or Webkul your rights to the terms of service without the prior written consent of Webkul, except the sale of all or substantially all of your assets. Webkul may transfer all or part of its rights, interests and obligations under this Agreement without restriction.
Headings are for convenience only and shall not affect the meaning or construction of any provision of this Agreement.
Webkul the failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right. No provision in the terms of service will not be considered exempt from liability and cannot be justified by the violation, unless such waiver or consent is signed in writing and is signed by the party who grant or refuse consent. Any consent by any party, or waiver of a breach of other warranties, Express or implied, is not a consent, waiver, or excuse for any other different or subsequent breach.
10.4 Export controls.
You agree to obey all applicable laws and regulations the export and re-export control. You agree to comply with all local rules regarding online behavior and acceptable content.
10.5 Governing law.
Interpretation of conditions of service and settlement of any disputes arising in connection with the conditions of service or in connection with them are governed by the laws of India.
The parties intend to carry out the provisions of this Agreement to the maximum extent in accordance with the laws and public policy of India in which to seek enforcement of this Agreement. Pursuant to the foregoing, each provision of the law should be separated from each other provision, and any provision of this Agreement is/ becomes unenforceable under the following conditions: (I) if such provision is contrary to or in conflict with the requirement of any law, rule or regulation in force, such requirement shall be included in, or replace the invalid provision to the minimum extent necessary to make such provision enforceable; (II) the court, on or the judge considering the matter is officially resolved (or, if such court, authority or the judge is unwilling or unable to do, then Internet participants) On amendments to the regulations on the minimum extent necessary to make such provision enforceable, and the parties agree to the entry of the order and changes in that position; and (III) if any such provision cannot be or is not reformed and entered into force in accordance with paragraph (I) or (II) above, such provision shall be ineffective to the minimum extent necessary to make the rest of this agreement. Any application of the above provisions any provision of this Agreement shall not affect the validity or legal effect of any other provision of this Agreement.
Unless otherwise expressly provided in this Agreement, all notices, consents, requests, demands and other communications required or permitted under this Agreement:
(I) must be in writing;
(II) sent by messenger, certified or registered mail/by e-mail or a reliable Express service-delivery at the appropriate address (addresses) specified below; and
(iii) shall be deemed granted on the date of receipt by the addressee as evidenced by a receipt furnished by the addressee (or a responsible person in his office), the records of the Party sending such communication or notice that such addressee refused to claim or accept such communication, if sent by messenger, by mail or Express delivery.
All such messages are sent to the following addresses or numbers, or other addresses or numbers of which any party may inform the others by giving advance notice to five days:
If Webkul Software Pvt. Ltd.:
Webkul Software Pvt. Ltd.
A-67, Sector 63, NOIDA – 201301,
Uttar Pradesh, India
If You / Subscriber:
At the indicated address
(at the time of use of our services)
12. Relationship Of The Parties
Webkul and you are independent entities, and nothing in this Agreement shall be construed as creating a partnership, joint venture, Association of persons, Agency, franchise, sales representative or employment relationship between the parties. You may not accept any offers or representations on behalf of Webkul. The relationship between the parties are only between a licensor and a Licensee, and the rights, duties, obligations of each party governed by this Agreement.
13. Complete understanding.
The terms of service, in which from time to time may be amended, constitute the entire agreement between you and Webkul and govern your use of the Services, superseding any prior agreements between you and Webkul the use of the Services. In addition, you may be subject to additional terms and conditions that may apply when you use or purchase certain other services of Webkul, affiliated services, third party content or software of third parties.
14.No Third Party Beneficiaries.
No Express or implied implied terms of service is not intended to provide and should not provide any individual or entity other than the parties and their successors, or to give, any rights, remedies, obligations or liabilities.
If any dispute arises between Webkul and you at any time, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, it relates to a sole arbitrator who shall be an independent and neutral third party, appointed solely Webkul. You should not object to the appointment of the arbitrator, so appointed Webkul. The place of arbitration shall be Delhi, India. Arbitration and conciliation act, 1996, as amended by the Law on arbitration and conciliation (amendment) 2015, regulates arbitration proceedings. The arbitration shall be conducted in English.