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"), Pine Orange PVT Ltd, a Company incorporated under the provisions of the Companies Act, 2013, having its Registered Office at R - 183/C, SA Farooque Road, Kolkata-700024 hereinafter called “ Pine Orange” and its product/s Zubizi Web Solutions. This Agreement comes in to effect when you register for using Zubizi Web Solutions services or signing an application for utilizing services of Zubizi Web Solutions. By Registering or signing with Zubizi Web Solutions, 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 Zubizi Web Solutions. 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 Zubizi Web Solutions. Not withstanding anything contained in the foregoing, this Agreement will not bind Zubizi Web Solutions unless you meet the eligibility criteria for entering into this Agreement as set forth in Section 2 of this Agreement.
**Please carefully read Annexure 1 & Annexure 2 to understand key roles and responsibilities, scope of work, support and key terms of engagement with Pine Orange**
- The following terms shall have the meanings defined below when used in capital letters herein:
- Services means the services provided by Pine Orange, on behalf of the CLIENT including hosting of the online store, site design, email services, marketing services, SMS Services, and other related services as may be offered from time to time. Software and/or Services are provided by Zubizi Web Solutions on SAAS (software as service) model.
- “Zubizi Web Solutions License” or Application License” has its meaning described in Section 2 of this Agreement. 1.5. “Zubizi Web Solutions site” or “Zubizi Web Solutions website” refers to the Zubizi Web Solutions product website – www.zubizi.com
- “Intellectual Property Rights” means all patents (whether registered or not), trademarks(whether registered or not), copyrights (whether registered or not), design rights, trade secrets, marks or any other intellectual property rights in Software licensed, granted or assigned by Pine Orange to, or otherwise vested in, Licensee pursuant to the Agreement.
- Client: merchant, retailer, or any individual that subscribes for the Zubizi Web Solutions e-commerce platform and other associated services offered by Pine Orange
- Customer: Individuals or organization visiting the online e-commerce store of the client with an intention to buy the products showcase on the online store.
- Payment Gateway: A strategic alliance partner of Pine Orange that is a well-established online payment processor.
- This could even be a payment gateway as requested by the merchant.
- ELIGIBILITY CRITERIA:
- The Services and Software license are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are (is) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. Pine Orange .uses many techniques to verify the accuracy of the information you provide when you register on the Zubizi Web Solutions™ Site or through other means. If for any reason, Pine Orange, 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.
- Zubizi Web Solutions (SOFTWARE), TRADEMARK OWNERSHIP AND Zubizi Web Solutions LICENSE:
- The Software provided by Pine Orange And all intellectual property rights therein, are the exclusive property of Pine Orange
- Subject to the terms and conditions of this Agreement, Pine Orange grants to Licensee a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Pine Orange) through the Zubizi Web Solutions Application solely for the purpose of building and maintaining an interactive store hosted by the Pine Orange Servers on which Licensee offer Licensee’s or a third party’s products or services (“Licensee’s Store”).
- The Software and its structure, organization, and source code constitute valuable trade secrets of Pine Orange Accordingly, except as expressly allowed Licensee will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party.
- ADDITIONAL SOFTWARE AND SERVICES:
- Certain additional features that Pine Orange may make available to Licensee may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”) Similarly, Pine Orange may make available additional services (including third party services) that are subject to upplemental or independent terms and conditions (“Additional Services”). Such software and services are subject to additional payments as required and are subject to Licensee’s consent to such terms and conditions associated with the use of additional software and services.
- Upon activation of Licensee’s account and subject to the payment of applicable fees, Pine Orange PVT Ltd. will provide certain hosting, support and other miscellaneous Services for the Software licensed by Licensee under this Agreement and Licensee’s Store during the term of this Agreement as published on the Zubizi Web Solutions Site. Licensee’s Store shall be hosted on a Pine Orange PVT Ltd server on which several merchants may share the resources and network capacity of that Pine Orange Server.
- STORE DESIGN AND CUSTOMIZATION: At Licensee’s request, and subject to Pine Orange’s acceptance of Licensee’s request and Licensee’s payment of applicable fees, Pine Orange will itself provide, design and customization services for Licensee in accordance with Pine Orange’s then current customization terms and conditions and customization costs. This service is not FREE of charge and is not included in the subscription fee packages. However, the merchant is free to use the tools provided in the admin area of Zubizi Web Solutions to design their store however they wish.
- DOMAIN NAME REGISTRATION : At Licensee’s request and subject to your agreement to applicable terms and conditions and the payment of applicable fees, Pine Orange’s Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf. You hereby appoint Pine Orange and third parties who provide domain name registration services to Pine Orange as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize Pine Orange and third parties who provide domain name registration services to Pine Orange To select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. Pine Orange provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against Pine Orange PVT Ltd. for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, Pine Orange reserves the right, in Pine Orange’s sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.
- CHANGES IN SERVICES : Pine Orange 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 Pine Orange in regards to the Software, Services, Licensee’s account, policy changes and system updates.
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