The WeblinkCart.com (“WL-Cart”) is an electronic web-based platform for listing and value-added services to help grow and expand business online. It is a service offered by WeblinkIndia.NET which is owned and managed by Weblink .IN Pvt. Ltd. ("Company") with its registered office at 33 & 33A, Rama Road, Industrial Area, Near Kirti Nagar Metro Station, New Delhi, 110015 (India).
For the purpose of Terms, wherever the context so requires,
- “Merchant” is any person who accesses the WL-Cart for Services to set up Merchant Store and receive payments. The Merchant includes any person using WL-Cart and any legal entity which may be represented by such person under actual or apparent authority.
- “Customer” is any person(s)/entity who buys/avails the products and services offered on the Merchant Store by the Merchant;
- “Merchant Store” stands for the digital platform/e-store set up by the Merchant on the Platform to offer products or services and enable Customers to place Orders and receive Products / Services;
- “Order” is a request placed by the Customer for availing any product and/or service offered by the Merchant (payment of which maybe online or offline);
- “Paid Services” shall refer to the subscription-based services offered by WL-Cart to Merchant
- “Services” shall mean all the services provided by WL-Cart;
- “Site” stands for the website
- “Third Party” refers to any API, Application, Module, Company or individual apart from the Merchant and the Company
- “Transaction” is payment received by the Merchant against Order placed by the Customer.
- Any and all use of this service is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms") and no signature or express act is required to make the Terms binding on the Merchant.
- It is mandatory for all Merchants of the WL-Cart to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the WL-Cart.
- The Services are available only to businesses which can form legally binding contracts under the Indian laws. The Merchant shall need to register with WL-Cart and only after providing valid information a Merchant account shall be created for access and use of the Services.
- The Merchant expressly agrees and acknowledges that these Terms are co-terminus with the Terms of Agreement of WeblinkIndia.Net. Save and except as specifically stated herein above all other terms, conditions and covenants contained in the Terms of Agreement together with its successive Addendums, if any, shall remain unchanged and shall be fully applicable, enforceable and binding on the Parties.
- This Agreement will bind the successors and permitted assigns of the Merchant and the Merchant will obtain prior consent from WL-Cart before any assignment of this Agreement.
- The expiry/termination of the Agreement will lead to the termination of the other except for the clauses that govern copyright, protection, privacy etc.
- The Merchant is completely aware and agrees that the Company reserves all the right to provide the Services to all and any other such institution without any difference in deliverables.
- Any previous agreements between the Merchant and the Company shall not be applicable if in conflict with this agreement. In case the Company chooses to not enforce any provision at any time, it doesn’t mean that Company has given up the right to enforce the same at a later stage and such failure cannot be deemed as a reason for any waiver.
- The Merchant agrees to accept communications (through Calls/Chat/ Mails/SMS/Whatsapp) on the numbers made available during registration or subsequently, via registration forms, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include business numbers / your number / an assigned point of contact; with respect to the subscribed Services.
- The Merchant assures and guarantees WL-Cart that the Merchant complies with all government laws, rules, and regulations applicable to its business and supports the eradication of corruption. The User is committed and complies with Anti-Bribery/Anti-Corruption, and Anti-money laundering related laws, regulations, sanctions and guidelines including but not limited to the minimum requirements of Anti-Financial Crimes Laws. The User agrees to not deal with any acts that may be deemed as money-laundering and not enter into agreements with any person listed in sanctions list of state authorities or organizations. The Merchant also should be compliant with and have necessary provisions to detect violations of all applicable Anti-Financial Crimes Law.
- The Merchant hereby expressly agrees not to directly or indirectly deal in such product(s) or service(s) in restricted categories as per the laws and regulations of Indian Government and in line with the International laws at any time during the subsistence of this Agreement.
Information Posted by Merchants
- No sales agency relationship is created between any Merchant and WL-Cart, our affiliates, directors, officers or employees by virtue of WL-Cart displaying of any of the Merchant's information on the Site. All the information posted by the Merchant is solely the responsibility of the Merchant and the Merchant agrees to indemnify and save WL-Cart, its affiliates, directors, officers and employees harmless from any liability arising due to this information.
- Each Merchant(s) hereby represents, warrants and agrees to (a) provide WL-Cart with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Merchant hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to WL-Cart to display and use all the information provided by such Merchant in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the Merchant has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to Merchant's website / brochures / catalogs / printed material etc.
- Each Merchant hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to WL-Cart or authorizes WL-Cart to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."
- Each Merchant hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to WL-Cart or authorizes WL-Cart to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each Merchant hereby represents warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
- Each Merchant hereby represents, warrants and agrees that information submitted to WL-Cart for display on the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Merchants of the Site or for any other unlawful purpose; relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any Merchants in connection with a commercial activity that competes with WL-Cart; contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for WL-Cart or its affiliates.
- WL-Cart reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject WL-Cart to liability, violates this Agreement or is otherwise found inappropriate in WL-Cart's opinion. WL-Cart reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, WL-Cart may disclose the Merchant's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and WL-Cart shall not be liable for damages or results thereof and Merchant agrees not to bring any action or claim against WL-Cart for such disclosure. In connection with any of the foregoing, WL-Cart may suspend or terminate the Account of any Merchant as WL-Cart deems appropriate in its sole discretion. Merchant agrees that WL-Cart shall have no liability to Merchant, including no liability for consequential or any other damages, in the event WL-Cart takes any of the actions mentioned in this Section, and that Merchant agrees to bear the risk that WL-Cart may take such actions.
- Each Merchant hereby agrees that the information posted by them on the Site will result in business enquiries through phone calls, emails, SMS etc. from various buyers and sellers that may or may not be suitable to their business interests. WL-Cart does not exercise any control over its Merchants for sending business enquiries to the Registered members and will not be involved in any scrutiny of the same.
- WL-Cart doesn’t allow registration/transactions by any member/Merchant that has direct or indirect involvement to any sanctioned countries / territories (Cuba, Iran, Syria, North Korea / Democratic People’s Republic of Korea, Crimea and Sevastopol / Crimean Autonomous Republic) as per sanctions laws imposed by UN, US, UK, EU or any other Government and/or Regulatory authorities.
Transactions between Buyers and Suppliers
- Through the Site, WL-Cart provides an electronic web-based platform for exchanging information between Merchant and Customer of products and services.
- WL-Cart does not represent the Merchant or the Customer in specific transactions and does not charge any commissions from completing any transactions.
- The Merchant agrees to ensure all necessary compliance and documentation required to manage the Payment Gateway to facilitate Orders / Transactions.
- The Site is a merely a platform and has no part in the transactions. The sole liability and responsibility for the quality, safety, lawfulness or availability of the products or services offered for sale on the Merchant Store shall lie solely with the Merchant.
- Merchants are hereby made aware that there may be risks of dealing with people acting under false pretenses. WL-Cart encourages you to use all necessary tools, as well as common sense, to evaluate with whom you are dealing.
- Each Merchant acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents.
- Each Merchant agrees that WL-Cart shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- Merchants are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- In the event that any Merchant has a dispute with any Customer, such Merchant agrees to release and indemnify WL-Cart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. WL-Cart shall not entertain any such dispute and cannot be held liable for the same, in any circumstances, whatsoever.
- The Merchant agrees to be solely responsible for delivery of the order and WL-Cart shall not be liable for losses of any nature ensuing due to any business deal made by the Merchant with the Customer using WL-Cart services.
- The Merchant expressly agrees and consents to be solely liable and accountable for all activities that take place through Merchant Store. WL-Cart shall in no manner be held liable for any unauthorised Transaction, refund requests, Dispute requests due to unauthorised access including but not limited to hacking and security breaches.
WL-Cart is a service-provider offering free and paid services. These services are activated on the Site as membership plans, banners, website creation etc. and none of this is a product that requires any shipping charges. However, for the transactions between the Merchant and the Customer, the same shall be defined by the Merchant and shared with the Customer on the Merchant Store. The Merchant agrees that all transactions shall adhere to the formulated terms.
- The Free Services can only be availed by Merchants who remain active users of WL-Cart. In case of irregular use with periods of inactivity , WL-Cart reserves the right to terminate the services.
- Paid services if availed, shall be continued for the period for which the activation charges have been submitted, however the activation may need information/approval provided by the Merchant and may take some time however no relaxation will be provided/allowed for the said period.
- WL-Cart shall only be responsible for Payment Gateway Integration while the Merchant shall be solely responsible for getting the Payment Gateway by duly fulfilling the necessary criteria and submission of requisite documents to the Payment Gateway Service Provider for e.g. Razorpay which is a popular choice for Payment Gateway Services. The Merchant agrees that all transaction charges/dispute fee/other fee or charges related to Payment Gateway shall be borne solely by the Merchant.
- Members be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and WL-Cart or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The members are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.
- Membership charges are subject to revision and are at the discretion of the WL-Cart.
- The Service Delivery policy shall be defined by the Merchant for the Merchant Store.
Transactions & Chargebacks:
The Merchant hereby agrees and undertakes that the Merchant shall honor all Transactions and be solely responsible / liable for any chargeback or charges which prove to be uncollectible and further agrees, confirms, undertakes and guarantees to make payment(s) towards such chargeback or such uncollectible charges, as the case may be without any demur, protest, dispute or delay.
In case any dispute is raised by the Customer directly or through Third Party (Payment Gateway or Issuer Bank), the Merchant shall have the sole responsibility in resolving the matter and agrees that WL-Cart has no role in the same. However, in case any financial institution by any medium approaches WL-Cart for any type of disputes whether related to services/payment disputes/frauds etc and asks us for further inquiry then we may shut down the specified Merchant Store until the Merchant has clarified and resolved the said dispute.
The Merchant acknowledges and agrees that WL-Cart owns or has the right to use all the intellectual property incorporated in the Site. The Merchant nor any of Customers have any rights to, or in, patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the software or in relation to the Services. The Merchant shall not copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute, all or any portion of the software in any form or media, or by any means, attempt to reverse compile, disassemble, reverse engineer or otherwise, reduce to human-perceivable form, all or any part of the Site. The User shall not access any part of the Site, in order to build a product or service which competes with the software or the businesses of WL-Cart.
The Merchant hereby shall, defend, indemnify and hold harmless WL-Cart, against all actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising out of:
- any claims or proceedings brought by the Customer or any other person against WL-Cart, in respect of any products/services offered by the Merchant;
- any gross negligent act of the Merchant’s agents, employees, licensees or the Customer;
- any fines, penalties or interest imposed directly or indirectly on WL-Cart on account of the Merchant’s products/services or Transactions conducted by the Merchant; and
- breach of any of the terms and conditions of this Agreement and also for any misrepresentation, fraud or gross negligent act of its respective agents, employees, licensees or the Customer.
This Services may be terminated by the Merchant and/or WL-Cart without being required to assign or give any reasons by giving thirty days (30) days prior notice in writing to the other. However, WL-Cart reserves the right to terminate the provision of Services forthwith, if the User fails to perform its obligations, in case of fraud, or if, the Merchant has violated any of the terms of this Agreement.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to WL-Cart would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
This Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at Delhi.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use WL-Cart is governed by the laws of India and the Merchant and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Merchant of the WL-Cart, contains the entire agreement between you and WL-Cart regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.