Terms and Condition of Use
Acceptance
This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Elite m-Commerce. Elite m-Commerce (“EMC”) is the owner and operator of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. EMC may revise this Agreement at any time by updating this posting. Use of the Website / software after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Condition of use
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal and/ or commercial and are granted the right to download, store and print single copies of items comprising the Content for your personal and/ or commercial use, provided that you maintain all copyright and other notices contained in such Content. Please note that EMC is entitled to refuse to accept any Order and this will be notified via email.
Third party products and services/links
EMC may provide links on our Website to the websites of other companies. These links are provided solely as a convenience to you and not as an endorsement by EMC of such third-party websites. EMC is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website.
Refund Policy
EMC offers its customers a thirty (30) days money back guarantee for the first month period of the Monthly Subscription plan. If a customer is evaluating the app for first one month, then customer can make request for refund within that 30 days period.
EMC also offers refunds, if your eCommerce software and/ or its version is incompatible with EMC compatible versions.
We do not offer refunds for the following scenarios:
1. Any monthly subscription that are in-progress or completed except the first month subscription
2. First Month subscription refund requests will be processed if the refund requests are made before the expiry of the first month subscription (i.e. within 30 days from the subscribed date).
3. One-time purchase plan
4. The customization cost involved for the app customization or website customization (for both monthly subscription plans and One time purchase plans)
5. Add-ons purchased
6. If customer have any issues or bug in the extension or app and did not provide us the opportunity to resolve the issue or didn’t contact customer support before requesting money back.
7. If EMC fulfilled its services including product installation, customization & development of app software or extension software, which has met predefined and mutually agreed specifications.
8. If customer faces any issues in the app that was due to the changes made in the website or website functions or server which hosts the (Application Programming Interface) API functions that connects the mobile apps and website database. Please note that any function that are modified from its default eCommerce features in the website requires similar updates to the API functions that connects the Mobile apps and the website data in real-time.
Refund Procedure
1. When contacting support team, provide your purchase / order information for the product / service that you seek refunds.
2. Provide a valid email address for communications.
3. Allow 2-3 business days for the Customer Support Executive to respond. If the executive doesn’t respond within that time, please re-forward your request to support@elitemcommerce.com.
4. Before seeking the refund, the customer should have erased/removed the product from their domain and should confirm it with mail in attached document to us at: support@elitemcommerce.com.
5. All licenses to the software or service are null and void following a refund. Any continued use in part or full is considered infringement of copyrights, intellectual property rights & agreed terms and is liable for prosecution by eGrove Systems Corporation or its designated attorneys.
6. The Refund Process would take 5-7 working days.
Refusal of service and business relations
EMC reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment. EMC will terminate all support and business relations in instances of software piracy. This includes, but is not limited to “cracked”, “nulled”, or otherwise unlicensed versions of EMC scripts or plugins or extensions/ modules.
Intellectual property and content
All materials displayed or otherwise accessible through this Website (collectively, “Content”) are protected by copyright law, and are owned by EMC or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of EMC. You acknowledge and agree that EMC and/or our licensors own all intellectual property rights in the Website. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software. EMC confirm that we have all the rights in relation to the Website that are necessary to grant all the rights we purport to grant under, and in accordance with, the terms of this agreement. Any other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of EMC or third parties
Indemnification
In no event shall EMC or our subsidiaries, affiliates, officers, partners and employees or agents be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract, tort (including negligence), or otherwise. This includes reasonable attorneys’ fees, made by any third party due to or arising out of your use of the software, the violation of the terms of use by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The foregoing limitation shall apply even if EMC knew of or ought to have known of the possibility of such damages.
Non-disparagement
The Customer or Website visitor agrees that any issue with the products/ software or services offered through this site should be communicated to EMC for a possible solution. Customer or website visitor should not disparage or comment negatively about EMC, its officers and management, and/or current or former employees.
Disclaimer of warranties
The Website and the Content is provided “as is”. While EMC endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that
- The Website or Content will be accurate, complete, current, timely or suitable for any particular purpose
- That the operation of the Website will be uninterrupted or error-free,
- That defects or errors in the Website or the Content will be corrected,
- That the Website will be free from viruses or harmful components,
- That communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website at your own risk and liability,
- That things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers/ data providers. EMC will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under Contract that is caused by such events.
Security
Any information sent or received over the internet is generally not secure. EMC cannot guarantee security or confidentiality of any communication to or from the Website.
Governing law and jurisdiction
By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the State of New Jersey and the Laws of USA, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the State of New Jersey with respect to all matters relating to your access to and use of the Website.
Termination
EMC may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, including any trial plans, at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Website or the part of the website affected by such cancellation or termination. EMC shall not be liable to any party for such termination.
General
Except for any agreement in respect of Content, this is the entire agreement between you and EMC relating to your access and use of the Website and the Content herein. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future. EMC may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
Free Subscription
The site should have a minimum of 1000 valid visitors / month. The app delivery time cannot be committed. The app will have EMC logo and EMC Splash page.
Pay As You Go
For Pay-As-You-Go (PAYG) model, EMC will evaluate the businesses. EMC reserves the right to refuse service or product to any customers and its sole discretion. The monthly online or website revenue for the business must be more than USD 5,000. The total unique number of online or website customers for the business must be 200 or above. The business must be in the market for at least six months as on date of request made for PAYG. The business must be willing to a binding contract with EMC for a minimum period of one year for this PAYG subscription model. The number of inventory for the business must be at least 100 products. The eCommerce website for the business must be built using either Magento or Prestashop software. The following are the businesses that EMC will not provide services and this list will be updated as and when require,
a. Securities brokers
b. Real estate opportunities
c. Lending instruments
d. Sale of tobacco
e. E-cigarettes
f. E-liquid
g. Online pharmacies
h. Age restricted goods or services
i. Weapons and munitions
j. Gunpowder and other explosives
k. Fireworks and related goods
l. Toxic, flammable, and radioactive materials
m. Lotteries
This conditions can be changed at any time.
If you have any questions about this terms and conditions of use you can contact us at:
info@elitemcommerce.com