Please read these Terms and Conditions (“Terms”) carefully before using Boomimart Commerce, a SAAS product (“the Service”) provided by Boomimart Commerce (“the Company”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.
1.Use of the Service
1.1 Eligibility: You must be at least 18 years old and have the legal authority to enter into these Terms to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
1.2 User Account: You may need to create a user account to access and use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account.
1.3 Acceptable Use: You agree to use the Service in compliance with these Terms, applicable laws, and any additional guidelines or policies provided by the Company. You shall not engage in any activity that disrupts, interferes with, or harms the Service, its users, or any third parties.
2.Intellectual Property
2.1 Ownership: The Service and all related intellectual property rights are owned by the Company. You acknowledge that you have no ownership or intellectual property rights in the Service except for the limited license granted to you under these Terms.
2.2 License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
2.3 Restrictions: You shall not, directly or indirectly, modify, reproduce, distribute, create derivative works of, reverse engineer, decompile, or disassemble the Service, except as expressly permitted by applicable law.
3.Payments and Subscriptions
3.1 Fees: The use of certain features or functionalities of the Service may require payment of fees. You agree to pay all applicable fees in accordance with the pricing and payment terms provided by the Company. Failure to pay fees may result in the suspension or termination of your access to the Service.
3.2 Subscription: If you subscribe to a recurring payment plan, you authorize the Company to charge your designated payment method automatically on a recurring basis until you cancel your subscription. You are responsible for canceling your subscription before the next billing cycle to avoid further charges.
4.Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. The Company disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
5.Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with the use or inability to use the Service.
6.Indemnification
You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, agents, and suppliers harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of another party.
7.Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Pondicherry Court, India. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of authenticated arbitration company. The arbitration shall take place in Pondicherry. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorneys’ fees and costs.
8.Amendments and Severability
The Company reserves the right to modify or update these Terms at any time, without prior notice. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9.Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Service and supersede any prior or contemporaneous agreements, communications, or representations, whether oral or written.
10.Contact Information
If you have any questions or concerns about these Terms, please contact us.
By using Boomimart Commerce, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.