Thecommercecafe(Herein after referred to as the "Site" or "thecommercecafe") provides its customers an online store by use of its on-demand hosted (web based) e-commerce software. We take your privacy seriously and it is for the same reason we have developed this Privacy Policy. This Privacy Policy governs Thecommercecafe and specifies the manner in which the company handles your personal information. The company assures you that it will maintain and use the information provided by you responsibly. Please familiarize yourself with our privacy practices.

This Privacy Policy is effective upon acceptance for new users as amended from time to time. While using the facilities or services provided by thecommercecafe, or through any other website connected/ linked through this website by thecommercecafe, You shall be bound by this Privacy Policy.

For purposes of this Privacy Policy, the term "You" or "Your" shall refer to the "User (Store Owner)" or the "End User (Customer of the Store)" and the term "We" or "Our" shall refer to "thecommercecafe". If you are using the Site or Services on behalf of your company (or another entity), then "You" means your company (or such other entity), its officers, members, agents, successors and assigns.

About the Company

Thecommercecafe is owned and managed by Trinity Technologies and Software Solutions Pvt Ltd a company incorporated in Hubli (Karnataka, India). This Privacy Policy describes how we handle your personal information on the website and other storage devices and platforms related to the website. This Privacy Policy is applicable to you:

  • When you accept the Merchant User Agreement and the Terms of Service during the process for registering an account with thecommercecafe. or
  • When you use the Site, or
  • When you visit the Site, or
  • When you grant hyperlink to this website, or
  • When you have access to this Site, or
  • When access is facilitated for you to this website,
  • You expressly consent to our collection, storage, use and disclosure of your personal identification information as described in this Privacy Policy.

General Statements

We will not use your personal data or information which you have provided or we have collected for:

  • Marketing other products and services than the ones which we intend to provide through thecommercecafe website or affiliate website, or
  • Any third party products and services without having given you the opportunity to opt out of such marketing opportunities.
  • We are committed to protecting your right to privacy. We collect information about our users in order to help us continually improve our services.
  • We also use the information you provide us to grade your ratings, feedback on your activity, past history, credentials, etc.
  • We have the right to verify the Information provided by you in reasonable circumstances as required.
  • We prefer to keep your personal information accurate and up to date. For this, we provide you with the opportunity to update or modify your personal information by logging into your account.

To whom does the Policy Apply?

  • This Policy applies to the store owners, the buyers and other third parties who visit the site or link to our site.
  • This Policy restricts the use of this website by minors and those who do not have capacity to enter into a valid commercial contract.
  • Our services are not available to children and any person under the age of 18 should not submit any personal information to us.
  • If you are less than 18 years and you wish to contract, you are required to contract through your parents or legal guardian.

Relation with third parties

  • Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you.
  • We do not disclose the information given to us by you (store owners or the buyers as the case may be) unless we have obtained consent from you.
  • Once consent is communicated we may combine your information with the information on other users and use it to improve and personalize our services, content and advertising.
  • We may use your personal information to pass on information in accordance with your interests and preferences. On receiving the first communication of this nature, you will be given the opportunity to opt-out of future communications of similar nature by clicking on unsubscribe link or by following unsubscribe instructions described within the communication. If you do not want to receive email or other communications from us, you can also contact us at unsubscribe@thecommercecafe.com
  • If you do not wish to receive marketing communications from or participate in our ad-customization programs, please communicate your intention to unsubscribe thecommercecafe.com
  • However, as part of your registration for the Services, you may receive certain communications from thecommercecafe, such as administrative announcements and customer service messages regarding the Services, and you cannot opt out of receiving such communications. If you disclose your information to others, whether they are buyers or other store owners on our site(s) or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them.Thecommercecafe does not control the privacy policies of third parties, and you will be subject to the privacy policies of such third parties where applicable.
  • We advise you to be diligent before you disclose any of your personal information to others. Thecommercecafe does not want to act as a medium to facilitate the transfer of personal information, and thus you are strongly discouraged from providing your personal information to the third parties through thecommercecafe website.

Kind of information we collect

  • Users of our website are devoid of any obligation to provide any information other than the one's required to be conveyed at various stages inclusive of the time of registration of an account with our website.
  • After the required information is conveyed to us the user is no longer unidentified to thecommercecafe. If, thereafter, you choose to provide us with personal information, your consent to transfer and store the information on our server is implied.

We may collect and store information and it includes the following:

Personal Information that you provide to us or disclose in connection with the site or services includes the following:

  • Your name, address, e - mail address, telephone number and any other physical contact information,
  • Your credit card information,
  • Communications and other messages of correspondence between thecommercecafe and you. Transactional information based on your activities on the sites (such as selling, item and content you generate or that relates to your account);
  • Feedback, correspondence through our sites, and correspondence sent to us;
  • Other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address, geographical location, browser type, referral source, length of visit and the number of pages viewed (web log information);
  • Any other additional information we may ask you to submit to authenticate yourself or if we believe you are violating site policies including information about your ID or bill to verify your address, or to answer additional questions online to help verify your identity; If the information provided by you cannot be verified, we may ask you to send us additional information, such as your driver's licence, credit card statement, or passport number or other information confirming your address or to answer additional questions online to help verify your information).

Usage of collected information

  • We use the information to help you understand more about how our website is used, to improve our site, and to send you information about us and our services which we think may be of interest to you, both electronically and otherwise.
  • In order to achieve these we use your information to: Perform website administration;
  • Improve your browsing experience by personalising the website;
  • Enable your use of the services available on the website;
  • Send you general (non-marketing) commercial communications;
  • Send statements and invoices to you, and collect payments from you ;
  • Send you email notifications which you have specifically requested;
  • Deliver our newsletter and other communications relating to our business or businesses of third parties which may be of interest to you, based on the consent which you have given through e-mail or other source.
  • Provide third parties with statistical information about our users, but this information will not be used to identify any individual user;
  • Deal with enquiries and complaints made by or about you relating to the website; and
  • Where you submit personal information for publication on our website, we will verify that you are a subscriber and we will publish and deliver the publication to you and also use that information in accordance with the licence you grant to us.
  • We or our partners and affiliates will send you direct emails relating to information about our services unless there is a contrary intent from your side towards such receipt.
  • As a result of the whole process of buying and selling on the Site, you will obtain the email address and/or shipping address of your customers. By entering into our Merchant User Agreement, you agree that, with respect to other users' personal information that you obtain through thecommercecafe or through thecommercecafe related communication or thecommercecafe facilitated transaction, thecommercecafe hereby grants to you a licence to use such information only for thecommercecafe related communications that are not unsolicited commercial messages.
  • In addition you are not licenced to add the name of your customer, to your mail list (email or physical mail) without their express consent regarding the same.

Information regarding stores

The Stores accessed through the Site are independently owned & operated by third parties. We do not own or operate any Stores. Thus, if you link to, browse or transact business with any Stores, we are not responsible for the privacy practices or the content of such Stores, including, without limitation, such Store's use of any of your Personal Information. If you visit any Stores, we encourage you to review and become familiar with the Store's privacy policy and any terms of use.

We will not without your express consent provide your personal information to any of the third parties for the purpose of direct marketing.

For advertisement - For the purpose of marketing and promoting our services we gather information of all user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties, while doing so we do not disclose to these entities any information that could be used to identify you personally, especially your name, email address, password, credit card number, and bank account number are never disclosed to third party advertisers.

Matters relating to our Website -This website does not protect you against the identification information which you yourself would have provided by associating your name with your User ID We would also keep you informed of any suspicious activity or policy violations on the Site once they come to our notice.

External Service Providers - We do not disclose your personal information to external service providers unless you provide your explicit consent. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

Internal Service Providers (ISP) - Unless you have explicitly agreed or given your prior permission to the ISP for additional use we may use third parties that we refer to as internal service providers to facilitate or outsource one or more elements of our services e.g., surveys and therefore we may provide some of your personally identifiable information directly to them subject to confidentiality agreements with us and other legal restrictions that prohibit the use of the your information we provide them. At instances where we require a survey to be undertaken and have authorized an ISP to do the same, you will be notified of the involvement of the ISP, and all information disclosures you make will be strictly optional. If you provide additional information to an ISP directly, then their use of your information is governed by their applicable privacy policy as has been mentioned above earlier.

Change in Corporate Entities - You agree that we may share personally identifiable information about you with our parent, affiliates, subsidiaries and joint ventures that are committed to serving your online trading needs and related services, throughout the world. The privacy practices followed by us are governed by this Privacy Policy document and we and our parent, affiliates, subsidiaries and joint ventures use these policies to the extent allowed by applicable law. In the event of merger of all the entities with another separate entity or in the event of acquisition of this company by another company you should expect and agree that thecommercecafe may share some or all of your information in order to continue to provide you the user services. You will be served a notice of such event (to the extent it occurs) and we will require that the new combined entity follow the practices disclosed in this Privacy Policy.

Legal Compliance - We shall disclose your information where necessary to cooperate with law enforcement inquiries, in order to investigate, prevent, or take action regarding illegal activities, violations of our terms of service as well as to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud., or as otherwise required by law or if there is a valid court order in this regard. We will, in furtherance of such needs adhere to the requests made, in relation to criminal investigation or alleged illegal activity, or other activity that may expose us or you to legal liability, (and you authorize us to) disclose personal information such as name, address, telephone number, email address, User ID history, about you as we, in our sole discretion, believe necessary or appropriate.

Other Circumstances - Such information would be also disclosed to enforce or apply the terms of this agreement when It is understood that You have expressly violated the Terms stipulated under this agreement , or To protect the rights, property, or safety of thecommercecafe, our users, or others, whether during or after the term of your use of the Service.

This Privacy Policy relates only to our use of the information you provide us and your use of thecommercecafe website and does not extend to your use of the Internet other than the website of thecommercecafe.

Security Measures

  • The website confers on its users an inbuilt risk of disclosure at their own cost.
  • The website does not provide an absolute guarantee against any or all technological malice's the personally identifiable information of a person would be subject to.
  • We undertake to take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
  • Various risk factors involved relate to, the disclosure of your personal identification information to third parties who may unlawfully intercept or access transmissions or private communications, or even be lead from the act of abuse or misuse of your information by the third parties of the information that they collect from the Site.

Use of Cookies

Cookies - These are objects placed in a computer which enables the web server to identify and track the web browser. A cookie consists of information sent by a web server to a web browser, and is stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. We use cookies in the website and there shall be provision in your computer itself to disable cookies.

Disabling or enabling cookies - Though cookies and other aids are created to provide better access to the internet including this Site you have the ability to accept or decline cookies by modifying the settings in your computer through your browser. However, it is brought to your notice that disabling of cookies does not guarantee easy access of this Site.

Use of web beacons - Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third-party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.

Use of Cookies

Log files allow us to record visitors' use of the site. We may analyze log file information (who has visited where in our website) from all our visitors.

We use this information to make changes to the layout of the website and to manage the information in it. Log files do not contain any personal information and they are not used to identify any individual patterns of use of the site.

Changes in Policy

We may need to amend the Privacy Policy from time to time. Any such amendment will take effect as soon as it is posted on the website. Please let us know if the personal information which we hold about you needs to be corrected or updated and for that please keep yourself posted of our website on a day to day basis.

Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to support@thecommercecafe.com or by post to Trinity Technologies & Software Solutions Pvt Ltd, # 5, Aryabhatta Tech Park, Near KSLU, Sutagatti road, Navanagar Hubli - 580025.

Before using the services rendered by thecommercecafe through this website, you are requested to read and understand the Terms of Service specified herein. You accept and understand that thecommercecafe shall have the absolute right to amend these Terms at any point of time unilaterally with or without any notice. You are required to read and understand the existing Terms of Service every time before using the services offered by thecommercecafe.

Conditions of Services

The Terms specified herein restrict the use of this "Site" by minors and those who do not have capacity to enter into a valid commercial contract. If you are less than 18 years and you wish to contract you are required to contract through your parents or legal guardian. You are required to provide accurate and correct personal information while registering to use the services rendered by thecommercecafe and you agree to keep it up-to-date. We have the right to verify the Information provided by you in reasonable circumstances if required.

Incorporation of policies

Privacy Policy referred to in this agreement constitute an integral part of this agreement and is incorporated herein by this reference.

Governing Law & Jurisdiction

This agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The Courts in Hubli, Karnataka, India shall have jurisdiction to try and decide any matter arising out of and related to this agreement. The Parties unconditionally submit to the jurisdiction of Hubli, Karnataka, India, for settlement of any dispute or enforcement if any right under this agreement.

Reserved Rights

thecommercecafe reserves the following rights:

  • To suspend or terminate the account of anyone who violates this agreement.
  • To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
  • To update and download automatically any software provided on or through the Site.
  • To review, modify, filter, disable, delete and remove any and all content and information from the Site.
  • To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer's best interests.

Payment Plan

The Merchant User Agreement between thecommercecafe and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Payment Plan.

Marketing Communication

The Merchant User Agreement between thecommercecafe and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Marketing Communication.

Terms of user account

End Users

End Users while browsing through the site can view products and information, request information and engage in certain Services on the Site. Users agree to the following terms and conditions:

  • You expressly agree that any submissions by you will automatically be treated as non-confidential and non-proprietary and will become the sole property of thecommercecafe without any compensation or credit to you whatsoever.
  • thecommercecafe and its affiliates may use the ideas contained in such submissions or posts for any purpose in any medium which includes but is not limited to, developing, manufacturing and marketing products and services using such ideas.
  • You may not use thecommercecafe service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on "Prohibited Uses" of this agreement.

Users

The users who create a separate account at thecommercecafe with the sole purpose of operating and maintaining an online store are to enter into an separate "Merchant User Agreement" and the terms specified in the "Merchant User Agreement" applies to such account users. You are requested to refer to the "Merchant User Agreement" for more details in this regard.

Protection of Personal Information

All aspects related to the collection of personal information from you, at the time of registering with thecommercecafe, shall be according to the "Privacy Policy" of thecommercecafe which shall be read as a part of this agreement.Thecommercecafe respects your privacy and assures you that the information collected from you will be used only to provide you our services. Such personal information shall not be made available to any third party.

Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to):

Use the Service outside of the scope of the limited licence herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against thecommercecafe. Sublicence, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with thecommercecafe (or any of its affiliates or licensors). Reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service. This licence is granted solely to allow you to visit the Site and to use the Services as permitted by this agreement. Youagree not to remove, alter or obscure any proprietary notices provided in or with the Content.

Express written permission of thecommercecafe is required for you to do any of the following:

Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post the Content, the Site for commercial purposes, use of the brand name thecommercecafe.com alter, eliminate, remove, supplement, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part access or attempt to access the Site or collect or index information provided to thecommercecafe using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes. In addition to any remedies that thecommercecafe may have at law or in equity, if thecommercecafe reasonably determines that You have violated or are likely to violate the foregoing prohibitions, thecommercecafe may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site.

Prohibited Usage

The Site and the Services are to be used only for lawful purposes. The site must not be used to post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation.

Disclosure of information

The terms of "Privacy Policy" which deals with disclosure of information has been incorporated by reference to this agreement. You are requested to kindly refer to the "Privacy Policy" to understand the circumstances when thecommercecafe would disclose your personal information.Thecommercecafe assures you that we will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this agreement.Thecommercecafe will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, thecommercecafe will have no liability to you or any third party provided that such reasonable precautions are taken.

Administrative access

Thecommercecafe will have access to your accounts for administrative reasons.Thecommercecafe expressly states that you must not commit any illegal or prohibited acts as specified in Clause on "Prohibited Uses" of this agreement through Our Site. If you are found to be abusing our services for any illegal purposes, Thecommercecafe reserves the right to disconnect your account and ban you from further use of our services.

Store Themes

The "Merchant User Agreement" between thecommercecafe and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Themes.

Store Content

The Merchant User Agreement between thecommercecafe and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the Merchant User Agreement with regard to Store Content.

Term

This agreement is valid from the date you:

  • User (Store Owner) subscribes to this Site till the time when you decide to stop using the services offered by the Site.
  • End User (Customer of the Store) subscribes to any of the goods or services offered by the Users (Store Owners) through our site till the time you decide to stop using such services.
  • Cancellation, Suspension or Termination of Services

User's Account

The "Merchant User Agreement" between thecommercecafe and the Users (Store owners) which is incorporated by reference herein deals in this regard. The User is requested to refer to the "Merchant User Agreement" with regard to the manner in which the Users Account would be suspended, cancelled or terminated by thecommercecafe.

End Users Account

Thecommercecafe can suspend, cancel or terminate the account of the end user of any store:

Without limiting its other remedies, thecommercecafe may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this agreement and your access to the Store(s) if you fail to comply with any terms specified herein. Thecommercecafe may take such actions without providing you prior notice and at its sole discretion.

thecommercecafe reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to you upon receipt of any third party complaint that you have engaged in any activity that violates this agreement, which may otherwise subject thecommercecafe to liability for any reason, or that may cause thecommercecafe to incur legal fees or other expenses.

Upon termination, those provisions of this agreement that expressly or by their nature survive will continue in full force and effect.

Indemnification

You agree to indemnify and hold harmless thecommercecafe, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees), arising out of or related in any way to:

  • Your use of the Site and Services and Products offered by the Store Owner,
  • Your submission, posting, transmittal or any other use of any Information, Content and/or any other materials or content,
  • Your violation of this agreement,
  • Your violation of any law or regulation, or violation of any proprietary or privacy right,
  • Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or Any claim that Your information or submission of any other information or content by You caused damage to a third party.
  • This indemnification obligation will survive this agreement.

Your representations and warranties

By using the Site, the Services or the Content You represent and warrant that:

  • You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
  • You understand and agree that this agreement is a legally binding agreement and the equivalent of a signed, written contract;
  • You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this agreement;
  • You are authorized to sign for and bind the person or entity using the Site or the Services;
  • You will provide only true, accurate, complete and current information to thecommercecafe; and
  • You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from thecommercecafe or in any material that you post or submit on the Site for any purpose.

Assignment

You may not assign this agreement or any part of this agreement without the express written consent of thecommercecafe. Any purported or attempted assignment or other transfer or delegation in violation of this agreement shall be null and void. You agree that thecommercecafe may assign this agreement or any part of this agreement at any time and for any reason without your consent.

Modification

thecommercecafe has sole and complete authority to modify and amend the Terms of Service with or without any notice to you in this regard.

Partnering for Mutual success

For any business streams like, Payments, Logistics, Marketing, Design, thecommercecafe is unarguably a partner of choice for companies who envision making their mark in the retail and digital commerce industry.

By becoming thecommercecafe partner, the partner establishes a strategic relationship with Trinity Technologies and Software Solutions Pvt Ltd. Our objective is to offer immense benefits to our partners who have a keen interest to pursue a long-term committed journey with the Trinity family.

At thecommercecafe, we work hard, dream big, connect and strengthen the entire system. In this journey we empower every partner with opportunities to grow and succeed.

Services Partner

Role of a Services partner : Services Partners offer digital marketing strategy and implementation, catalog management, integration or digital commerce consulting to our customers.

Who Can Be Services Partners? :  Digital Marketing agencies, Technology services companies.

Developer Partner

Role of a developer Partner:  Our Developer partners leverage thecommercecafe API's to build applications, extensions and integrations including but not limited to areas such as marketing, social engagement, catalog, communication, analytics.

Who Can Be Developer Partners?  :  Technology services, Product / Application development companies or individual developers.

Reseller Partner

Role of a Reseller Partner: Reseller partners are our strategic sales partners who are ready to own end to end sales, build and manage digital commerce solution. Resellers get great discounts, technical support and resources to understand thecommercecafe platform.

Who Can Be Reseller Partners? : Developers, Web design companies, digital consultants.

Affiliate Partner

Role of an Affiliate Partner: Affiliate Partners act as our brand ambassadors by spreading the word about our digital commerce solution to retailers and brands. They can get generous commissions for every successful conversion.

Who Can Be Affiliate Partners? : Bloggers, website owners and someone who is connected to folks in the retailing world.

Welcome to thecommercecafe

Congratulations on your decision to use the services provided by thecommercecafe.com thecommercecafe shall assist you to set up an online store in minutes with its hosted shopping cart solution in an easy way without any hassles. We request you to please read this agreement before availing the Services of thecommercecafe.

This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "Licencee"), and Trinity Technologies & Software Solutions Pvt Ltd a company having its registered office at # 5, Aryabhatta Tech Park, Near KSLU, Sutagatti Road, Navanagar, Hubli – 580025 and its product is thecommercecafe. This agreement comes in to effect when you register for using thecommercecafe services or signing an application for utilizing services of thecommercecafe. By Registering or signing with thecommercecafe, 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 licencee and thecommercecafe. 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 thecommercecafe.

GENERAL

  • This agreement is governed and construed in accordance with the Laws of Union of India. Licence hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Hubli, Karnataka, India, in all disputes arising out of or relating to the use of the thecommercecafe's products/sites/services. Use of the thecommercecafe software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Licencee agree to indemnify and hold thecommercecafe, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of Licencee's use of or conduct on the thecommercecafe's products/sites/services. Licencee agree that thecommercecafe has absolute authority to modify or change the terms and conditions of the agreement without Licencee's consent and the modified terms and conditions can be kept in thecommercecafe website and no separate notice is required to be issued to Licencee.
  • Licencee shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Licencee's use of the Software, the Services, and Licencee's listing and sale of products and services on Licencee's Store.
  • Licencee and thecommercecafe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
  • Except for the payment of any fees due and payable under this agreement, neither party's delay in the performance of any duties or obligations under this agreement will be considered a breach of this agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party in the breach.
  • Except as explicitly stated otherwise, any notices licence shall be given by postal mail to Trinity Technologies & Software Solutions Pvt Ltd, # 5, Aryabhatta Tech Park, Near KSLU, Sutagatti Road, Navanagar Hubli - 580025 or thecommercecafe may issue the notice to the email address Licencee provide to us during the registration process (in Licencee's case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give Licencee notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  • If any dispute arises between Licencee and thecommercecafe during Licencee's use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by thecommercecafe. The place of arbitration shall be Hubli. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally. All other expenses of Lawyers’ fees and other expenses shall be borne by the respective parties.
  • Licencee acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
  • If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. thecommercecafe' failure to act with respect to a breach by licence or others does not waive thecommercecafe's right to act with respect to subsequent or similar breaches.
  • Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.

This agreement sets forth the entire understanding and agreement between Licencee and thecommercecafe with respect to the subject matter hereof.

Eligibility Criteria

The Software licence and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (Minor). If you are registering as a business entity, you represent that you have the eligibility to enter in to an agreement and the authority to bind the entity to this agreement. Thecommercecafe uses many techniques to verify the accuracy of the information you provide when you register on the thecommercecafe site. If for any reason, thecommercecafe, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licences under this agreement or to refuse to provide the Software licence and Services under this agreement to you.

CANCELLATION & REFUND POLICY (FEES & TAXES)

If cancellation of thecommercecafe Subscription is presented, no refund requests would be entertained as the website is given on a trial basis for first 15 days.

FULLFILLMENT OF SPECIFIC TAXES

For avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold thecommercecafe harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority (collectively, "Fulfillment Specific Taxes") to the extent such taxes or fees are: (a) assessed on thecommercecafe as a result of inventory, packaging, gift wrap and other materials (i) owned by You and/or (ii) sold to customers as contemplated \hereunder; and (b) Your primary legal obligation.

DEFINITIONS:

The following terms shall have the meanings defined below :

  • “thecommercecafe" or "thecommercecafe application" or "Software" means the software Platform ("Software") provided by thecommercecafe.
  • Agreement means the terms and conditions as detailed herein including all schedules, appendices, annexure, Privacy Policy, and will include the references to this agreement as amended, notated, supplemented, varied or replaced from time to time.
  • Services means the merchants services provided by thecommercecafe, including hosting of the online store, site design, email services, marketing services, payment collection and other related services as may be offered from time to time.
  • “thecommercecafe Licence" or "thecommercecafe Application Licence" has its meaning described in Section 2 of this agreement.
  • “Thecommercecafe site" or "thecommercecafe website" refers to the thecommercecafe product website - www.thecommercecafe.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 licenced, granted or assigned by thecommercecafe to, or otherwise vested in, Licence pursuant to the agreement.

TRADEMARK OWNERSHIP, THECOMMERCECAFE (SOFTWARE) AND THECOMMERCECAFE LICENCE

  • The Software and its structure, organization, and source code constitute valuable trade secrets of thecommercecafe. Accordingly, except as expressly allowed Licencee will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicence, lease, rent, loan, or otherwise transfer the Software to any third party.
  • The Software provided by thecommercecafe, and all intellectual property rights therein, are the exclusive property of thecommercecafe. Subject to the terms and conditions of this agreement, thecommercecafe grants to licencee a non-exclusive, non-transferable, revocable, limited licence to remotely access and use the Software on servers operated by or for thecommercecafe ("thecommercecafe servers") through the thecommercecafe Application solely for the purpose of building and maintaining an interactive store hosted by the thecommercecafe Servers on which licencee offer licencee's or a third party's products or services ("Licencee's Store").
  • ADDITIONAL SOFTWARE AND SERVICES: Certain additional features that thecommercecafe may make available to licencee 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, thecommercecafe may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). Such software and services are subject to additional payments as required and are subject to licencee's consent to such terms and conditions associated with the use of additional software and services.

FULFILLMENT OF THE ORDER

  • FULFILLMENT : During the Term, You will source, pick, pack and dispatch to the applicable addresses, Your Products sold in connection with a Transaction Charge through Your website.
  • PRODUCT FULFILLMENT: You will be solely responsible for the fulfillment of all the products that are uploaded and displayed on your website. Further, thecommercecafe will not be liable for any transaction entered or performed on your website.
  • REVERSE LOGISTICS: You will be solely responsible for accepting and processing returns of Your Products and will communicate to customers all necessary information for the return of Your Products which are sold through Your website.

DISCLAIMER OF WARRANTIES

Thecommercecafe, its suppliers and service providers, provide the software, additional software, and services, on an "as is" basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, no infringement; and warranties arising from a course of dealing, usage or trade practice are excluded. thecommercecafe, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Licencee acknowledges and agrees that this is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different.

TRANSACTION PROCESSING

  • COLLECTION OF PAYMENT: thecommercecafe will collect the payment through its designated payment gateway and shall remain the sole property of thecommercecafe only. On all the Payment Gateway aspects, the identity of thecommercecafe shall be mentioned.
  • thecommercecafe shall be responsible for all customer complaints in regards to payment gateway issues and system related errors. All costs and liabilities arising due to the same shall be solely borne by you. Thecommercecafe shall not be held liable at any point in time during the subsistence of this agreement.
  • CREDIT CARD FRAUD AND CHARGE-BACKS : thecommercecafe will put in the best efforts to minimize credit card fraud and charge-backs and thecommercecafe will be liable for any credit card fraud and charge back.

LIMITATION OF LIABILITY

  • In no event shall thecommercecafe, its suppliers, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence). Thecommercecafe', its suppliers', and service providers', cumulative liability, and the liability of their officers, directors, employees, contractors and agents to licencee or any third parties in any circumstances shall be limited to payment received by thecommercecafe for that particular service or month. There is no warranty in respect of the thecommercecafe, Software or Services.
  • thecommercecafe has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for their conduct and that thecommercecafe reserves the right to terminate licencee's rights to use the service immediately, notwithstanding penal provisions under the laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
  • In no event shall thecommercecafe shall be liable for any direct, indirect, disciplinary, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the thecommercecafe software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, or otherwise arising out of the use of the thecommercecafe software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if thecommercecafe or any of its suppliers has been advised of the possibility of damages. Thecommercecafe does not endorse in anyway any advertisers/ contents of advertisers on their web-pages. The clause shall survive the termination or expiry of this agreement.
  • The material and information provided by licencee ("content") under this agreement belongs to licencee who agrees to grant the rights to share / redistribute or otherwise use the content to thecommercecafe. Licencee being the owner of the content provided shall be responsible for any acts of violation of rights of another or intellectual property infringement by way of the content provided. Thecommercecafe makes no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, of the content provided in the content or the information on products, services (information) made available licencee. Thecommercecafe and their business partners would not be liable for any intellectual property infringement or violation of rights of another by use of such contents.

INDEMNITY

Licencee agree to indemnify and hold thecommercecafe, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of licencee's breach of the User Agreement or the documents it incorporates by reference, or Licencee's violation of any law or the rights of a third party.

BREACH

Without limiting other remedies, thecommercecafe may limit Licencee's activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licencee's account or Licencee's Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licencee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licencee or if thecommercecafe believes that Licencee's actions may cause financial loss or legal liability for Licencee, Licencee's Store customers, or thecommercecafe.

SUSPENSION AND TERMINATION

  • SUSPENSION : At the discretion of thecommercecafe and for any reason set forth in this section of this agreement, thecommercecafe may suspend Licencee's account by deactivating any access by Licencee or by Licencee's customers to any information contained on the thecommercecafe Servers related to Licencee's account while maintaining the information and data related to Licencee's account upon the thecommercecafe Servers. Suspension shall specifically include the disabling of Licencee's Store and/or any access to information or data related to Licencee's account. In the event of any such suspension Licencee will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under. Fees under this agreement will continue to accrue on suspended accounts as if they were not suspended. Licencee will remain responsible for the payment of any such fees during any such period of suspension.
  • TERMINATION : This agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this agreement. This agreement may be terminated either by thecommercecafe (a) as provided in this agreement, (b) after a period of suspension, or (c) upon thirty (30) days written notice. Licencee may terminate this agreement upon twenty-four hours’ notice by telephoning thecommercecafe' designated customer support center. Licencee's termination request may be recorded by thecommercecafe and will require Licencee's user name and password and verification code.
  • In the event of expiration or termination for any reason, the licences granted this agreement shall automatically and immediately cease and licencee shall destroy all copies of the Software in Licencee's possession, if any. Upon termination, there will be no refund provided to Licencee. Termination shall not affect the rights of thecommercecafe to recover from Licencee losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or expert witnesses' cost or other costs of any kind under this agreement.

REFUND POLICY : If cancellation of thecommercecafe subscription is presented, no refund requests would be entertained as the website is given on a trial basis for first 15 days.

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