By using the services of this mobile application NAMASTE BUSINESS (“the App”) and/or website Namaste.business, which includes various products and services (“Services”) to help you create and manage an online store or any of the services of MAHAMELA TECHNOLOGIES PRIVATE LIMITED (“the Company, "we"), you (“the Customer”) are agreeing to be bound by the following terms and conditions (“Terms of Use”), along with any other terms and policies that the Company may publish from time to time in relation to the Services. The Company may add new features or tools to the current Service from time to time, without notice to you, which shall also be subject to these Terms of Use. The Customer can review the current version of the Terms of Use at any time. The Company reserves the right to update and change the Terms of Use for the Services by posting updates and changes to the App and/or website. The revised version will be effective from the time the Company posts it. The Customer is advised to check the Terms of Use from time to time for any updates or changes that may impact you.
You agree that you have read and understood and have the capacity and authority to accept, agree to and be bound by these Terms of Use.
By using the Services, you accept these Terms of Use which operate as a final and binding legal contract.
This legal contract comes into effect when you start using the Services. By using the Services, you signify your absolute and unconditional consent to all the provisions of the Terms of Use in their entirety.
The Company reserves the right, in its absolute discretion to withdraw or to modify these Terms of Use and the manner of its applicability to you.
1. In order to access and use the Services, you must have registered a Namaste Account.
2. For registering, you will provide true, accurate and complete information requested in the registration form, and keep your information updated from time to time which will be verified by the Company in its sole discretion.
3. The Services are available only to persons who are capable of contracting under applicable law. The Services provide a collection of tools and resources to create and manage an online store, an online app, process orders and sell products online.
4. You are responsible for maintaining the security of your account, passwords, and files, and for usage of your account and of the Services in your name. The Company reserves the right to refuse registration of, or cancel an existing Account in its sole discretion.
5. You acknowledge that the Company will use the phone number you provide as the primary method for communication.
6. You are responsible for keeping your credentials secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
7. You are responsible for all activity and content You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Namaste Account. You must not transmit any worms or viruses or any code of a destructive or malicious nature to the Company or to the other users of the Online Services or the App.
8. A breach or violation of any term in the Terms of Use as determined in the sole discretion of the Company will result in an immediate termination of your services.
1. The person accessing the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use You might be asked to provide documents proving your authority to set up an account such as letter of authority, board resolution or any other document that the Company may determine at its sole discretion.
3. Upon completion of the sign up for the service and depending on your location, the Company may provide you the option of enabling services from our partners such as logistics, delivery channels, payment gateway etc.
4. You acknowledge, that as the Account Owner, you may be required to activate, maintain or deactivate your account with above service providers in clause 2.3 directly where required.
5. You will be provided with the option of choosing your App online store and/or website name subject to its availability. If the App and/or website name preferred by the Customer has already been allotted to other Apps, you will need to enter a different domain name and check for its availability. It is the Customer’s responsibility to ensure that the App and/or website name is entered correctly before saving. The App and/or website name may be revoked at any time by the Company without providing any reasons. You are the sole responsible for the App and / or website name. It shall not signal any unlawful, illegal or unethical activity.
6. If you fail to pay the expected subscription fee as described in Part 9, the Company reserves the right to revoke the App and/or website name and block the content previously uploaded until normalisation. All the materials, including but not limited to the App name, website name, products or videos, as well as any other data generated may be lost. The Company is not responsible for any loss generated.
7. Store Owner. Subject to section 8 below, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Services. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service. Your Namaste account can only be associated with one Store Owner. A Store Owner may have multiple Namaste Accounts.
8. Staff Accounts. Based on your Namaste account pricing plan and depending on availability, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
9. The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
10. The Store Owner and the users under Staff Accounts are each referred to as a “Namaste Account users”.
1. These Terms of Use shall be governed by and interpreted in accordance with the laws of India applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Bangalore with respect to any dispute or claim arising out of or in connection with the Terms of Use.
2. You acknowledge and agree that the Company may amend these Terms of Use and any operating rules or policies that Company may publish from time to time (collectively, the " Agreement") at any time without notice to the Customer. It is the Customer’s responsibility to periodically check these Terms of Use.
3. Such changes or modifications are effective immediately upon the earliest of (a) the Company’s email, app and / or website notifications to you advising you of such changes or modifications, (b) your electronic acceptance of these Terms of Use after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms of Use, or(c) your continued use of the Services after the Company posts the updated Terms of Use to the App/Website. In addition, when using particular Services, the Customer will be subject to guidelines or rules applicable to such Services that may be posted from time to time. If you do not agree to any changes to the Terms of Use, do not continue to use the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by the Company.
4. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction, the laws applicable to you in your customers’ jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Services.
5. For every email message sent by the Company in connection with the Services, the Customer acknowledges and agrees that the recipient has agreed to receive such communication and that the Customer will not engage in the act of sending unsolicited emails to any other person through the Services or in relation to the Services.
6. In using the varied features of the Services, the Customer may provide information (such as name, contact information, or other registration information) to the Company. The Company may use this information and any technical information about the Customer's use of the App and/or website to tailor its presentations to the Customer, facilitate the Customer's movement through the App and/or website, communicate separately with the Customer or for the Company’s own analytics. The Company will not provide information to companies if the Customer has not given consent, and Company will not authorize the companies that get such information to sell and redistribute it without the Customer’s prior consent.
7. The Customer acknowledges and agrees that: (a) The Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, " Proprietary Information") are owned by the Company and/or its third party sponsors, partners, and other co-branders (collectively, " Content Providers"), (b) the Proprietary Information contains valuable copyrighted material and is protected by Indian, U.S. and other international intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to the Customer pursuant to these Terms of Use, and (d) the Customer has no rights in the Proprietary Information, other than the rights and licenses granted to the Customer herein
8. NAMASTE BUSINESS Trademarks. "NAMASTE", "NAMASTE BUSINESS" and our logos (both words and design) either are trademarks, service marks, or registered trademarks of Company or its Content Providers, and may not be copied, imitated or used, in whole or in part without the Company’s prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of NAMASTE, NAMASTE BUSINESS and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by the Company are the property of their respective owners.
9. Reservation of Rights. Except for the rights expressly granted to the Customer pursuant to these Services, the Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by the Company in these Terms of Use are hereby reserved by the Company. There are no implied rights.
10. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use "NAMASTE BUSINESS" or the Company’s other trademarks and/or variations and misspellings thereof
11. Questions about the Terms of Use should be sent to contact@namaste.business
12. You will be solely responsible for the content/data retrieved, stored or transmitted through the Service. You are advised to back up all important files on your personal computers, laptops, devices or other systems. We will not be responsible for any file or data corruption, loss or deletion of content/data which you retrieve, store or transmit through the Services.
13. You understand that your Store Content (not including net banking, UPI, credit card or Debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Net Banking, Credit Card and Debit Card information is always encrypted during transfer over networks
14. You acknowledge and agree that your use of the Service, including information transmitted to or stored by the Company, is governed by its privacy policy available on the App and/or website.
15. You will be required to create and communicate your own set of terms & conditions, privacy policy, and other terms to your buyers. The Company will provide you with the ability to define your own terms & conditions, privacy policy, and other terms (Collectively “End User Agreements”) where possible. The Company may also provide you with a templated set of End User Agreements for added convenience. You are solely responsible for these End User Agreements adequately meeting your requirements and those of your buyers. You will be provided with the ability to add your own unique agreements and clauses as you deem necessary. The Company will not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with these End User Agreements. You agree to indemnify and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers (as applicable) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising due to the use of these End User Agreements.
16. You are responsible for all applicable taxes/levies/cess and other statutory payments that arise from your use of the Services.
17. The App and/or website has been created primarily for use within the India. If you are using this solution outside of India, it is your responsibility to adhere to applicable laws in your jurisdiction, as well as the laws applicable to you in your customer’s jurisdiction.
18. You are solely responsible in ensuring that your clients receive products and/or services exactly as per the specifications provided on your online store. Any mismatches between product/services expected vs actually provided are to be corrected by you on an immediate basis as per terms and conditions mutually agreed between you and your clients.
19. The Services enable you to be connected with a number of third parties, including but not limited to payment gateways, delivery third parties etc. You are using the third parties at your own risks and under the third parties Terms & Conditions and Private Policies. The Company shall not be held accountable for any failure, damage or loss incurred from the third parties' services or policies.
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Store Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any the Customer, its employee, its member, or its officer will result in immediate Account termination.
5. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that the Company employees and contractors may also be customers/merchants/users of the Services and that they may compete with you, although they may not use your confidential information in doing so.
7. The Company retains the right to determine, in its sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, the Company reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
8. The Company reserves the right, in its absolute discretion to withdraw or to modify these Terms of Use at any time without prior notice and with no liability.
1. Name and Trademarks: Provided that the below points are respected (Part 5; 2.1, 2.2, 2.3, 2.4), the Customer hereby grants the Company a non-exclusive right and license to use the Customer’s name and such of the Customer’s trade names, trademarks, service marks and logos ("Customer’s Marks") as are used by the Customer on the Customer’s hosted sites in connection with this Agreement, and images and publicly-facing information about the Customer on the Customer’s hosted sites including, but not limited to, screenshots of the Customer’s hosted sites and associated photographs appearing on the Customer’s hosted sites ("Customer Public Information and Images"): (a) on the Company's own websites describing and promoting the Company's Services, (b) in printed and online advertising, publicity, directories, newsletters and updates describing and promoting the Company's Services, and (c) in applications reasonably necessary and ancillary to the foregoing. The Customer (i) represents and warrants to the Company that the Customer has all necessary rights to grant the Company the foregoing rights, and (ii) agrees that neither the Customer nor anyone else will be entitled to any compensation for the Company's exercise of the foregoing rights.
2.1 The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the Customer. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
2.2 Logo: the Customer has an option to upload his/her own logo. It is the Customer's responsibility to make sure that the logo uploaded is not violating any trademark or copyright. The Customer shall have full ownership of the uploaded logo.
The Customer shall be entirely and legally liable in case of copyright violation.
2.3 Name and Slogan: the Customer choses a name for the shop. That name will be reflected as the Shop's name and the generated mobile application and/or website name. It is the Customer's responsibility to make sure that the name is not violating any trademark or copyright. The Customer has an option to add a slogan. The slogan shall not violate any trademark or copyright.
The Customer shall be entirely and legally liable in case of copyright violation.
2.4 Product pictures: While uploading a product, the Customer has the option to add a picture for the said product. The picture shall not violate any trademark or copyright.
The Customer shall be entirely and legally liable in case of copyright violation.
3. Customer Voluntary Suggestions: Some of the features of this website or the Services found at this website may allow the Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice ("Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos ("Customer Submissions") (Customer Feedback together with the Customer Submissions, "Customer Voluntary Suggestions"). By providing Customer Voluntary Suggestions to the Company via any method (e.g. site submission, email, survey responses, etc.), the Customer represents and warrants to the Company that (i) the Customer has all necessary rights to distribute Customer Voluntary Suggestions via this website or via the Services found at this website, either because the Customer is the author of the Customer Voluntary Suggestions and has the right to distribute the same, or because the Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Voluntary Suggestions, and (ii) the Customer does not violate the rights of any third party by providing the Customer Voluntary Suggestions.
4. License to Company: the Company will have the right to use and disclose any the Customer Voluntary Suggestions posted to the Website , submitted directly to the Company through the Services for any lawful purpose or shared by any other means. In no event will the Customer or anyone else be entitled to any compensation or acknowledgement for the Company’s use of any Customer's Voluntary Suggestions. The Customer's provision of Customer Voluntary Suggestions is entirely voluntary and will not create any confidentiality obligation for the Company. By submitting Customer Voluntary Suggestions, the Customer hereby grants the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display the Customer Voluntary Suggestions (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) the Customer Voluntary Suggestions in any manner and for any purpose (including, but not limited to, commercial purposes) that the Company deems appropriate in its sole discretion (including, but not limited to, to incorporating the Customer Voluntary Suggestions (or any modification thereto), in whole or in part, into any technology, product or service. The provisions in this Section apply specifically to the Company's use of the Customer Voluntary Suggestions posted to the Company’s corporate websites or submitted directly through the Services, and not to the Customer’s App and/or website created using the Services. The Customer will be solely responsible for any and all of the Customer Voluntary Suggestions that are submitted through the Customer’s account, and the consequences of, and requirements for, distributing it.
1. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, reputation or other intangible losses resulting from the use of or inability to use the Services.
2. In no event shall the Company be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Use (however arising including your negligence or loss of connectivity). You agree to indemnify and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers (as applicable) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Indemnification of the Company: the Customer agrees to defend, indemnify and hold the Company and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to the Customer's breach of any of these Terms or Service by the Customer or any third party (authorized, permitted or enabled by the Customer) of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer.
THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
4. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.
5. No Assignment by the Customer. The Customer may not assign these Terms of Use without the prior written consent of the Company, which the Company may refuse in its sole discretion. Any attempt by the Customer to assign these Terms of Use without prior written consent from the Company will be deemed null and void. The Company may assign these Terms of Use at any time. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
6. Entire Agreement. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use will be interpreted without application of any strict construction in favour of or against the Customer or the Company.
7. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of these Terms of Use, and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever.
8. Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
9. Force Majeure. The Company will have no liability to the Customer or any third party for any failure by the Company to perform its obligations under these Terms of Use in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of the Company, including but not limited to an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
10. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
11. The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
12. The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
13. The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
14. Please note that you may incur data and/or other telecommunications usage charges ("Data Charges") for downloading, streaming or using any content that you access via NAMASTE BUSINESS. The Company is not responsible for any Data Charges incurred by you in connection with the use of the Services. Please check with your internet or telecommunications provider for the Data Charges that may apply.
The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Use).
1. We do not claim any intellectual property rights over the material (Store Content) you provide to the Service. All Store Content you upload remains yours. You can remove your store at any time by deleting your Account. This will also remove all the Store Content that you have stored on the Service.
2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow the Company to display and store your Store Content; and (c) that the Company can, at any time, review and take action on all the Store Content submitted by you to its Service.
3. You retain ownership over all Store Content that you upload to a store using the Services; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. The Company shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
6. While using the Services, the Customer may customize the appearance of the APP and/or website by selecting a design template (“a Theme”) from available Themes. The Company gives no assurance that a particular Theme will remain available for use by the Customer.
7. The intellectual property rights of the Theme is either the property of the Company or being used by the Company. The Customer will use the Theme specifically for their App and/or website online store through the use of the Services and will cease to use any such Theme on termination of Services.
8. The Customer agrees that they do not hold any claim over intellectual property rights of these Themes.
The Company at its sole discretion may charge fees for the usage of the Services. Through the ledger, the company may subtract the monthly or annual fees. It is the Customer responsibility to maintain a balance equal or higher to the fees. The Customer can be fully aware of such charges as they will be displayed in the ledger balance. If you do not wish to pay such fees, you may discontinue the use of the Services.
When the Customer withdraws from the ledger, transaction fees may occur from Third Parties. The Company reserves the right to remove, reduce or increase them at its sole discretion.
1. You may cancel the services on your Account at anytime by emailing contact[@namaste.business](mailto:info@namaste.business) or by contacting your assigned Relationship manager and then following the specific instructions indicated to you in the Company’s response.
2. Once cancellation is confirmed and following data protection regulations, all of your Store Content will be immediately deleted from the Service by the Company. Since deletion of all data is final, please be sure that you want to cancel your account and/or have made backup copies of your data before doing so.
3. Upon termination of the Services by either party for any reason:
4. We reserve the right to modify or terminate the Services or your Account for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, the Company may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
Prices for using the Services are subject to change upon 30 days notice from Company. Such notice may be provided at any time by posting the changes to the Company’s Website, through phone call, instant messages or email or directly through announcement via the admin menu of your NAMASTE BUSINESS Appand/or website Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Special note for Google Play Store upload
Google (and its parent company, Alphabet Inc.) is located at 1600 Amphitheatre Parkway in Mountain View, California, USA.
Google Play, also branded as the Google Play Store is a digital distribution service operated and developed by Google.
The Services, through the head company Mahamela Technologies Pvt Ltd, are allowing the Customer to put the Application generated ("client application", "client app") of the Customer on Google Play Store.
The Application will be uploaded under Google Developer Accounts supervised or owned by Mahamela Technologies Pvt Ltd.
By requested the Application linked to the Customer to be uploaded and by starting the upload process, the Customer:
1. In addition to these Terms of Use, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, the Company's partners or other third parties.
2. Company may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Company has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on NAMASTE BUSINESS App, including the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with the Services & the Company. We strongly recommend that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
4. If you install, use or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Company is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
5. Under no circumstances shall Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
6. These Terms of Use and applicable privacy policy do not apply to such third party websites, and the Customer should review such third party websites' privacy policies, terms and conditions and business practices as they may be different from the Services’ Terms of Use and it is the Customer's sole responsibility to comply with such third party terms. Access to any other website is at the Customer's own risk, and the Customer's dealings and communications with any third party in connection with such third party’s website are solely between the Customer and such third party.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES
7. Partners: Company may help the Account Owner enable Deliveries, Shipments, Logistics, Payments, etc. with Company’s third party Service Partners (“Service Partners”). By enabling these services, Company will help facilitate the onboarding process. The Customer may be required to agree to an additional set of Terms & Conditions with the Services or enter into separate agreements with the respective Service Partner, for payments, logistics, and any other related services provided by Service Partners. The Company will not be liable for any damages, losses, delays or any other issues arising from the use of these services provided by the Service Partners through the Services. Any issues arising from the use of these services will need to be addressed directly between the Customer and the Service Partner.
8. You will be required to provide true, accurate, current and complete information as a part of the Services' sign up process. You may also be required to submit additional documents in compliance with KYC norms. Failure to satisfy KYC norms will lead to an immediate termination of your use of Services.
9. You acknowledge that it is your sole responsibility as the Account Owner to activate, maintain or deactivate your account with any related Service Partners including but not limited to logistics and payment partners.
From time to time, the Company may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Shopify will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Namaste Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without the Company’s prior written consent. Namaste makes no representations or warranties that the Beta Services will function. Namaste may discontinue the Beta Services at any time in its sole discretion. Namaste will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. The Company may change or not release a final or commercial version of a Beta Service in its sole discretion.
1. The Company supports the protection of intellectual property and requires the Customer to do the same.
2. If an intellectual property rights owner believes that one of our merchants is infringing their intellectual property rights, they can send an Intellectual Property Rights Infringement Claim Notice along with documentary evidence to Company’s designated email id contact@namaste.business.
3. Upon receiving the Notice, we may remove or disable access to the material claimed to be an Intellectual Property Rights Infringement Claim Notice. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint.
4. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise the Company may choose to restore the material at its sole discretion.
5. Please be aware that if you knowingly make a material misrepresentation that material or activity is infringing your intellectual property rights and the material is removed or disabled by mistake or misidentification, you may be held liable for damages as claimed by the merchant who has been affected.
6. Repeat Infringers: It is Company’s policy in appropriate circumstances to disable and/or terminate the account(s) of the Customer who repeatedly infringe copyrights.
1. Prohibited Offerings: the Customer may not utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances including but not limited to prescribed medicines, alcoholic products, or tobacco products; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
2. Profanity and Blasphemy: Profanities, profane or otherwise inappropriate subject matter in the site content and in the domain name are prohibited.
3. Private Information and Images: the Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent's consent in the case of a minor).
4. Violations of Intellectual Property Rights: Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company may remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Intellectual Property Rights Infringement" above).
5. Misrepresentation of Transmission Information: Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
6. Viruses and Other Destructive Activities: Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for the Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
7. Hacking: "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
8. Anonymous Proxies: Company does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. The Customer will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
9. Child Pornography: The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. The Company is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
10. Other Illegal Activities: The use of the Services to engage in any activity that is determined by Company, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. The Company will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
11. Other Activities: This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in the Company’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, the Company’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of the Company’s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms of Use. In addition, the failure of the Customer to cooperate with the Company in correcting or preventing violations of these Terms of Use by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms of Use by the Customer. Without limiting the rights and remedies available to it, the Company reserves the right in its sole discretion, to suspend or terminate the Customer's access to its account and the Services, with or without notice, and to take any other action that the Company determines in its sole discretion is necessary as a result of any behavior by the Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms of Use. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in the Company's sole discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this website or the Services. These prohibitions do not require the Company to monitor, police, remove or reject any content, information, graphics, photographs or links on the Customer’s hosted sites or any the Customer Voluntary Suggestions or other information submitted by the Customer or any other user; however the Company can do so at the discretion of the law enforcement agencies.
The Customer is the sole entity legally responsible for displaying or selling prohibited products.
The Company offers its Services to host ecommerce websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, the Company backs up data on its servers from time to time, but is under no obligation or duty to the Customer to do so under these Terms of Use.
IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP THE CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON COMPANY SERVERS. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF THE CUSTOMER’S FILES AND/OR DATA ON ANY OF THE COMPANY SERVER.