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Terms of Service
Last updated on 16th August, 2018. By signing up for the www.mangaladeals.com services or any of the services of mangaladeals.com you are agreeing to be bound by the following terms and conditions ("Terms of Service'). The services offered by mangaladeals.com under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online ("Online Services"), in person ("POS Services"), or both. Any such services offered by mangaladeals.com are referred to in these Terms of Services as the "Services". Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.mangaladeals.com website reserves the right to update and change the Terms of Service by posting updates and changes to the mangaladeals.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Service you must register for a mangaladeals.com account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required mangaladeals.com may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that mangaladeals.com will use the email address, or phone number you provide as the primary method for communication.
4. You are responsible for keeping your password secure. mangaladeals.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. 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 Account ("Materials").
6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in sole discretion of mangaladeals.com will result in an immediate termination of your services.
1. The person signing up for the Service will be the contracting party ("Account 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 Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. 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 Service.
PayPal Express Checkout and mangaladeals.com Payments Accounts
Pal Express Checkout and mangaladeals.com Payments Accounts
1. Upon completion of sign up for the Service, mangaladeals.com will create a PayPal Express Checkout or other account on your behalf, using your email address. Depending on your location, mangaladeals.com may also create a mangaladeals.com Payments account on your behalf.
2. You acknowledge that Pay Pal Express Checkout other or mangaladeals.com payments will be default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express, or other gateway Checkout is a Third Party Service.
Technical support is only provided to paying Account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the and the laws of Mangalore, Karnataka State and 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 the Mangalore, Karnataka State with respect.
3. The Terms of Service shall be governed by and interpreted in accordance with the laws of the of the Mangalore, Karnataka State and 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 the Mangalore, Karnataka State with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
4. You acknowledge and agree that mangaladeals.com may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on mangaladeals.com website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to mangaladeals.com website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
5. You may not use the mangaladeals.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of INDIA and the Mangalore, Karnataka State. You will comply with all applicable laws, rules and regulations in your use of the Service.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by mangaladeals.com.
7. Questions about the Terms of Service should be sent to email@example.com.
8. You understand that your Materials (not including credit 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. Credit Card information is always to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
10. The Terms of Service may be available in ENGLISH language.
The mangaladeals.com service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Mangalore, Karnataka State.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
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 Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy ("AUP") or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any mangaladeals.com customer, mangaladeals.com, employee, member, or officer will result in immediate Account termination
5. mangaladeals.com does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
6. We reserve the right to prove our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge an agree that mangaladeals.com employees and contractors may also be mangaladeals.com customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, the government issued photo ID, the last four digits of the credit card on file, etc.
8. mangaladeals.com retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, mangaladeals.com reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a mangaladeals.com account, we can freeze the account or transfer it to the rightful owner.
Limitation of Liability
1. You expressly understand and agree that mangaladeals.com 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 or other intangible losses resulting from the use of or inability to use the service.
2. 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.
3. mangaladeals.com does not warrant that the Service will be uninterrupted, timely, secure or error-free.
4. mangaladeals.com does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
5. mangaladeals.com does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is "as is" so it may have errors or interruptions and we provide no warranties.
Waiver and Complete Agreement
The failure of mangaladeals.com, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and mangaladeals.com and govern your use of the Service, superseding any prior agreements between you and mangaladeals.com (including, but not limited to, any prior versions of the Terms of Service).
If mangaladeals.com chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreement between you and mangaladeals.com don't apply if they conflict with these terms. Proprietary Rights of mangaladeals.comAs between Partner and mangaladeals.com the mangaladeals.com creative, mangaladeals.com Trademarks, all demographic and other information relating to Merchants including Referred Merchants, prospective Partners and Partners, the Services, the mangaladeals.com API, Merchant Data, and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or, on behalf of mangaladeals.com and/or. Related Entities or otherwise related to the service mangaladeals.com Partner Program, mangaladeals.com and/or mangaladeals.com Related Entities, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, mangaladeals.com Property") shall be and remain the sole and
Restrictions on Partners Use of the mangaladeals.com trademark
Partners shall not use any mangaladeals.com Trademark including but not limited to the shopping bag logo or the word mark mangaladeals.com or variations of the word mangaladeals.com in Partner's business name, logo, products or services, including without limitation, the name or design of any Application or Theme, unless granted express written permission by mangaladeals.com in advance of such use.
1. "Confidential Information" shall include, but shall not be limited to, any and all information associated with a Party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. For the avoidance of doubt, as between mangaladeals.com, Merchant Data and Customer Data is the Confidential Information of mangaladeals.com.
To the extent, if any, that ownership of any mangaladeals.com property does not automatically vest in mangaladeals.com by virtue of this agreement, or otherwise and vests in partner, partner hereby transfers and assigns to mangaladeals.com upon the creation thereof, all rights, title and interest partner may have in and to such mangaladeals.com property and waives any and all moral rights, as applicable, including the right to sue and recover for past, present and future violations thereof.
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the materials you provide to the mangaladeals.com. All Materials you upload remains yours. You can remove your mangaladeals.com at any time by deleting your account.
By uploading Materials, you agree: (a) to allow other Internet users to view the Materials you post publicly to your store; (b) to allow, mangaladeals.com to store, and in the case of Materials you post publicly, display, your Materials; and (c) that mangaladeals.com can, at any time, review all the Materials submitted to its Service, although mangaladeals.com is not obligated to do so.
You retain ownership over all materials that you upload to a mangaladeals.com however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
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.
mangaladeals.com 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.
Anything you upload remains yours and your responsibility.
Payment of Fees
You will pay the Fees applicable to your subscription to Online Service subscription Fees and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees"), and any fees relating to your purchase of any products or services such as shipping, third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
You must keep a valid credit card on file with us to pay for all incurred and recurring fees. Mangaladeals.com will charge applicable fees o the credit card account that you authorize (Authorized card) and mangaladeals.com will continue to charge the authorized card (or any replacement card) for applicable fees unit the services are terminated, and any and all outstanding fees have been paid in full. Unless otherwise indicated, all fees and other charges are in Indian Rupee and all payments shall be in Indian Currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at mangaladeals.com discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the account owner via the email provided. As well, an invoice will appear on the account page of your mangaladeals.com administration console. Users have approximately two weeks to bring upto and settle any issues with the billing of subscription fees.
If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, mangaladeals.com reserves the right to terminate your Account.
All Fees are exclusive of applicable country state, local or other governmental sales, gods and services, harmonized or other taxes, fees or charges no in force or enacted in the future (taxes).
You are responsible for all applicable taxes that arise from or as a result of your subscription to or purchase of mangaladeals.com products and services. These taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to mangaladeals.com of your exemption, If you are not charged Taxes by mangaladeals.com you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
You must maintain your current location in the administration menu of your mangaladeals.com and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
mangaladeals.com does not provide refunds.
Cancellation and Termination
You may cancel your Account at any time by firstname.lastname@example.org response.
Upon termination of the Services by either party for, any reason:
mangaladeals.com will cease providing you with the Services and you will no longer be able to access your Account;
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
Any outstanding balance owed to mangaladeals.com for your use of the Services through the effective date of such termination will immediately become due and payable in full.
Fraud: Without limiting any other remediesmangaladeals.com 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 Site.
Modifications to the Service and Prices
1. Prices for using the Services are subject to change upon 30 days notice from mangaladeals.com. Such notice may be provided at any time changes to the mangaladeals.com site or the administration menu of your mangaladeals.com announcement.
2. mangaladeals.com reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. mangaladeals.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
What information do we collect from merchants and why?
We collect your name, company name, address, email address, phone number(s) and payment details (for example, your credit card information).
We use this information to provide you with our Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements.
We collect data about the mangaladeals.com websites that you visit. We also collect data about how and when you access your account and the mangaladeals.com platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the mangaladeals.com interface.
We use this information to give you access to and improve our Services; for example, to make our platform interface easier to use. We also use this information to personalize the Services for you; Finally, we may use this information to provide you with advertising or marketing.
Upon completing the sign-up process for the Services, and depending on your location, we may create a Payments account on your behalf. If you activate a Payments account (applicable to merchants in certain jurisdictions), we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), and bank account information.
We use this information to create a mangaladeals.com Payments account for you, to provide you with mangaladeals.com Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout.
We use this information to provide you with our Services and so that you can process orders and better serve your customers.
Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
We use some of the personal information you provide us to conduct some level of automated decision-making for example, we use certain personal information to help us screen accounts for risk or fraud concerns.
We will also use personal information in other cases where you have given us your express permission.
When do we collect this information?
• We collect personal information when you sign up for our Services, when you access our Services or otherwise provide us with the information.
• We also partner with third parties who provide us information about merchants or prospective merchants, for example to help us screen out merchants associated with fraud.