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 Ecom First without any compensation or credit to you whatsoever.

• Ecom First 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 Ecom First 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.

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. You are not to use the Site or the Services for the following:

• You may not use Ecom First 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.

• Promote or convey provocative or prohibited contents which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise reasonably and is likely to generate such conduct;

• Posting any pornographic content or pictures, engage in transmitting child pornographic materials or activities harmful to children;

• Provide any false, misleading or inaccurate information;

• Indulge in identity theft, unauthorized advertising using Ecom First account;

• Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;

• Infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission;

• Engage in activities which include but are not limited to hacking other computers or servers, including Our’s; or violate any requirements, procedures, policies or rules of networks related to the system; Engage in any unlawful activity using credit cards;

• Falsely express or imply that Ecom First sponsors, endorses or is otherwise associated with You or Your content;

• Interfere or attempt to evade or disable the Site or services, the proper working, the security features or the equipment connected to the Site or the Services;

• Entail an excessively large load on the infrastructure of the Site or Our systems or networks;

• Restrict or restrain any other person from using the Site or the Services; Indulge in criminal or terrorist activity against any nation or society; or cause any threat or harassment to any person or public as a whole;

• Engage in any activity that restricts or inhibits any other Ecom First Account Holder from using or enjoying the Service;

• Violate this Agreement or encourage or assist anyone else to violate this Agreement.

Express written permission of Ecom First is required for You to do any of the following:

• Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post the Content or the Site for commercial purposes;

• Use of the brand name Ecom First.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 Ecom First using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes; 

• In addition to any remedies that Ecom First may have at law or in equity, if Ecom First reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Ecom First 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.

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 Ecom First would disclose Your personal information.
Ecom First 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.
Ecom First 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, Ecom First will have no liability to You or any third party provided that such reasonable precautions are taken.
 

Administrative access

• Ecom First will have access to Your accounts for administrative reasons.

• Ecom First 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, Ecom First reserves the right to disconnect Your account and ban You from further use of our services.

Reserved Rights

Ecom First 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 review, modify, filter, disable, delete and remove any and all content and information from the Site;

• To update and download automatically any software provided on or through 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;

• To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.

Payment and Refund/Cancellation Policy

We will charge you a standard monthly fee based on your account plan. The Service is billed in advance for each month, quarter, half-year or year, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.

Term

This Agreement is valid from the date you:

• User (merchant) subscribes to this Site till the time when you decide to stop using the services offered by the Site.

• Cancellation, Suspension or Termination of Services

Ecom First can suspend, cancel or terminate the account of the user:

Without limiting its other remedies, Ecom First may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this Agreement and your access to the account(s) if You fail to comply with any terms specified herein. Ecom First may take such actions without providing you prior notice and at its sole discretion.
Ecom First 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 Ecom First to liability for any reason, or that may cause Ecom First 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.

Disclaimer of Warranties

• This clause shall be applicable to the end users, any person visiting or accessing Ecom First website who accepts this Agreement related to the services provided herein.

• Nothing stipulated in the Terms of Service shall be deemed to provide a warranty or representation (either express or implied) from the part of Ecom First to the control or use any of your data. Ecom First represents that they do not have any obligation to control the access of any information, sites or domains in order to safeguard the interests of the public or the account holder.

• You expressly agree and understand that your activities through Ecom First account, including but not limited to downloading, uploading, transmitting, distributing any material, shall be at your sole discretion and at your sole risk. The services are provided “as is” and “as available” basis without warranty of any kind from the part of Ecom First.

• Ecom First, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Ecom First, its officers, directors, employees, and agents make no representations or warranties about:

• The accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or, The services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Ecom First assumes no liability or responsibility for the same.

• YOU understand and agree that you are solely responsible in case of any damages or loss of data that may occur to your computer or system or any other equipment which resulted from using the services provided by Ecom First.

• Ecom First further expressly disclaims all representations and warranties of any kind with respect to any materials uploaded, downloaded, transmitted or otherwise obtained through any other source including any website or Ecom First website itself.

• Ecom First does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.

• In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Ecom First, its officers, directors, employees, or agents will :

• Constitute legal or financial advice or,

• Create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

• Except as set forth in the Intellectual Property Policy (Incorporated by reference) Ecom First will not intervene or become involved in any disputes between the User and a third party, including, but not limited to, End users.

• You shall be liable for all the consequences and damages that arise as a result of Your violations of any part of the stipulations herein. Ecom First SHALL NOT BE RESPONSIBLE for any of your illegal activities and they shall have the right to recover any such damages from You, including attorney fees and costs related to any legal procedures associated with it.

• The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

• You explicitly understand and accept that Ecom First shall not be liable to You under any agreement, direct or indirect; incidental or consequential damages that may be incurred by You through Your (refers to User here, the store owner) use of Our services so offered by Ecom First or through Your (refers to End User here, the Customer of the Store Owner) of the services or products offered by the Store Owners.

• Ecom First assumes no responsibility with respect to user’s or end user’s use of the services and shall not be liable for consequential, incidental, or special damages, including but not limited to loss of use, business interruptions, and loss of profits, lost revenue or punitive or exemplary damages, even if Ecom First is aware of the possibility thereof.

• In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

• The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

Indemnification

• You agree to indemnify and hold harmless Ecom First, 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,

• 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 Ecom First; 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 Ecom First 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 Ecom First. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that Ecom First may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.

Modification

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

Incorporation of policies

Intellectual Property Policy and the Privacy Policy referred to in this Agreement constitute an integral part of this Agreement and are 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 District Courts in Indore, 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 Indore, India, for settlement of any dispute or enforcement if any right under this Agreement.