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Terms & Conditions
All the terms and conditions for the store.

SELLER TERMS & CONDITIONS OF ASSOCIATION & USE

 

 

This document shall put forward the terms and condition that shall govern all the association, activities & use carried out by the Seller (“seller, merchant, you, your”) while using the services and technology provided by MANERAA (“Maneraa, we, us, our”) through its owned website www.Maneraa.com, for the term of this association.

 

This agreement is made between LAMANERAA RETAIL PVT LTD (Hereinafter referred to as “Maneraa, we, us”), with its registered Office in Kochi, Inida, under Office 7D, Chakolas Heights, Seaport Airport Road, Kakanadu 686042 Kerala, India and the SELLER (hereinafter referred to as “SELLER, YOU”), who has confirmed and registered as SELLER through Maneraa.com Online SELLER Registration Portal. The entities as described in this agreement can also be referred to as “Party” or “Parties.”

 

WHEREAS:

A. Maneraa is a Marketplace who has its skilled expertise and knowledge in the provided services through Online, to enable the Seller to use Maneraa Catalogue Management Platform for listing & retailing of various products and services offered by Seller to consumers in INDIA & Middle East across several categories under its own URL named www.Maneraa.com and its affiliated websites

 

B. Maneraa has represented to the Seller about its skills, expertise and plan in Marketing Seller Products Online on which the Seller has agreed to, engage the Services & use of Seller portal, on the below mentioned terms and conditions of the Agreement.

 

C. Seller hereby decides to engage Maneraa to Market and Sell its Products through the Maneraa’s Website www.Maneraa.com and its affiliated websites and the Maneraa hereby accepts and decides to provide such services during the Term (as defined hereinafter) of this Agreement.

 

NOW THEREFORE in consideration of the foregoing and the mutual covenants and promises contained herein and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties intending to be bound legally, agree as follows:

 

1.     DEFINITIONS: -

 

1.1.     “Seller”: Person or any entity who desires to establish and engage the Maneraa services for listing & selling its products using the platform provided by its website Maneraa.com, by accepting this agreement’s terms and conditions.

 

1.2.     “Seller Materials”: means all Trademarks, Brands, Content, information, data, materials, and other items (excluding Technology) provided or made available by Seller or its Affiliates to the Maneraa or its Affiliates.

 

1.3.     "Catalogue Data" Shall mean any and all the catalogue date or information including but not limited to price, image etc. in the format mutually agreed by the parties in relation to the product provided by Seller to Maneraa.

 

1.4.     “Catalogue Management”:  Catalogue management shall mean managing the content on the website which is primarily done using tools like the Catalogue Management Platform (a module that has been developed to upload / manage product information on the website). The catalogue is uploaded using this Platform and any subsequent product or content uploads or modifications are managed using this Platform as well.

 

1.5.     “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Products on Maneraa.com.

 

1.6.  “E- Commerce Engine”: E-Commerce engine shall mean and include the Back End comprising of a set of seamlessly integrated applications that manage the operations and the various business work flows including, Catalogue Management; Product and Price Updates, Seller and Delivery Partner Management, Order Processing and Seller fulfilment.

 

1.7.     "Intellectual Property Right" means any and all trademark patent rights, industrial design rights, copyrights, mask work rights, confidential information rights, trade secret or know-how rights, all rights of whatsoever nature in computer software and data, and any other intangible rights or privileges of a nature similar to any of the foregoing, in every case in any part of the world and whether or not registered. IP Rights shall also include all rights in any applications and granted registrations for any of the foregoing rights.

 

1.8.  “Online  Promotions”:  Online  promotions  shall  mean  promotions  relating  to  show-casing  the products on the home page and store page of the website and including all other promotions and advertisements through online platforms.

 

1.9.  “Payment  Gateway  Engine”:  Payment  Gateway  Engine  shall  mean  integration  of  various gateways  and  payment options  both  Internal  and  External  like  Credit  Cards, Debit  Cards, Net banking, Pay by Cheque, Cash on delivery. The payment gateways are safe methods of payments which are 3D secured.

 

1.10.  “Price” shall mean the amount at which the Products are offered by the Seller on Maneraa.com to the Customer through its Catalogue Management Platform including all offers, discounts & taxes, as applicable.

 

1.11.  “Products”  shall  mean  the  products  of  Seller  uploaded  at  Maneraa.com  and  such  other products  that may  be  uploaded  to  the Maneraa.com  from  time  to  time  for distribution/sales under this Agreement

 

1.12.  “Referral Fees” shall mean the Fees per transaction for Maneraa in the Price offered by the Seller to Customers (with or without including the Shipping Charges and taxes, as applicable) through Maneraa.com or any of its Affiliate website.

 

1.13.  “Software Platform”: Platform means the technology solutions on the URL which have been built using the best technology platforms available in open source. The Solution is truly robust, scalable and capable of handling 1000s of simultaneous transactions and can seamlessly integrate with most Seller partners, Courier partners and payment gateways.

 

1.14.  “Shipping  Charges” shall mean the logistics/courier/postal charges incurred for delivering the product(s) to the Customer.

 

1.15.  "Website": shall mean www.Maneraa.com or any of its Affiliate website which are Powered by MANERAA

 

2. SCOPE: Maneraa is  an e-Marketplace, engaged  in  the  display, sales and distribution of the Sellers’ Products (Seller Products, various products under various categories) online through its website/online portal Maneraa.com (“Website”) to the public at large in and outside INDIA, charging its Referral Fees on the Price, where Maneraa will  provide a panel to Seller through which Seller will upload, create their catalogue with Price for sale and distribution or Maneraa will upload, create the Seller’s Catalogue to display, sell and distribute the Seller’s products through Maneraa.com. Maneraa will promote, advertise its website on its own cost, trade and activities through all possible channels, monitor and update catalogues, order information.

 

3.     ROLES AND RESPONSIBILITY OF MANERAA:

 

3.1.     Maneraa shall bring in their technology through website development, online promotions, e- commerce engine and  payment  gateway  integration  and  customer   service  for  successful operation of website, including Customer service and periodic Website Management. Maneraa shall be responsible for promoting, publishing and advertising its website and the products displayed for the best reach to the public.

 

3.2.    Maneraa will be responsible for managing the customer service for only such Products that sold through the www.Maneraa.com. Maneraa shall also be  responsible  for  processing  all  refunds  for  the  Maneraa  products  sold through Maneraa.com.

 

3.3.   The software platform, e-commerce engine and payment gateways will remain the sole property of the Maneraa. Maneraa shall  have  the  sole  right  and  discretion  to  decide  about  the  selection  and  listing  of Products on its website.

 

3.4. Maneraa shall charge Referral Fees on the Price offered by the Seller through Catalogue Management Platform/Panel provided by Maneraa, as per agreed terms with Seller in Clause 6.2 (Pricing and Payment Terms).

 

3.5.      Maneraa shall not be liable for any manufacturing defect in the product in any circumstances.

 

3.6.      Maneraa shall Issue Order form to Seller corresponding to the Sold Seller Products through Maneraa.com

 

3.7. Maneraa shall be responsible for settling all Payment Obligations to Seller, on time, as stipulated in the Terms and Conditions as per Clause 6.2 (Pricing and Payment Terms) in this agreement.

 

4.     ROLES AND RESPONSIBILITY OF SELLER:

 

4.1.     Seller agrees to be Seller of Maneraa for the  sale  and  distributions  of  their  product through Maneraa.com during the term of this Agreement.

 

4.2.     Seller shall  be  solely  responsible  to  create  and  update  and  to make catalogue  for  display of  their  products  through  Maneraa.com  and  Seller  will  be responsible for updating / publishing or maintaining such information and will do so using the Maneraa Catalogue Management Platform/Panel provided by Maneraa to the Seller. Maneraa shall not be liable for any catalogue creation, updating and Management of Maneraa Products catalogue, unless mutually agreed to do so.

 

4.3.     Price of Product: Price of the Seller Product at Maneraa.com, including all offers, Discounts and taxes, will sole prerogative of the Seller in the Catalogue Management Platform/Panel provided  by Maneraa.com

 

4.4.     Price  Updates:  Seller  shall  be  solely  responsible  for  pricing  update  of  their  products (including discount and promotion information) on Seller Panel provided by Maneraa.com. All the Pricing update shall be done through panel provided by Maneraa.com to Seller and Maneraa shall not be liable in any circumstances for any pricing update of Seller Product. Until a new price update by Seller to their catalogue, Seller will abide by the earlier price provided.

 

4.5.     Inventory Updates: Seller shall be solely responsible for inventory updates of their products (including discounts and promotions and information about product discontinuation) from time to time for Listing on the Maneraa.com. All the Pricing or inventory update shall be done through Seller panel provided by Maneraa to Seller and until a new inventory update is published to Maneraa.com, Seller will abide by the earlier inventory update. Maneraa shall not be liable in any circumstances for any inventory update of Seller Product on Maneraa.com

 

4.6.     Fulfilment of Product: During the Term of this Agreement, Seller will be solely responsible for Fulfilment of their products for products sold in connection with transaction through Maneraa.com. Seller will source, pick and pack the products and make available the packed goods for Delivery within the agreed delivery lead time at the agreed delivery option (pickup or drop).

 

4.7.     Reverse Logistics: Seller will be solely responsible for accepting and processing including pick, pack and returns of their Products, in case of any damage in the product or any manufacturing defect or any mismatch on the ordered products, for the Seller products which are sold through Maneraa.com. The Maneraa shall intimate the Seller on any defect or mismatch within 5 Days of receipt of Goods at Maneraa premises.

 

4.8.  Invoicing: Seller shall invoice to Maneraa for all Seller orders and shall provide a Self-Attested copy of Tax Identification Number & Seller Bank account details and Transfer mandate form, in case of any change in the Bank account.

 

4.9.  By entering  into  this  Agreement  and  posting  a  listing  for  fixed  price  sale,  Seller  agree  to complete the transaction as described by this Agreement. Seller acknowledge that by not fulfilling these obligations, Seller action or inaction may be legally actionable.

 

4.10.  Seller is obligated to sell the product at the listed price in the Maneraa. By listing an item in a fixed price sale, Seller represent and warrant to Maneraa that Seller have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

 

4.11.  Before a Seller lists an item, the Seller needs to find out if the item is allowed to the Seller and if the type of item is subject to certain restrictions, to avoid potential issues with Seller listing. As a Seller, you are ultimately responsible for making sure that Selling an item is legal under applicable laws in the Seller Country. By entering under this Agreement, Seller represent that it shall not list the products which are prohibited under law.

 

Violations of this Policy may result in a range of actions, including but not limited to the following:

a.    listing cancellation;

b.    limits on Seller Catalogue Management Platform/Panel privileges;

c.    Seller Catalogue Management Platform/Panel suspension; and/or

d.    loss of special status

*The above list is merely indicative and not exhaustive. Maneraa may at its sole discretion, amend or modify this list.

 

5.     REPRESENTATION AND WARRANTIES BY BENEFIT:

 

5.1   Seller undertakes that the goods/products delivered are defect free, without any encumbrances and there has been no IPR violation of any third party by the Seller.

 

5.2   For any defect in the products delivered by Seller, Seller shall be solely responsible for the same.

 

5.3   The  warranties  in  relation shall  strictly  be  in  accordance  with  the  Seller  warranty  policy  as applicable to the Product.

 

 

6.     COMMERCIAL TERM: For Displaying Marketing and selling the Seller Products by the Maneraa through its Maneraa.com, the following Commercial terms shall be applicable;

 

6.1     Seller, through the Catalogue Management Platform, shall fix the Price of its Product. All prices posted by the Seller shall be inclusive of any taxes as applicable in the Seller Country. Any change in Price shall be updated by the Seller time to time and it shall be the sole responsibility of the Seller. Until a new price update by Seller to their catalogue, Seller will abide by the earlier price provided.

 

6.2    Pricing & Payment Terms: Seller shall assign the Maximum Retail Price and the Discounted price (if any) inclusive of all taxes, through the Seller’s Catalogue Management Portal.

 

The Maneraa shall be entitled for a Referral Fee (Category wise, refer to Referral Fee Package list) plus Delivery Charges on every product sold through Maneraa.com

 

Referral Fee Package (Local Sellers)

Category

MANERAA Regular (Calculated on Selling Price)

Clothing & Accessories

20%

Shoes & Hand Bags

25%

Watches

16%

Jewelry

18%

Home Furnishing

25%

Home Décor

25%

Beauty Products

15%

Fragrances

18% 

 

The Maneraa shall Settle the Payment to the Seller Weekly, Deducting the Fee Amount from the Sold Price to the Seller’s assigned Bank Account.

 

6.3 All costs related to the promotions, advertisements, online promotions of Maneraa and the products displayed, are sole responsibility of the Maneraa. This shall include various marketing campaigns on its website through various channels and the marketing channels may include, but not limited to, Promotion / Coupon Codes, Bank Promotions, Cash Back Offers, Emails, Website Showcase, Social Media Promotions, Category Specific Campaigns, Print Media Campaigns etc.

 

6.4 Seller, at its sole discretion, can enroll to take or share the costs in campaigns like trade exhibitions, time to time, on mutual consent.

 

7.     TRANSACTION PROCESSING:

 

7.1   Collection of Payment: Maneraa will collect the payment through its designated payment gateway and  shall  remain the sole  property  of  Maneraa  only.

 

7.2   Maneraa 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 the Maneraa.  Seller  shall not  be  held  liable  at any  point  in  time  during  the  subsistence  of  this Agreement.

 

7.3   Payment to Seller:  Maneraa shall be responsible and make the payment to Seller against every sale of Seller Products, as per the agreed terms and conditions.

 

8.     RIGHTS AND LICENSES:

 

8.1      General Reservations: As between the Parties, Seller reserves all right, title and interest in and to  the  Seller  Intellectual  Property  and,  no  title  to  or  ownership  of  any  of  the  Seller Intellectual Property is transferred or licensed to Maneraa or any other Person pursuant to this Agreement. As between the  Parties,  Maneraa reserves all right, title and  interest  in and to the Maneraa Intellectual Property and no title to or ownership of any of the Maneraa Intellectual Property is transferred or licensed to Seller or any other Person pursuant to this Agreement.

 

8.2    Order placed by any customer on Maneraa website, then the customer database generated will become sole property of Maneraa.

 

8.3      Usage of Maneraa Intellectual Property: Any Maneraa Intellectual Property provided or otherwise made available to Seller or its Affiliates may be used by Seller and/or its Affiliates solely for the express purposes described in this Agreement during the Term of this Agreement. For the avoidance of doubt, Seller will not:

a.    copy any Maneraa Intellectual Property;

b.    distribute copies of any Maneraa Intellectual Property;

c.    modify,  adapt,  translate,  reverse  engineer,  make  alterations,  decompile,  disassemble,  or make derivative works or improvements based on any Maneraa Intellectual Property;

d.    use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any Maneraa

Intellectual Property; or

e.    Use any Maneraa Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any Maneraa Intellectual Property.

 

 

9. Term and Termination: This Agreement  shall  be  valid  and  binding  on  both  the  parties  until  it  is terminated by either party by giving 3 Months prior written notice to the other party without assigning any reason whatsoever for such termination.

Maneraa may terminate this Agreement immediately in case of breach of any of the provisions of this Agreement by the Seller, if the Seller does not proceed to cure the breach within ten (10) days after receipt of a written Notice of the breach.

 

Termination for Bankruptcy, Insolvency, Winding Up, etc.

a.   Either party may terminate this Agreement with immediate effect upon written notice in the event  that  the  other  party  abandons  its  responsibilities  under  this  Agreement,  becomes bankrupt  or  insolvent  or  files  any  proposal  or  makes  any  assignment  for  the  Seller  of creditors, or an order is made for its winding up or a receiver is appointed for substantial part of its property

b.    On termination of this Agreement, all outstanding obligations of the parties under the terms of this Agreement shall continue to subsist until the same are fulfilled / realized in totality.

 

10.   INDEMNITY: Seller will defend, indemnify and hold harmless Maneraa and Maneraa and each of its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of Seller representations, warranties, or obligations, responsibility set forth in this Agreement; or  (ii)  Seller  own  website  or  other  sales  channels,  the  products  Seller  sell,  any  content Seller provide, the advertisement, offer, sale or return of any products Seller sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products Seller sell or content Seller provide, or Taxes or the collection, payment or failure to collect or pay Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

Seller shall indemnify and hold the Maneraa and Maneraa and their subsidiaries, affiliates, successors, assigns, and  their  officers,  directors,  shareholders,  employees  and  agents  harmless  against  any  material claim, liability, demand, loss, damage, legal cases, judgment or other obligation or right of action, which may arise as a result of: -

a.    Breach of any provision of this Agreement by Seller;

b.    Misrepresentation by Seller to Maneraa or third Parties; or

c.   Anything  done  or  omitted  to  be  done  through  the  negligence  or  otherwise,  default  or misconduct of Seller or of its officers, directors, employees or agents.

d.    Breach of third party Intellectual Property right.

 

11.   LIMITATION  OF  LIABILITY:  MANERAA AND MANERAA  WILL  NOT  BE  LIABLE  FOR  ANY  DAMAGES  OF  ANY  KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION TO THIS AGREEMENT, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER FORM OF ACTION.

 

12.   MISCELLANEOUS:

 

12.1   Entire   Agreement:   This   Agreement   (including   all   Attachments   hereto,   and   all   documents incorporated herein by reference): (a) represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the Parties.

 

12.2   Further  Agreements;  Consents:  Notwithstanding  that  certain  provisions  of  this  Agreement contemplate that the Parties will mutually determine or agree upon certain matters, each Party acknowledges and agrees that: (a) it will not be entitled to unreasonably withhold its determination or agreement with respect to such matters, unless otherwise specifically provided herein; and (b) no  failure  to  mutually  determine  or  agree  as  to  any  such  matters  will  excuse  either  Party performance of its other obligations under this Agreement.

 

12.3   Assignment: Seller is prohibited to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of Law or otherwise, without the Maneraa prior written consent.

 

12.4   Independent Contractors: The Parties are entering this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the other behalf or in the other’s name.

 

12.5   Personnel: Each Party's personnel are employees, agents or subcontractors of such Party and are not employees, agents or subcontractors of the other Party. Each Party: (a) has exclusive control over  its  personnel,  its  labour  and employee  relations,  and  its  policies  relating to  wages,  hours, working conditions and other employment conditions; (b) has the exclusive right to hire, transfer, suspend, lay off, recall, promote, discipline, discharge and adjust grievances with its personnel; (c) is  solely  responsible  for  all  salaries  and  other  compensation  of  its  personnel;  and  (d)  is  solely responsible for making all deductions and withholdings from the salaries and other compensation of its personnel and for paying all contributions, taxes and assessments in connection therewith.

 

12.6 No Third Party Beneficiaries: This Agreement is for and will be enforceable by, the Parties only.

This Agreement is not intended to confer, and does not confer any right or benefit on any Third

Party.

 

12.7   Non-Exclusivity:   Except   as   expressly   provided   otherwise   in   this   Agreement,   each   Party acknowledges that the rights and obligations of the Parties hereunder are non-exclusive and that each Party may engage in transactions with third parties, or undertake its own activities, whether or  not  similar  to  the  transactions  and  other  activities  contemplated  by  this  Agreement  or competitive with the business, products or services of the other Party or its Affiliates.

 

12.8   Confidentiality: Each Party agrees that all terms and conditions of this Agreement will be deemed Confidential  Information  as  defined  therein.  For  avoidance  of  doubt,  a  Party  may  disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it or as otherwise required by Law, provided that such Party: (a) gives the other Party reasonable written notice to allow the other Party to seek a protective order or other appropriate remedy (except to the extent that the original Party compliance with the foregoing would  cause  it  to  violate  a  court  order  or  other  legal  requirement);  (b)  discloses  only  such information as is required by the governmental entity or otherwise required by Law; and (c) uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information so  disclosed.  If  Maneraa  makes  available  any  passwords  or  password-protected  areas  of  any Website or other service (e.g., in connection with the use of any Management Platforms), Seller will  use  reasonable  precautions  to  maintain  the  security  of  such  passwords  and  password- protected areas. If Seller becomes aware that any such password or password-protected area has been compromised, it will immediately notify Maneraa of the same via a telephone number or other contact method (e.g., email address) designated by Maneraa for such purpose, which will be promptly confirmed by notice in writing, and will change the applicable passwords.

 

12.9   Press Releases: Seller will not make any public disclosures regarding this Agreement, its terms, the  actions,  activities  or  performance  contemplated  hereby,  or  the  relationship  between  the Parties, without the Maneraa  prior written consent. The Parties agree that the contents  of the press releases shall not be given for printing or published without it being approved by Maneraa. Maneraa has the right to issue any press release, advertisements, displays in relation to this agreement. In the event Maneraa issues any press release without any prior approval of the Maneraa with regards to this Agreement the same will not be considered as a material breach.

 

12.10 Governing Law and Jurisdiction: This agreement shall be construed only in accordance with the laws of INDIA. In respect of all, Claims, matters/disputes arising out of, in connection with or in relation to this Agreement, only the competent Courts at Kochi India shall have exclusive jurisdiction. No other Court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of this Agreement.

 

12.12 Force  Majeure:  Neither  Party  will  be  liable  for  any  failure  to  perform  any  of  its  obligations hereunder by reason of Force Majeure Event, provided that the affected Party provides the other Party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence   performance   as   promptly   as   possible;   and   provided   further  that   if   a   Party performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then the other Party may at its option, by written notice to the affected Party, either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected Parties non-performance.

 

12.13 Waiver: To be effective, any waiver by a Party of any of its rights or the other Party obligations under this Agreement must be made in a writing signed by the Party to be charged with the waiver. Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at Law or in equity will be construed as a waiver or relinquishment to any extent of such Party right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.

 

12.14 Severability: If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.

 

12.15 Notices: Except for notices for which an alternative procedure is identified in this Agreement, any notice or other communication under this Agreement given by either Party to the other Party will be in writing and, to be effective, must be sent to the intended recipient by prepaid registered letter,  receipted  commercial  courier  at  its  address(es)  and  to  the  attention  of  the  officer(s) specified below; provided that no notice of termination of the Term of this Agreement will be or be deemed properly given unless sent by registered email with infibeam.com.

 

12.16 Non  Solicitation:  The  Parties  agree  that  during  the  term  of  this  Agreement  and  24  months thereafter or without the prior written approval of the other party, not to solicit for employment any employees of either party other than through general solicitation for employment among the public.

 

12.17 Survival  of  provisions:  Notwithstanding  anything  contained  herein,  the  provisions  of  clauses dealing   with   products   &   contents,   rights   and   licenses;   representations   and   warranties; indemnification,   infringements,   claim;   governing   law   and   jurisdiction,   dispute   resolution arbitration;  notices  and  non-solicitation  shall  survive  extinguishment  of  rights  and  obligations pursuant to termination of this agreement.

 

12.18 Code of Conduct: Seller shall comply and ensure that its logistic partner complies (If Seller uses its assigned for delivery of Seller Goods. Seller and its logistics partner hereinafter collectively referred to as the “Parties”) with the following Code of Conduct at all times. Maneraa reserves the right to blacklist the Seller or to make Seller pending if found  violating  any  of  the  below.  Seller must  comply  with  all  applicable  laws  and  regulations (“applicable  laws  and  regulations”).  Maneraa and Maneraa has  no  tolerance  for  bribery  or corruption  in  any aspect  of  its  business.  Maneraa’s policy prohibits  engaging  in  any  form  of  corruption,  bribery, kickback,  extortion,  embezzlement  or  money  laundering.  Maneraa  is  committed  not  only  to complying with all applicable laws and regulations regarding such activities but also to acting with integrity and the highest ethical standards. Parties shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. Parties shall comply strictly with all applicable laws and regulations and with Maneraa’s policy set forth herein

Seller shall respect the intellectual property rights of others and shall comply with applicable laws and regulations related to patents, copyrights, trademarks and trade secrets. Seller shall safeguard Maneraa’s confidential and proprietary information. This obligation includes using commercially reasonable means to safeguard information technology systems on which Maneraa’s information is stored or transmitted. In addition, Parties shall refuse any improper access to confidential or proprietary information of any other company, including our competitors and customers.

1.  Compliance with Applicable Laws and Anti-Bribery

2.  No Discrimination or Harassment

3.  Safe Work Environment

4.  Intellectual Property

5.  Confidential and Proprietary Information

6.  Additional Obligations

7.  Parties shall ensure that its personnel provide service with reasonable skill and care to ensure delightful customer experience.

8.  The personnel appointed by the Parties to deliver the shipment (“Personnel”) should carry

his identity card containing his/her photo and police helpline number prominently displayed.

9.  The Personnel under no circumstances shall:

a.  Contact customer beyond the provision of delivery services;

b.  Misbehave with customer while delivering shipment;

c.   Misuse or share any information provided by the shipper;

d.  Harass/stalk/bully customers through email, messages, call or any online or offline medium;

e.  Be involved in loss or theft of goods and cash;

f.   Provide wrong update on shipment and pick up status;

g.   Be rude with the customers; and/or

h.  Violate the delivery terms.

i.    Take any kind of unwarranted allowances such as tips from the buyers.

12.19 Change in Policy: The website created and controlled by Maneraa and Maneraa reserves the right to make any changes  to  the  website  and  the  terms,  conditions  and  disclaimers  at  any  time  without  prior information to the customers or users of the services. Sellers are bound to understand the terms and conditions before accessing to Maneraa.com and using the service provided by Maneraa. Seller continuous use of the site after the revising the terms and conditions will be consider as Seller acceptance of the said revised terms and conditions.

 

12.20 DISCLAIMER: THIS DISCLAIMER SHALL BE APPLICABLE TO ANY PERSON, COMPANY, INDIVIDUAL OR ENTITY WHO HAS ENTERED INTO THIS MANERAA AGREEMENT AND OTHER RELATED SERVICES PROVIDED HEREIN. THE INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS HAVE BEEN PROVIDED  SPECIFICALLY  FOR  THE  PURPOSE  OF  OFFERING  THE  SERVICES  MENTIONED  IN  THIS MANERAA AGREEMENT AND THE SAME IS ACKNOWLEDGED AND DULY SIGNED BY SELLER. MANERAA DOES NOT HAVE ANY METHOD TO ASSESS OR VERIFY THE VERACITY OF INDIVIDUAL'S OR  ENTITY'S  OR  THIRD  PARTY'S  PRODCUCT  AND  SERVICES  WHICH  ARE  OFFERED  UNDER  THIS AGREEMENT. SELLER FURTHER AGREE AND ACKNOWLEDGE THAT SELLER ALONE SHALL BE  HELD  RESPONSIBLE  FOR  ANY  PROFIT  OR  LOSS  INCURRED  DURING  THE  TERM  OF  THIS AGREEMENT.

MANERAA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SELLER EXPRESSLY AGREE THAT SELLER USE OF THIS SITE IS AT SELLER SOLE RISK. 

 

ENJOY SELLING!!!