Terms and Conditions – Digitalis Systems
DS e-commerce solution – “Startup” and “Enterprise” Services shall be open to all merchants who wants to build their online business
Under this service, a dedicated Category account manager shall be made available for the merchants to help them grow their online sales and manage day to day business processes/activities by suggesting customized solutions based on merchant’s business life cycle.
DS e-commerce solution will be provided for a period for 3 months depending upon the service purchased by the merchant.
DS e-commerce solution “Startup” and “Enterprise” will be an provided by a designated Account Manager from DS Systems who shall assist the sellers on the Services “Startup” and “Enterprise” Account Manager will assist you in registration, maintaining Catalogue hygiene, inventory management, provide you with sourcing and pricing guidance, orders processing and in many other ways through operational support.
Merchant recognizes and agrees that DS Systems will not have any implications or liability nor will it be bound by any warranties, promises, projections, assurances, representations or guarantees whatsoever to the Merchant about future prospects or earnings, or that Merchant will earn assured returns, as a result of such services being availed by the Merchant. It must be noted that Services rendered would construe to be mere advices and suggestions to the merchant and it shall be the Merchant’s sole discretion to accept or neglect them at his/her sole risk and liability.
Any earnings or income statements, or any earning or income examples, are only estimates of what the DS e-commerce solution and other standalone services like emailing servers, servers and GPS tracking devices predict that the Merchant could earn. There is no assurance or guarantee that the Merchant will perform accordingly or achieve the projections as stated in any illustrations/ examples. If the Merchant relies upon any figures provided, Merchant accepts the entire risk of not earning returns as per the assistance/information provided as the assistance/information would merely be advisory in nature.
DS e-commerce solution “Startup” and “Enterprise” Service only provides support and guidance to the merchants from their allocated Account Manager. Purchasing this service does not guarantee any sales or returns. Through this service, DS Systems can only guide merchants to get more orders.
Account Manager will be available on call and mail on all working days as per company’s calendar during office timings.
This is a prepaid service and merchant will have to make the payment in advance to avail this service and no refunds including but not limiting to any pro rata refund for cancelation of services before completion of service period shall be allowed.
The duration of the service will be 90 calendar days based on the package purchased by the merchant.
DS Systems reserves the right to change or withdraw the terms and conditions of the aforementioned service package without prior notice. Merchants who avail this service accept and acknowledge the terms of the present document and are also bound by the terms & conditions and the policies & rules envisaged on the website digitalissystem.com in addition to the MoU accepted by the Merchant upon registration on the website. In event of any conflict between the present document and the Policies and rules displayed on the website, the content of the Policies and Rules shall prevail.
Being an Intermediary under the IT Act, DS Systems will merely be providing such services as an advisory body in order to assist the merchants to gain more business. DS Systems will not liable for any loss or damage that might arise in relation to these services, including but not limited to the Merchant’s reliance on the quality, accuracy or assurances (including the information supplied by the DS Systems’ Account Manager) or metrics found on, used on or made available through the website or the Merchant Panel.
Merchant shall not be eligible to avail Category Management Services without registering himself as a Merchant on www.digitalissystem.com. If any DS Systems’ representative or any third party reaches out to the merchant and offers to provide the Merchant with such services outside of this engagement or offline, Merchant must not agree to the same and notify DS Systems of the occurrence immediately.
The Merchant or any of its affiliates, Subsidiaries, to the knowledge of the Merchant , any of its officers , directors or employees has not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law and other laws (including the U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws or if it has reasonable suspicion of the existence of such conduct, it shall immediately inform the other party of such knowledge and if requested by the other party, provide to the other party information it may reasonably require regarding such conduct. DS Systems shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the Merchant of the representation and warranty given hereinabove.
Any dispute relating arising shall be settled amicably by the parties (Merchant & DS Systems) and failing which either Party shall be entitled to refer the dispute to the sole arbitrator to be mutually appointed by the Parties. The arbitration proceedings shall be conducted in Delhi and the same shall be governed by the provisions of the Arbitration & Conciliation Act, 1996 and any statutory modification as may be then in force. The language of arbitration shall be English.