Terms and Conditions

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RaceWinMart Social Commerce Platform

1. Definitions

The following terms, when used in these Terms of Service, shall have the meanings ascribed to them below:

1.1 "Services"

Refers to all the functionalities, tools, applications, and other offerings provided by Racewin Mart Pvt. Ltd. to assist businesses in creating, managing, and optimizing their online stores. This includes, but is not limited to:

  • E-Commerce Platform: The software-as-a-service (SaaS) tools enabling merchants to create and customize online stores.
  • Payment Integration: Services facilitating payment transactions through third-party payment gateways.
  • Shipping and Logistics Tools: Features for managing orders, tracking shipments, and integrating with courier services.
  • Marketing and Analytics Tools: Insights, campaigns, and tools designed to enhance user engagement, sales performance, and customer retention.
  • Support Services: Customer service, technical assistance, and knowledge base resources provided to users.

1.2 "Account"

The unique profile that a user registers with Racewin Mart to access and use the Services. An Account includes user credentials (username and password), contact details, payment preferences, and business-specific configurations. It is mandatory to maintain an active Account to use the platform.

1.3 "User" or "You"

Refers to any individual or legal entity that accesses or uses the Services provided by Racewin Mart.

  • Merchant/Store Owner: A specific category of users who operate an online store on the platform.
  • Customer: End-users or consumers who interact with and purchase from stores created using the Racewin Mart platform.

1.4 "Primary Email Address"

The email address provided during Account registration, used for critical communications, password recovery, and transactional notifications. It is the user’s responsibility to ensure this email address remains active and accessible.

1.5 "Materials"

All content and intellectual property uploaded, shared, or generated by the user on the platform. Materials include, but are not limited to:

  • Product Content: Descriptions, images, videos, and specifications of items sold by merchants.
  • Branding Assets: Logos, trademarks, slogans, and other branding-related elements.
  • Marketing Materials: Ads, banners, social media posts, and other promotional content.

1.6 "Subscription Plan"

The pricing structure selected by the user to access Racewin Mart’s Services. Subscription Plans may include:

  • Free or trial accounts with limited features.
  • Paid plans with advanced features like additional storage, enhanced analytics, or premium support.

1.7 "Payment Gateway"

A third-party service integrated with the Racewin Mart platform that facilitates secure online payment processing. Examples include Razorpay, cash free. These services allow merchants to receive payments via credit cards, debit cards, UPI, wallets, and other methods.

1.8 "Platform"

The entirety of the Racewin Mart ecosystem, including the website, mobile applications, APIs, backend infrastructure, and associated tools that collectively enable the provision of Services.

1.9 "Customer Data"

All information collected from end-users who interact with the merchant’s store on the platform. This includes personal data (name, contact details), payment information, order history, and any other user-specific data collected during transactions. Merchants are responsible for the ethical and lawful use of Customer Data in accordance with applicable laws.

1.10 "Racewin Mart IP"

All intellectual property owned or licensed by Racewin Mart, including, but not limited to:

  • Platform Code: The software and algorithms powering the platform.
  • Trademarks and Logos: Branding elements owned by Racewin Mart.
  • Proprietary Features: Unique tools, analytics, and integrations developed by Racewin Mart.

1.11 "Third-Party Services"

Services, applications, or tools not owned by Racewin Mart but integrated into the platform for enhanced functionality. These may include, but are not limited to:

  • Payment gateways (e.g., Razorpay, PayPal).
  • Shipping and logistics providers (e.g., Ship Mozo, Delhivery).
  • Marketing tools (e.g., Google Analytics, Facebook Ads).

1.12 "Confidential Information"

Any non-public, sensitive, or proprietary information disclosed between the user and Racewin Mart in the course of using the platform. Examples include trade secrets, pricing models, personal data, and business strategies.

1.13 "Order"

The purchase made by an end-customer via a store operated on the Racewin Mart platform. An Order includes details like:

  • Product or service purchased.
  • Customer details (name, address, contact).
  • Payment and shipping information.

1.14 "Force Majeure"

Circumstances beyond the reasonable control of either party that prevent the fulfillment of obligations under this agreement. Examples include natural disasters, war, pandemics, government restrictions, and cyberattacks.

1.15 "Applicable Laws"

All legal, regulatory, and compliance frameworks governing the operations of Racewin Mart and its users, including but not limited to:

  • The Information Technology Act, 2000.
  • The Consumer Protection Act, 2019.
  • The Goods and Services Tax (GST) regulations.
  • The Personal Data Protection Bill, 2019 (or any updates to privacy laws).

1.16 "Term"

The duration for which these Terms of Service apply, beginning from the date of acceptance and continuing until the user ceases to use the Services or until the agreement is terminated.

1.17 "Arbitration"

A legal mechanism to resolve disputes under these Terms, involving the appointment of an impartial arbitrator whose decision is legally binding on both parties.

2. Account Terms

The Account Terms section outlines the rules, responsibilities, and conditions for creating and maintaining an account with Racewin Mart Pvt. Ltd. Below is a detailed version:

2.1 Eligibility Requirements

To create an account and use the Services provided by Racewin Mart, you must meet the following criteria:

  • Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction.
  • Legal Authority: If registering on behalf of a business, you must have the authority to bind that business to these Terms of Service.
  • Compliance with Laws: You must not be prohibited by law from accessing or using the Services.

2.2 Account Registration

To access the platform, you must register an account by providing accurate and up-to-date information. This includes:

  • Full Name (of the individual or business).
  • Contact Details (email address and phone number).
  • Business Details (store name, business type, GSTIN if applicable).
  • Payment Information (to enable subscription payments and other transactions).

2.3 Account Responsibility

By registering for an account, you agree to:

  • Maintain the confidentiality of your account credentials, including your password.
  • Notify Racewin Mart immediately of any unauthorized use of your account.
  • Ensure that all activities conducted through your account comply with these Terms and Applicable Laws.
  • Use a secure and updated email address as the Primary Email Address for receiving critical communications.

2.4 Account Types

Racewin Mart may offer multiple types of accounts based on user needs, including:

  1. Merchant Accounts: For users managing and operating e-commerce stores.
  2. Administrator Accounts: Accounts with full control over platform features and user management.
  3. Sub-Accounts: Limited-access accounts for team members, created and managed by the Merchant.

2.5 Account Ownership

  • The individual or business listed as the Account Owner at the time of registration retains full ownership and control over the account.
  • Any disputes over ownership will be resolved by Racewin Mart based on account activity, payment details, and provided documentation.

2.6 Subscription and Fees

  • Users must select a Subscription Plan to activate their account.
  • Subscription fees are charged in accordance with the chosen plan.
  • Failure to pay subscription fees may result in suspension or termination of the account.
  • All payments must be made using valid and authorized payment methods.

2.7 Account Limitations

  • Prohibited Content: Accounts cannot be used to host or sell prohibited, illegal, or restricted items, such as counterfeit goods, weapons, or explicit materials.
  • Service Restrictions: Certain features or integrations may only be available based on subscription level or geographic location.

2.8 Multiple Accounts

  • Users are prohibited from creating multiple accounts for the same business without prior approval from Racewin Mart.
  • Abuse of multiple accounts may lead to suspension or permanent ban of all associated accounts.

2.9 Transfer of Accounts

  • Accounts are personal to the registered user or business and cannot be transferred, sold, or reassigned without prior written consent from Racewin Mart.
  • In case of business mergers or acquisitions, the Account Owner must notify Racewin Mart to facilitate a proper transfer.

2.10 Termination of Account

  • You may terminate your account at any time by contacting Racewin Mart’s support team.
  • Racewin Mart reserves the right to terminate accounts for violations of these Terms, misuse of Services, or inactivity for a specified period (as detailed in the Inactivity Policy).
  • Upon termination, all stored data, materials, and configurations will be deleted, except where retention is required by law.

2.11 Account Security

  • Users are responsible for implementing proper security measures, such as enabling two-factor authentication (if supported).
  • Racewin Mart will not be liable for any losses resulting from unauthorized access to your account caused by your failure to secure credentials.

2.12 Accuracy of Information

You agree to provide and maintain accurate, current, and complete information during registration and throughout your use of the Services. Misrepresentation or provision of false information may result in:

  1. Immediate suspension of the account.
  2. Reporting of fraudulent activity to relevant authorities.

2.13 Communication and Notices

  • All communications regarding your account will be sent to your Primary Email Address.
  • You are responsible for ensuring that Racewin Mart emails are not blocked or sent to spam folders.
  • Critical notifications, such as billing updates or security alerts, must be promptly acknowledged by the user.

2.14 Compliance Obligations

  • Users are solely responsible for ensuring that their use of the platform complies with local, regional, and international laws, including:
    • Tax obligations (e.g., GST, VAT).
    • Privacy regulations (e.g., GDPR, CCPA).
    • Business licensing requirements.

2.15 Changes to Account Terms

Racewin Mart reserves the right to modify these Account Terms with prior notice. Continued use of the account constitutes acceptance of updated terms.

3. Use of Services

The Use of Services section outlines the terms, responsibilities, and restrictions associated with utilizing Racewin Mart Pvt. Ltd.’s services. This section is designed to ensure compliance with applicable laws, safeguard the platform, and protect the interests of both Racewin Mart and its users. Below is a detailed breakdown:

3.1 Permitted Use

Users are allowed to use Racewin Mart’s Services under the following conditions:

  1. Commercial Purpose:
    • Services must be used solely for legitimate business purposes, such as operating an online store, managing transactions, or enhancing customer engagement.
    • Personal, family, or non-commercial use is strictly prohibited.
  2. Legal Compliance:
    • Users must adhere to all relevant local, national, and international laws, including but not limited to:
      • The Consumer Protection (E-Commerce) Rules, 2020 for online retail in India.
      • Tax regulations such as GST or VAT.
    • Ensure that all products, services, and materials sold or shared through the platform comply with applicable laws.

3.2 Prohibited Activities

The following activities are expressly forbidden:

  1. Content Violations:
    • Uploading or sharing illegal, obscene, defamatory, or otherwise prohibited content.
    • Posting false or misleading information about products or services.
  2. Platform Exploitation:
    • Reverse-engineering, copying, or modifying Racewin Mart’s software, design, or services.
    • Circumventing Racewin Mart’s checkout process or fee structure.
  3. Automated Tools:
    • Use of unauthorized bots, scrapers, or other automated tools to access or manipulate data on the platform.
    • Overloading the system with excessive API calls or transactions.
  4. Security Breaches:
    • Attempting to hack, infiltrate, or bypass platform security measures.
    • Hosting, uploading, or distributing malicious software, viruses, or ransomware.
  5. Unfair Competition:
    • Utilizing Racewin Mart to gather proprietary data for use in competing platforms.
    • Misusing confidential information or intellectual property of other users or the company.

3.3 Product Listings and Content Standards

Users are required to ensure that their product listings and store content adhere to the following guidelines:

  1. Accuracy:
    • All product descriptions, images, and specifications must be accurate, clear, and truthful.
    • Misleading claims or exaggerations about a product’s quality, origin, or functionality are prohibited.
  2. Prohibited Items:
    • Items that violate legal, ethical, or safety standards are not allowed, such as:
      • Counterfeit goods.
      • Weapons, explosives, or hazardous materials.
      • Narcotics or controlled substances.
  3. Cultural Sensitivity:
    • Content must respect local customs and avoid promoting hate speech, violence, or discrimination.

3.4 User Conduct

Users are expected to:

  1. Act in Good Faith:
    • Avoid practices that harm the reputation or operational integrity of Racewin Mart.
    • Foster fair competition and avoid unfair trade practices.
  2. Respect Other Users:
    • Avoid harassment, abuse, or defamatory actions toward other merchants, customers, or Racewin Mart staff.
    • Respect intellectual property and proprietary rights of third parties.
  3. Maintain Professionalism:
    • Provide clear refund, exchange, and shipping policies.
    • Respond promptly to customer queries and complaints.

3.5 Account and Transaction Monitoring

To ensure a safe and fair environment, Racewin Mart reserves the right to monitor user activity, including:

  1. Transaction Data:
    • Monitor the volume and nature of transactions for fraud detection or compliance purposes.
    • Report suspicious transactions to regulatory authorities, if required by law.
  2. Content Review:
    • Review uploaded content for violations of platform policies or applicable laws.
    • Remove or restrict access to content that violates these Terms.
  3. Usage Patterns:
    • Analyze account usage to identify potential abuse, such as artificial inflation of traffic or malicious activities.

3.6 Third-Party Integrations

Racewin Mart integrates with third-party services such as payment gateways, shipping providers, and marketing tools. Users must:

  1. Abide by Third-Party Terms:
    • Comply with the policies and terms of any third-party services integrated into the platform.
    • Racewin Mart is not liable for service interruptions or damages caused by these external providers.
  2. Enable Data Sharing:
    • Allow necessary data sharing between Racewin Mart and third-party providers to facilitate smooth operations.
    • Ensure data privacy practices are upheld in compliance with applicable laws.

3.7 Data Handling and Privacy Obligations

Users are responsible for:

  1. Customer Data:
    • Securely storing and processing any customer information collected through their store.
    • Avoiding unauthorized sharing or selling of customer data.
  2. Data Integrity:
    • Ensuring that all uploaded data is free from corruption, duplication, or malicious intent.
    • Regularly updating product information to maintain accuracy.

3.8 Compliance with Platform Policies

Racewin Mart enforces additional policies to maintain the platform’s integrity, including:

  1. Acceptable Use Policy (AUP):
    • Guidelines that govern permissible content and activities on the platform.
    • Violations may result in immediate account suspension.
  2. Privacy Policy:
    • Rules regarding the collection, use, and sharing of user data.
    • Users must acknowledge and adhere to these privacy practices.

3.9 Suspension or Restriction of Services

Racewin Mart reserves the right to suspend or limit access to its Services if:

  1. Terms Violation:
    • Users breach any of the conditions outlined in these Terms.
  2. Legal Obligations:
    • Authorities mandate suspension due to unlawful activities associated with the account.
  3. Risk Mitigation:
    • Activities pose a risk to other users, Racewin Mart, or third-party providers.

3.10 Disclaimer of Liability

Users acknowledge that Racewin Mart provides its Services on an “as is” and “as available” basis. Racewin Mart is not responsible for:

  • Loss of revenue due to platform outages or technical errors.
  • Legal disputes arising from user-generated content or transactions.
  • Damages caused by misuse of the platform or third-party integrations.

4. Payment Processing and Transactions

The Payment Processing and Transactions section provides a comprehensive outline of the rules, mechanisms, and safeguards governing monetary transactions on the Racewin Mart platform. This section ensures transparency, security, and accountability for both merchants and customers. Below is a detailed explanation:

4.1 Payment Mechanisms

Racewin Mart enables seamless payment processing through the integration of multiple payment methods to accommodate diverse customer needs.

  1. Supported Payment Methods:
    • Credit and Debit Cards: Visa, MasterCard, RuPay, and other major networks.
    • Net Banking: Direct payments through affiliated banks.
    • UPI (Unified Payments Interface): Instant transactions using UPI-enabled apps.
    • Digital Wallets: Integration with popular wallets like Paytm, PhonePe, and Google Pay.
    • Cash on Delivery (COD): Optional method where available, subject to merchant and logistics constraints.
  2. Currency Support:
    • Transactions are processed in Indian Rupees (INR) unless specified otherwise.
    • Conversion fees may apply for international customers, depending on payment provider policies.

4.2 Merchant Account Setup

To facilitate payments, merchants are required to establish a payment processing account.

  1. Account Requirements:
    • A verified merchant account linked to a valid bank account.
    • Submission of necessary KYC (Know Your Customer) documents, including PAN, Aadhaar, or business registration certificates.
  2. Third-Party Payment Processors:
    • Payments are processed through trusted third-party gateways, such as Razorpay, PayU, or Stripe.
    • Merchants must agree to the terms and conditions of these providers during account setup.

4.3 Transaction Flow

  1. Order Placement:
    • When a customer places an order, the payment is securely captured through the selected payment method.
  2. Authorization and Verification:
    • Payments are subject to authorization by the issuing bank or payment provider.
    • Fraud detection mechanisms, such as OTP (One-Time Password) verification, are implemented.
  3. Settlement:
    • Funds are transferred to the merchant's account after deducting applicable service fees and taxes.
    • Settlement timelines typically range from 2 to 7 business days, depending on the payment method.

4.4 Service Fees and Charges

Racewin Mart charges a nominal fee for facilitating transactions on the platform.

  1. Transaction Fees:
    • A percentage-based fee (e.g., 2%-3%) on the transaction value, depending on the payment method used.
    • Flat processing fees for certain methods, such as UPI or wallets.
  2. Payout Fees:
    • A nominal charge for transferring settled amounts to the merchant’s bank account.
  3. Refund Handling Charges:
    • Refunds may incur processing fees, which can be passed on to the merchant, depending on platform policies.

4.5 Taxes and Compliance

  1. Tax Deduction:
    • GST (Goods and Services Tax) is applied to applicable fees and must be accounted for in the merchant’s filings.
    • Tax Deducted at Source (TDS) may apply to income generated through Racewin Mart.
  2. Merchant Responsibility:
    • Merchants are responsible for calculating, collecting, and remitting taxes on their sales.
    • Tax reports and invoices are available in the merchant dashboard to assist with compliance.

4.6 Security Measures

Racewin Mart employs robust security protocols to safeguard transactions.

  1. Encryption:
    • All payment data is encrypted using SSL (Secure Sockets Layer) to prevent unauthorized access.
  2. PCI DSS Compliance:
    • Payment processing adheres to the Payment Card Industry Data Security Standards for secure handling of cardholder information.
  3. Fraud Detection:
    • Advanced algorithms monitor transactions for anomalies, such as unusual spending patterns or mismatched billing information.

4.7 Refunds and Chargebacks

  1. Refund Policy:
    • Customers can request refunds for eligible transactions based on the merchant’s return and refund policies.
    • Refunds are processed through the original payment method within 5-10 business days.
  2. Chargebacks:
    • In the event of disputed transactions, customers may file chargebacks through their payment provider.
    • Merchants will be notified and required to provide evidence to resolve disputes.

4.8 Payment Disputes

  1. Resolution Process:
    • Disputes are addressed through a structured process involving customers, merchants, and Racewin Mart’s support team.
    • Evidence such as order confirmation, delivery receipts, and correspondence may be required.
  2. Escalation:
    • Unresolved disputes can be escalated to third-party payment processors or legal authorities if necessary.

4.9 Limitations and Liabilities

  1. Platform Role:
    • Racewin Mart acts as a facilitator for payment transactions and is not directly involved in fund transfer between customers and merchants.
    • Any delays or errors caused by payment providers are beyond Racewin Mart’s control.
  2. Liability Cap:
    • Racewin Mart’s liability for payment-related issues is limited to the amount of service fees collected for the transaction in question.

4.10 Termination or Suspension of Payment Services

  1. Non-Compliance:
    • Payment services may be suspended or terminated if a merchant is found in violation of platform policies or applicable laws.
  2. Fraudulent Activity:
    • Accounts involved in fraudulent transactions may be permanently banned, and funds withheld pending investigation.
  3. Notice Period:
    • Merchants will be given reasonable notice prior to suspension, except in cases of immediate risk to customers or the platform.

4.11 Disclaimer

  1. No Guarantee of Continuous Availability:
    • While Racewin Mart strives for uninterrupted payment services, occasional downtimes may occur due to maintenance or unforeseen circumstances.
  2. User Responsibility:
    • Merchants and customers are responsible for ensuring accurate information (e.g., bank account details) to avoid transaction errors.

 

5. Data Privacy and Security

The Data Privacy and Security section outlines Racewin Mart's commitment to protecting the personal and sensitive information of all users, including merchants and customers. It ensures compliance with data protection laws and establishes guidelines for the collection, use, storage, and security of data. Below is a detailed explanation:

5.1 Data Collection

Racewin Mart collects information necessary for providing its services effectively.

  1. Types of Data Collected:
    • Personal Information: Name, address, phone number, email, and date of birth.
    • Payment Information: Credit/debit card details, UPI IDs, and bank account information.
    • Transaction Details: Purchase history, order details, and payment amounts.
    • Technical Data: Device identifiers, IP addresses, browser types, and cookies.
    • Location Data: GPS location for delivery services and location-specific recommendations.
  2. Sources of Data Collection:
    • Information provided directly by users (e.g., during registration, checkout, or feedback).
    • Automatic data collection through cookies and tracking technologies.
    • Third-party integrations, such as payment processors or social media platforms.

5.2 Purpose of Data Usage

Racewin Mart uses collected data to provide, improve, and personalize its services.

  1. Operational Purposes:
    • Processing orders, payments, and refunds.
    • Managing user accounts and preferences.
    • Communicating order status and updates.
  2. Improvement of Services:
    • Analyzing user behavior to improve features and user experience.
    • Personalizing product recommendations and marketing campaigns.
  3. Security and Fraud Prevention:
    • Monitoring suspicious activities to detect and prevent fraud.
    • Verifying user identity during account setup and transactions.
  4. Legal Compliance:
    • Meeting obligations under applicable laws, including tax, consumer protection, and data privacy regulations.

5.3 Data Sharing and Disclosure

Racewin Mart only shares user data under specific conditions to ensure service efficiency while maintaining user trust.

  1. Third-Party Service Providers:
    • Sharing data with logistics providers, payment gateways, and marketing agencies to facilitate services.
  2. Business Transactions:
    • Data may be transferred in cases of mergers, acquisitions, or sale of business assets, with prior notice to users.
  3. Legal Obligations:
    • Disclosure of information in response to legal requests, such as subpoenas, court orders, or government regulations.
  4. Consent-Based Sharing:
    • User data may be shared with third parties only with explicit consent, e.g., promotional collaborations.

5.4 Data Retention Policy

  1. Retention Period:
    • Personal data is retained for as long as necessary to fulfill the purposes outlined in this policy or comply with legal requirements.
    • Transaction records are retained for accounting and tax compliance.
  2. Deletion Requests:
    • Users can request the deletion of their personal data unless it is required to be retained by law or for legitimate business interests.

5.5 Security Measures

Racewin Mart employs industry-standard practices to protect data from unauthorized access, breaches, and misuse.

  1. Encryption:
    • Sensitive information, such as payment details, is encrypted using SSL (Secure Sockets Layer).
  2. Access Control:
    • Restricted access to user data, limited to authorized personnel and systems.
  3. Regular Audits:
    • Periodic security audits to identify vulnerabilities and enhance protection measures.
  4. Data Backup and Recovery:
    • Routine backups and disaster recovery mechanisms to ensure data availability in case of technical failures.

5.6 User Rights

Racewin Mart ensures that users retain control over their personal data by providing the following rights:

  1. Right to Access:
    • Users can request access to their personal data and details of its processing.
  2. Right to Rectification:
    • Users can correct inaccurate or incomplete personal information.
  3. Right to Erasure (Right to Be Forgotten):
    • Users can request the deletion of their data, subject to legal exceptions.
  4. Right to Data Portability:
    • Users can request a copy of their data in a structured, machine-readable format.
  5. Right to Restrict Processing:
    • Users can request limitations on how their data is used.

5.7 Data Breach Notification

Racewin Mart is committed to transparency in the event of a data breach.

  1. Notification Timeline:
    • Users will be notified of a data breach within 72 hours if it poses a high risk to their rights or freedoms.
  2. Mitigation Measures:
    • Immediate steps will be taken to address vulnerabilities and minimize impact.
  3. Regulatory Reporting:
    • Significant breaches will be reported to data protection authorities as required by law.

5.8 Compliance with Data Protection Laws

Racewin Mart adheres to applicable data protection regulations to ensure user trust and legal compliance.

  1. Indian Laws:
    • Complies with the Information Technology Act, 2000, and related rules on data protection.
  2. Global Standards:
    • Follows principles of the General Data Protection Regulation (GDPR) where applicable, ensuring transparency and accountability.

5.9 Use of Cookies and Tracking Technologies

  1. Purpose:
    • Cookies are used to enhance the user experience by remembering preferences and enabling features like auto-login and personalized recommendations.
  2. Types of Cookies:
    • Essential cookies for basic functionality.
    • Analytics cookies for tracking user behavior.
    • Advertising cookies for targeted marketing.
  3. Opt-Out Options:
    • Users can manage cookie preferences through browser settings or Racewin Mart’s cookie consent tool.

5.10 User Responsibilities

  1. Maintaining Account Security:
    • Users must ensure strong passwords and safeguard login credentials.
  2. Avoiding Phishing Scams:
    • Users should verify the authenticity of communications claiming to be from Racewin Mart.
  3. Updating Information:
    • Users should promptly update account details to ensure accuracy.

5.11 Limitations of Liability

While Racewin Mart employs best practices to protect data, users are informed of the following:

  1. No Absolute Guarantee:
    • No system is immune to breaches, and Racewin Mart cannot guarantee absolute data security.
  2. Third-Party Risks:
    • Racewin Mart is not responsible for data mishandling by third-party services beyond its control.

5.12 Amendments to Privacy Policy

  1. Periodic Updates:
    • The privacy policy may be updated to reflect changes in laws or business practices.
  2. Notification of Changes:
    • Users will be informed of significant changes via email or platform notifications.

6. Intellectual Property

The Intellectual Property section establishes the ownership, rights, and restrictions related to the content, trademarks, and other proprietary materials associated with Racewin Mart and its services. Below is a detailed explanation:

6.1 Ownership of Intellectual Property

  1. Platform Content:
    • All content on the Racewin Mart platform, including but not limited to text, graphics, images, designs, icons, logos, videos, audio clips, software, and interfaces, is owned or licensed by Racewin Mart.
    • These materials are protected under intellectual property laws, including copyright, trademark, and patent laws.
  2. Trademarks:
    • The Racewin Mart name, logo, slogans, and related branding elements are registered trademarks or trademarks of Racewin Mart. Unauthorized use of these trademarks is prohibited.
    • Any third-party trademarks displayed on the platform are the property of their respective owners and are used with permission or under applicable laws.
  3. Custom Code and Software:
    • Racewin Mart owns or licenses the underlying software, algorithms, and technology used in the operation of the platform, including proprietary e-commerce solutions and integrations.

6.2 User-Generated Content

  1. Definition:
    • User-generated content refers to any material created and uploaded by users, such as product reviews, ratings, comments, images, and other submissions.
  2. License Grant:
    • By submitting content to Racewin Mart, users grant a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display their content.
    • This license allows Racewin Mart to feature user content on its platform and for promotional or analytical purposes.
  3. User Responsibility:
    • Users must ensure that the content they submit does not infringe on the intellectual property rights of third parties.
    • Racewin Mart reserves the right to remove user content that violates intellectual property laws or its terms of service.

6.3 Restrictions on Use

  1. Prohibited Activities:
    • Users are not allowed to copy, reproduce, distribute, modify, or create derivative works based on the platform's content or underlying technology without explicit permission from Racewin Mart.
    • Reverse engineering, decompiling, or attempting to extract the source code of any Racewin Mart software is strictly prohibited.
    • Using automated systems like bots to access, extract, or index the platform’s content without authorization is forbidden.
  2. Fair Use Exceptions:
    • Limited use of the platform’s content for personal, non-commercial purposes is permitted, provided no proprietary notices or trademarks are removed.
    • Use of the platform’s intellectual property under applicable fair use laws (e.g., criticism, research, commentary) is allowed, subject to limitations.

6.4 Third-Party Intellectual Property

  1. Marketplace Content:
    • Merchants and vendors on Racewin Mart may list products containing third-party intellectual property (e.g., brand logos, copyrighted designs).
    • Merchants are solely responsible for ensuring that they have the right to use and display such intellectual property.
  2. Claims of Infringement:
    • Racewin Mart does not verify the ownership of third-party intellectual property for products listed on the platform but responds promptly to legitimate claims of infringement (see Section 6.7)

6.5 Use of Licensed Materials

  1. Permission-Based Usage:
    • Users, merchants, and vendors may use Racewin Mart’s intellectual property for marketing and promotional purposes only with prior written consent.
  2. Third-Party Agreements:
    • Racewin Mart may enter licensing agreements with third-party providers for the use of certain content or software integrated into its platform. These agreements are governed by separate terms.

6.6 Intellectual Property Policy

  1. Education and Awareness:
    • Racewin Mart provides guidance to merchants and users to help them understand intellectual property laws and avoid violations.
  2. Monitoring:
    • Racewin Mart reserves the right to monitor listings, advertisements, and other user-submitted content to identify and address potential intellectual property violations.

6.7 Copyright Infringement Claims

Racewin Mart adheres to established copyright laws and provides a process for addressing infringement claims.

  1. Reporting Infringements:
    • If an individual or entity believes their copyrighted work has been used without authorization, they may submit a complaint to Racewin Mart. Complaints must include:
      • The complainant's contact information.
      • Identification of the copyrighted work allegedly infringed.
      • Details of the infringing content, including its location on the platform.
      • A statement of good faith belief that the use of the material is unauthorized.
      • An attestation of accuracy under penalty of perjury.
  2. Response to Complaints:
    • Upon receiving a valid complaint, Racewin Mart may remove or disable access to the infringing content and notify the user or merchant responsible.
    • Repeat offenders may face account suspension or termination.
  3. Counter-Claims:
    • Users who believe their content was removed in error may file a counter-notice, providing evidence of their rights to use the material.

6.8 Violation Consequences

  1. Account Suspension:
    • Users or merchants found violating intellectual property policies may face temporary or permanent suspension of their accounts.
  2. Legal Action:
    • Racewin Mart reserves the right to pursue legal remedies for unauthorized use of its intellectual property or repeated infringement by users.
  3. Indemnification:
    • Users and merchants agree to indemnify Racewin Mart against any claims or damages arising from their violation of intellectual property rights.

6.9 Updates to Intellectual Property Terms

Racewin Mart may update its intellectual property terms as required by changes in law, technology, or business practices.

  1. Notification of Updates:
    • Users will be notified of significant updates to this section via email or platform announcements.
  2. Continued Use:
    • By continuing to use the platform after updates, users agree to the revised terms.

7. Third-Party Services

The Third-Party Services section addresses the involvement of external providers in Racewin Mart's operations and clarifies the roles, responsibilities, and limitations regarding such services. Below is a detailed explanation:

7.1 Definition of Third-Party Services

  1. What Are Third-Party Services?
    • Third-party services refer to any external entities or providers offering tools, integrations, applications, or functionalities that complement or are embedded within the Racewin Mart platform.
    • Examples include:
      • Payment gateways (e.g., PayPal, Stripe).
      • Shipping and logistics partners.
      • Marketing and advertising platforms.
      • Customer support tools (e.g., chatbots).
      • Cloud hosting and data storage services.

7.2 Use of Third-Party Services

  1. Integration into the Platform:
    • Racewin Mart integrates third-party services to enhance user experience, streamline operations, and provide specialized functionalities. For example:
      • Payment gateways ensure secure and diverse transaction options.
      • Analytics tools improve data-driven decision-making.
  2. Optional User Engagement:
    • Certain third-party services may be optional, such as marketing integrations or specific add-ons for merchants. Users and merchants may opt to use or bypass these services based on their needs.
  3. Independent Services:
    • Third-party services operate independently from Racewin Mart, even when accessed through the platform.
    • Users may need to accept separate terms of service or privacy policies for such services.

7.3 Responsibility and Liability

  1. Racewin Mart’s Role:
    • While Racewin Mart integrates and facilitates access to third-party services, it does not own or control them.
    • Racewin Mart is not responsible for the accuracy, reliability, or availability of third-party services.
  2. User Acknowledgment:
    • Users acknowledge and agree that their interactions with third-party services are at their own risk.
    • Racewin Mart will not be held liable for any damages, losses, or disruptions caused by third-party services.
  3. Merchant Responsibility:
    • Merchants who use third-party services for inventory management, marketing, or logistics are solely responsible for ensuring compliance with those services’ terms and for resolving any disputes that arise.

7.4 Payment and Transactions

  1. Third-Party Payment Gateways:
    • Payments made on the Racewin Mart platform may be processed through third-party gateways.
    • Users agree to the terms and conditions of the respective payment processors when completing transactions.
  2. Disputes and Refunds:
    • Disputes related to payments handled by third-party processors must be resolved with those providers. Racewin Mart may facilitate communication but cannot directly intervene in disputes.

7.5 Data Sharing with Third Parties

  1. Authorized Data Sharing:
    • Racewin Mart may share limited user data with third-party services to enable functionalities such as payment processing, shipping, or fraud prevention.
    • Data shared includes, but is not limited to:
      • Contact information (e.g., name, email, address).
      • Transaction details.
  2. Privacy Protections:
    • Racewin Mart ensures that data shared with third parties complies with its privacy policy and relevant laws, such as GDPR or CCPA.
  3. No Unauthorized Sharing:
    • Racewin Mart does not sell or share user data with third-party services for marketing or other purposes without explicit user consent.

7.6 Third-Party Application Store

  1. Marketplace for Apps:
    • Racewin Mart may offer an application store featuring third-party plugins, tools, and services to enhance merchant capabilities.
    • Merchants are responsible for evaluating and installing these applications at their discretion.
  2. Support and Maintenance:
    • Support for third-party applications is typically provided by the respective developers or providers, not by Racewin Mart.
  3. Risk of Use:
    • Racewin Mart does not guarantee the performance or security of third-party applications. Merchants should carefully review permissions and compatibility before installation.

7.7 Links to External Websites

  1. Embedded Links:
    • The platform may include links to third-party websites or services for informational or promotional purposes.
    • Clicking these links redirects users outside the Racewin Mart platform.
  2. External Content Disclaimer:
    • Racewin Mart is not responsible for the content, policies, or practices of linked third-party websites.
    • Users should exercise caution and review the terms of any external site they visit.

7.8 Monitoring and Review of Third-Party Services

  1. Service Vetting:
    • Racewin Mart conducts initial reviews of third-party services integrated into the platform to ensure compliance with quality standards and user safety.
  2. Ongoing Monitoring:
    • Racewin Mart regularly evaluates the performance and reliability of third-party services. Services that fail to meet standards may be removed or replaced.

7.9 Termination or Discontinuation

  1. Removal of Services:
    • Racewin Mart reserves the right to discontinue or replace third-party services at any time without prior notice.
    • Users and merchants are responsible for adjusting their operations if a service they rely on is terminated.
  2. No Liability for Discontinuation:
    • Racewin Mart is not liable for losses resulting from the termination of a third-party service.

7.10 Updates to Third-Party Service Terms

  1. Changes by Third Parties:
    • Racewin Mart cannot control changes to terms or policies made by third-party service providers.
    • Users and merchants are encouraged to stay informed about updates to the terms of third-party services they use.
  2. Notification of Platform Changes:
    • Racewin Mart will notify users of major changes to the integration or availability of third-party services.

7.11 Indemnification

  1. User Responsibility:
    • Users and merchants agree to indemnify Racewin Mart against claims, damages, or liabilities arising from their use of third-party services.
  2. Racewin Mart Protection:
    • Racewin Mart is not liable for disputes or damages resulting from the actions or failures of third-party providers.

7.12 User and Merchant Best Practices

  1. Due Diligence:
    • Users and merchants should thoroughly review the terms, fees, and functionality of third-party services before use.
  2. Testing:
    • Merchants should test third-party applications or integrations in a controlled environment before deploying them fully in their operations.

8. Dispute Resolution

The Dispute Resolution section is crucial in outlining how any legal or contractual disputes between Racewin Mart Pvt. Ltd. (“Racewin Mart”) and its users (merchants) will be addressed. It establishes clear procedures, responsibilities, and methods to resolve conflicts efficiently and fairly. This section helps both parties understand how disputes are handled to avoid misunderstandings and prolonged litigation.

Below is a detailed explanation of the Dispute Resolution process, structured to cover various scenarios, legal frameworks, and procedures involved:

8.1 Jurisdiction

  1. Governing Law:
    • The agreement between Racewin Mart and its users is governed by Indian law. This includes all applicable regulations, acts, and statutes enforced by the Indian government.
    • Specific laws governing online platforms, e-commerce, consumer protection, data privacy, and electronic transactions such as the Information Technology Act, 2000, Consumer Protection (E-Commerce) Rules, 2020, and the Goods and Services Tax Act will be applicable.
    • Any dispute, claim, or legal action arising out of or relating to the use of Racewin Mart's services, including any breach of these Terms, will be governed by these laws.
  2. Exclusive Jurisdiction of Courts:
    • Hyderabad, Telangana, India, shall have exclusive jurisdiction over all legal disputes concerning these Terms of Service and the services provided by Racewin Mart.
    • This means that any court proceedings, whether they involve commercial disputes, contractual breaches, or user complaints, will be heard and decided by the courts located in Hyderabad, Telangana.
  3. Location-Based Jurisdiction:
    • This provision ensures that both Racewin Mart and the users (merchants) agree that the venue for any legal proceedings will be in Hyderabad, irrespective of where the user or merchant is located in India or abroad.
    • However, for users located outside of India, jurisdiction may depend on the applicable international trade and commercial laws, subject to the agreement between both parties.

8.2 Arbitration

  1. Resolution via Arbitration:
    • In the event of a dispute arising between Racewin Mart and a merchant regarding these Terms of Service, the parties agree to attempt to resolve the dispute through arbitration before resorting to litigation.
    • Arbitration is a form of alternative dispute resolution (ADR) where an independent third party, called an arbitrator, is appointed to resolve the issue outside of court.
  2. Arbitration Process:
    • Initiation of Arbitration:
      • The process begins when either party (Racewin Mart or the merchant) provides written notice of the dispute to the other party.
      • Both parties will mutually select an arbitrator, or if they cannot agree, an arbitrator will be appointed according to the rules of the Arbitration and Conciliation Act, 1996 of India.
    • Location and Venue for Arbitration:
      • The arbitration will take place in Hyderabad, Telangana, India, unless both parties agree to an alternative location.
      • The language of arbitration will be English or Telugu, and the arbitration will be conducted in accordance with Indian arbitration law.
    • Arbitrator's Decision:
      • The arbitrator will issue a final and binding decision, which both parties agree to comply with.
      • The arbitrator’s decision will be enforceable in any court having jurisdiction.
  3. Binding Nature of Arbitration:
    • The arbitration award will be final and binding on both parties.
    • The decision made by the arbitrator(s) can only be appealed on limited grounds, such as fraud, lack of jurisdiction, or misconduct during the process, as permitted by the Arbitration and Conciliation Act, 1996.
  4. Costs of Arbitration:
    • The costs associated with arbitration (including the arbitrator's fees and administrative costs) will be borne equally by both parties, unless the arbitrator rules otherwise in their final decision.
    • However, each party will be responsible for their own legal and attorney fees unless otherwise specified.

8.3 Negotiation

  1. Informal Resolution:
    • Before initiating formal arbitration or court proceedings, Racewin Mart and the merchant agree to make good faith efforts to resolve the dispute through negotiation.
    • The parties will communicate directly, attempting to resolve the matter informally, within a reasonable time frame (usually 30 days).
    • If both parties agree, they may involve a mediator to assist in reaching an amicable settlement.
  2. Mediation Process (Optional):
    • Mediation may be a recommended first step before initiating arbitration. A neutral third-party mediator helps the disputing parties explore solutions, but unlike arbitration, the mediator cannot impose a decision on the parties.
    • If mediation is unsuccessful, the parties may proceed to arbitration or litigation as outlined in the Terms.

8.4 Injunctive Relief

  1. Urgent Relief:
    • In cases where one party believes that the dispute or the breach of the Terms could lead to irreparable harm (e.g., intellectual property infringement, data breach), they may seek injunctive relief from a court.
    • This allows the aggrieved party to request the court to issue an order to immediately stop certain actions or require the other party to take specific actions to avoid harm, even before the resolution of the entire dispute.
    • Injunctive relief may be pursued even during the negotiation or arbitration stages, if necessary, to protect the rights of the party requesting it.

8.5 Dispute Escalation

  1. Escalation Process:
    • In the event that a dispute cannot be resolved informally or through the negotiation process, the matter will be escalated for formal resolution via arbitration or litigation.
    • The escalation process may involve the appointment of a senior representative from Racewin Mart and the merchant to mediate or review the dispute before advancing to legal proceedings.
  2. Escalation Timeframe:
    • If the informal resolution process fails within 30 days of the first notification of the dispute, either party may escalate the matter to arbitration or legal action.

8.6 Class Action Waiver

  1. Waiver of Class Actions:
    • Both Racewin Mart and the merchant agree to waive their right to pursue disputes on a class action basis.
    • This means that any disputes arising from the use of the services must be resolved on an individual basis, and no party can join together with other parties to file a class action or representative action in any legal proceeding.
  2. Individual Claims:
    • Each party agrees that their dispute will only be addressed as an individual claim and will not include any claims from other users, merchants, or third parties.

8.7 Limitation on Time to Initiate Dispute

  1. Time Limits for Dispute Claims:
    • Any claims or disputes must be initiated within a reasonable time frame, generally within one (1) year from the date the cause of action arises.
    • Failure to initiate a dispute within this period will bar the claim, and neither Racewin Mart nor the merchant will be entitled to seek resolution for such issues.

8.8 Dispute Resolution Process Flow:

  1. Step 1: Informal Negotiation
    • Both parties attempt to resolve the dispute through informal communication and good-faith negotiations.
  2. Step 2: Mediation (Optional)
    • If negotiations fail, mediation may be attempted with a neutral third-party mediator.
  3. Step 3: Arbitration
    • If the dispute remains unresolved, the matter proceeds to formal arbitration in Hyderabad, Telangana, India.
  4. Step 4: Litigation (if necessary)
    • If arbitration fails or is unavailable, parties may proceed to litigation in the appropriate courts under the jurisdiction of Hyderabad, Telangana.

8.9 Summary of Dispute Resolution Mechanisms

  • Jurisdiction: Hyderabad, Telangana, India.
  • Arbitration: Binding, governed by the Arbitration and Conciliation Act, 1996.
  • Negotiation: Informal efforts for resolution.
  • Injunctive Relief: Available if necessary to prevent immediate harm.
  • Class Action Waiver: No collective or class actions.
  • Time Limit: Claims must be filed within one year of the dispute arising.   

9. Termination

The Termination section in the Terms of Service outlines the conditions under which either Racewin Mart Pvt. Ltd. (“Racewin Mart”) or a user (merchant) may terminate their agreement or access to the platform’s services. This section ensures clarity regarding when and how the agreement can be ended, as well as the consequences of termination for both parties.

Termination is an important aspect of any service agreement, as it defines the circumstances under which either party may end the contractual relationship and the steps they must follow in doing so.

9.1 Termination by Racewin Mart

Racewin Mart reserves the right to terminate or suspend a user’s (merchant’s) account and access to its platform under certain conditions, as detailed below:

  1. Violation of Terms:
    • Racewin Mart may terminate a user’s access to its services if the user violates any of the Terms of Service or breaches any other policies outlined on the platform (such as the Privacy Policy, Acceptable Use Policy, Refund and Return Policy, etc.).
    • Violations can include, but are not limited to:
      • Engaging in fraudulent activities.
      • Using the platform for illegal activities.
      • Providing false or misleading information.
      • Breaching intellectual property rights (e.g., using copyrighted material without permission).
      • Failing to make payments or meeting financial obligations related to transactions.
  2. Failure to Maintain Compliance:
    • If a user does not adhere to laws, regulations, or rules required by governing authorities (such as those governing e-commerce or consumer protection laws), Racewin Mart may terminate the account.
    • This includes the failure to comply with applicable consumer protection laws, the Information Technology Act, or any applicable tax laws.
  3. Non-Payment or Outstanding Fees:
    • Racewin Mart may terminate a user’s access to the platform in the event that the user fails to pay any outstanding fees, charges, or dues for the use of the services provided.
    • If a user’s account shows non-payment or overdue amounts for an extended period (usually defined in the agreement), Racewin Mart has the right to suspend or terminate access.
  4. Abuse of Platform or System:
    • Racewin Mart may terminate a user’s access if the user is found to be abusing the platform’s functionality, such as:
      • Using automated systems (bots, crawlers, etc.) to scrape data or disrupt platform operations.
      • Engaging in spam or sending unsolicited communications.
      • Manipulating search results or product reviews unfairly.
  5. Security Concerns:
    • In the event of a security breach or compromise of the platform, Racewin Mart may terminate or suspend user access temporarily to protect other users and data.
    • This includes incidents where there are indications of a user’s involvement in cyberattacks or exposure to malicious software, viruses, or other threats.
  6. Suspension Due to Risk or Liability:
    • Racewin Mart may suspend or terminate a user’s account if the user’s activity poses a legal risk or exposes the platform to potential legal liability.
    • This includes the sale of prohibited or restricted products, or any activities that could violate laws related to privacy, intellectual property, or consumer protection.
  7. Discretionary Termination:
    • Racewin Mart reserves the right to terminate a user’s account at its discretion, without specific cause, if the user’s actions or behavior are deemed to be detrimental to the platform’s integrity, reputation, or business operations.
  8. Effect of Termination by Racewin Mart:
    • Upon termination by Racewin Mart, the user’s account will be deactivated or suspended immediately.
    • The user will no longer be able to access the platform’s services, and all outstanding payments and obligations must be fulfilled before termination.
    • Racewin Mart may retain any fees owed by the user even after termination and may pursue legal action for recovery if necessary.

9.2 Termination by the User (Merchant)

A user (merchant) may choose to terminate their account or cease using Racewin Mart’s services at any time under the following circumstances:

  1. Voluntary Termination:
    • The user has the right to terminate their account or discontinue the use of services at any time by providing a written notice to Racewin Mart. The notice should specify the intent to terminate the account and cease business operations on the platform.
    • Racewin Mart may have a process for deactivating or deleting an account upon the user’s request.
  2. No Cause for Termination:
    • The merchant is not required to provide a cause or reason for terminating the relationship. This provides flexibility for merchants to leave the platform if they choose, but they must still fulfill any outstanding obligations, such as pending orders, payments, or contractual commitments, before they can fully exit.
  3. Termination Due to Business Closure:
    • If a merchant decides to close their business or cease selling on the platform, they may terminate their account. In this case, they must ensure that they have properly fulfilled all obligations related to pending transactions and customer orders.
  4. Effect of Termination by the User:
    • Upon the merchant’s termination of their account, Racewin Mart will deactivate the user’s account and remove their products from the platform.
    • The merchant will no longer have access to the services, including the payment gateway, order management system, and any other features available to active users.
    • If the merchant has any outstanding dues, such as commissions or fees, these must be settled before the termination process is complete.
  5. Obligations Post-Termination:
    • Even after termination, the user may still be required to fulfill certain financial obligations, such as paying for any pending fees, commissions, or other charges.
    • The user may also need to handle the fulfillment of any open orders or return/refund requests from customers before fully terminating the account.
    • Any agreements related to intellectual property or confidentiality may survive termination.

9.3 Automatic Termination

In some cases, the agreement between Racewin Mart and the user (merchant) may be automatically terminated, without notice, under the following circumstances:

  1. Account Inactivity:
    • Racewin Mart may automatically terminate a user’s account if it remains inactive for an extended period (usually defined in the terms, such as 6 months or more) with no sales, login activity, or engagement with the platform.
    • Before automatic termination, Racewin Mart may attempt to contact the user via email or other communication channels to inform them of the inactivity.
  2. Breach of Legal or Regulatory Requirements:
    • If the user is found to be in violation of legal or regulatory requirements, such as selling banned products or engaging in prohibited activities, the platform may automatically terminate the account without prior notice.
    • This is particularly relevant if the breach could expose Racewin Mart to significant legal or reputational risk.
  3. Bankruptcy or Insolvency:
    • If the merchant files for bankruptcy or enters into insolvency proceedings, Racewin Mart may automatically terminate the account due to the legal risks associated with such financial situations.
    • In this case, Racewin Mart may be required to freeze the merchant’s account and review any outstanding financial matters.

 

9.4 Consequences of Termination

  1. Suspension of Access:
    • Upon termination (whether by Racewin Mart or the user), the affected party will lose access to the platform’s services, including the dashboard, listing products, payment gateways, and all other account-related features.
  2. Outstanding Financial Obligations:
    • Any outstanding fees, commissions, or payments owed by the merchant will remain due and payable even after account termination.
    • Racewin Mart reserves the right to take necessary actions to collect any unpaid dues, which may include legal steps.
  3. Handling Pending Orders:
    • If there are pending orders or active transactions at the time of termination, the merchant is responsible for fulfilling those orders before their account can be fully terminated.
    • Any unfulfilled obligations may be subject to penalties or disputes that could affect the merchant’s reputation.
  4. Return of Data and Information:
    • Upon termination, Racewin Mart may delete the merchant’s account data. However, the merchant may have the option to download or retrieve certain data, such as sales reports, transaction histories, and customer information, before the account is permanently deactivated.
    • Intellectual property and any confidential information that remains protected after termination may still be subject to restrictions even post-termination.
  5. Post-Termination Restrictions:
    • Following termination, the user may be prohibited from re-joining the platform or accessing Racewin Mart’s services unless explicitly allowed by Racewin Mart in certain cases (e.g., after settling disputes or rectifying issues).

9.5 Survival of Certain Provisions After Termination

Even after termination of the account or the services agreement, some provisions of the Terms of Service will survive, including:

  • Payment obligations (e.g., outstanding fees or commissions).
  • Intellectual property rights (e.g., proprietary technology, content, and trademarks).
  • Confidentiality agreements.
  • Indemnification clauses (e.g., the merchant’s obligation to protect Racewin Mart from legal claims arising from their use of the services).
  • Dispute resolution mechanisms (e.g., arbitration or legal proceedings).

Summary of Termination Conditions

  • By Racewin Mart: Violation of terms, non-payment, legal violations, fraud, or discretionary termination.
  • By User: Voluntary termination, business closure, or inactivity.
  • Automatic Termination: Inactivity, bankruptcy, or legal breach.
  • Consequences: Loss of access, financial obligations, handling of pending orders, and retention of data for a limited time.

10. Updates to Terms

The Updates to Terms section is a crucial part of any Terms of Service agreement. It outlines how and when the platform (in this case, Racewin Mart Pvt. Ltd.) can modify or update the Terms of Service and what the implications of those changes are for users (merchants). This section ensures that both parties are aware of their responsibilities and rights when the Terms change and sets forth the procedures for notification and acceptance.

10.1 Right to Modify the Terms

Racewin Mart reserves the right to modify, update, or revise the Terms of Service at any time, without prior notice to users, but typically will provide notice in some form (e.g., through email or platform notification). The reasons for modifying the Terms could include changes in legal requirements, adjustments to business practices, or the addition of new features or services to the platform.

  1. Periodic Review:
    • Racewin Mart may review and update these Terms periodically to reflect changes in business operations, compliance obligations, or new industry standards.
    • These updates might be required to comply with evolving regulations and laws in e-commerce, consumer protection, or data privacy.
  2. Unilateral Right:
    • The platform maintains the unilateral right to modify the Terms, meaning it can make changes without needing prior consent or approval from users, provided that users are notified of these changes.

10.2 Notification of Changes

When Racewin Mart updates or revises the Terms of Service, users (merchants) will be notified using one or more of the following methods:

  1. Email Notification:
    • Racewin Mart may send an email to the registered email address of the user, informing them about the update to the Terms.
    • This email will typically include a summary of the changes and a link to the full updated Terms on the platform.
  2. Platform Notification:
    • Users may see a pop-up notification or an alert banner on the platform when they log in. The notification will contain a summary of changes and a prompt to review the full Terms of Service.
    • If the changes are substantial, Racewin Mart may request the user to explicitly accept the new Terms (via an acknowledgment or agreement button) to continue using the services.
  3. Website Update:
    • The most direct way to notify users is by posting the updated Terms on the platform’s website. Racewin Mart will typically include the effective date of the latest version of the Terms at the top of the document.
    • This ensures that users are aware of the date when the Terms were last revised.

10.3 User’s Obligation to Review Updates

  1. Responsibility to Stay Informed:
    • Users (merchants) are responsible for regularly reviewing the updated Terms to stay informed about any changes. By continuing to use the platform’s services after an update, the user agrees to the modified Terms.
  2. Continued Use:
    • Users are considered to have accepted the updated Terms by continuing to use the platform after the effective date of the updated Terms, whether or not they explicitly acknowledge them.
    • This means that if a user continues to use the services after receiving notice of updated Terms, they are bound by the new or revised Terms, unless they choose to terminate their account before the effective date of the update.

10.4 Consent to Changes

  1. Implied Consent:
    • Once Racewin Mart updates the Terms and notifies the user, the user’s continued access to or use of the platform is deemed as implied consent to the new Terms.
    • For example, if Racewin Mart changes the payment processing terms or policies on returns and refunds, users are deemed to have accepted these new policies by continuing to use the platform.
  2. Right to Disagree:
    • Users who disagree with the updates have the right to terminate their relationship with Racewin Mart by ceasing to use the services or closing their account. The termination or deactivation of the account is not considered a breach of the Terms but is an option for users who do not accept the revised Terms.
  3. Time Period for Acceptance:
    • Some agreements may specify that users must accept the revised Terms within a certain time frame (e.g., 30 days) after being notified. If the user does not take action, Racewin Mart may suspend their access or consider it an agreement by default.

10.5 Major vs. Minor Updates

  1. Minor Updates:
    • Minor changes refer to adjustments that do not significantly alter the user’s rights or obligations. These could include:
      • Clarifications of wording or minor grammatical changes.
      • Adjustments to internal processes that do not affect the user experience.
      • Updates to legal terminology or compliance requirements in response to evolving laws.
    • These updates generally do not require explicit consent from the user, though they may still be notified.
  2. Major Updates:
    • Major updates are those that introduce substantial changes that could affect the user’s experience, rights, obligations, or privacy. Examples of major updates could include:
      • Introducing new fees or charges for the use of certain services.
      • Changes to the platform’s privacy policy or data usage terms.
      • Major changes to how payments are processed or how orders are handled.
      • Changes in the dispute resolution process or limitation of liability clauses.
    • Major updates may require explicit consent from the user before they can continue using the platform (for example, through an acceptance checkbox).

10.6 Impact of Not Agreeing to Updates

If a user does not agree to the updates made to the Terms of Service, the following may occur:

  1. Loss of Access:
    • If the user disagrees with the revised Terms and refuses to accept them (either explicitly or implicitly), their access to Racewin Mart’s services may be restricted or terminated.
  2. Account Deactivation:
    • A user may choose to deactivate their account if they disagree with the new Terms, and Racewin Mart may assist with the account termination process, ensuring that all open transactions are completed or resolved.
  3. Legal Consequences:
    • In some cases, continued use of the platform after changes may imply legal consent to the new terms, and any disputes arising out of old terms will be subject to the revised Terms.

10.7 Effective Date and Retrospective Changes

  1. Effective Date:
    • Racewin Mart will clearly state the effective date of any updated Terms at the top of the document or within the notification sent to users. This ensures users know when the new Terms become applicable to them.
  2. Retrospective Effect:
    • Generally, updates to the Terms are not retroactive and will apply only to activities occurring after the effective date. However, in certain cases, some provisions (e.g., changes in payment processing or refund policies) may apply to transactions that are already in progress.

10.8 Special Considerations for Users in Specific Jurisdictions

Some jurisdictions may require additional protections or provide users with specific rights regarding changes to terms, including but not limited to:

  • Notice periods before changes can be enforced.
  • The right to opt-out or terminate the agreement without penalty if the updated Terms affect the user’s rights.

Racewin Mart will strive to comply with these jurisdiction-specific requirements and may adjust its practices accordingly to ensure compliance with local laws.

Summary of Key Points

  • Modification of Terms: Racewin Mart can change the Terms at any time, typically for reasons such as legal requirements, business practice updates, or changes in service offerings.
  • Notification: Users will be notified via email, platform notification, or website update when changes occur.
  • User Responsibility: Users are responsible for regularly reviewing the updated Terms and are deemed to have accepted the changes by continuing to use the platform.
  • Major vs. Minor Updates: Minor updates may not require explicit consent, while major updates might require user agreement.
  • Disagreement with Updates: Users can terminate their account if they disagree with the new Terms, but failure to act may result in account suspension or deactivation.
  • Effective Date: The effective date of updates will be clearly stated, and changes will generally not apply retrospectively unless specified.

11. Rights of Racewin Mart Pvt. Ltd.

The "Rights of Racewin Mart Pvt. Ltd." section of the Terms of Service outlines the various powers, privileges, and authorities that Racewin Mart reserves in its relationship with users (merchants). This section is critical for defining the scope of the company’s control over its platform, services, and interactions with users. It ensures clarity regarding what Racewin Mart is permitted to do within the confines of the agreement and establishes its legal and operational rights.

11.1 Right to Access and Use the Platform

Racewin Mart has the exclusive right to operate and control access to its platform, website, and services. This includes the ability to:

  1. Control Platform Features:
    • Racewin Mart can modify, update, or remove certain features, services, or tools available on its platform at its discretion.
    • The platform can also implement changes such as adding new services, improving existing services, or temporarily disabling certain functionalities for maintenance or improvement purposes.
  2. Access and Suspension:
    • Racewin Mart reserves the right to access user accounts and transaction data for maintenance, troubleshooting, and ensuring compliance with the Terms of Service.
    • If a user violates the Terms, Racewin Mart can suspend or restrict access to their account without prior notice, based on its determination of the violation.

11.2 Right to Modify the Terms and Conditions

As stated in the previous section (Section 10, Updates to Terms), Racewin Mart has the right to modify, amend, or revise its Terms of Service at any time, without needing approval from users. These changes are typically aimed at:

  1. Legal Compliance:
    • Ensuring that the Terms stay in compliance with applicable laws and regulations, particularly in areas like data protection, e-commerce, taxation, and consumer rights.
  2. Business Requirements:
    • Adapting to business needs, changes in technology, or the introduction of new products and services.
  3. User Experience Improvement:
    • Optimizing the platform’s functions or making user experience improvements, such as streamlining services, offering new payment methods, or simplifying the returns process.

Racewin Mart can also modify its privacy policy and payment policies as part of these updates.

11.3 Right to Monitor and Enforce Compliance

Racewin Mart retains the authority to monitor, review, and enforce compliance with the Terms of Service. This involves:

  1. Audit Rights:
    • Racewin Mart can audit or monitor any user activity on the platform to ensure that users (merchants) comply with the Terms, including verifying the accuracy of financial transactions, product listings, and marketing practices.
  2. Content and Behavior Enforcement:
    • The platform has the right to investigate any violations of the Terms, including investigating fraudulent activities, intellectual property violations, and breaches of ethical conduct.
    • Racewin Mart can issue warnings, suspend, or terminate user accounts if violations are detected. This includes content that is deemed offensive, unlawful, or inappropriate, as defined in the platform’s guidelines.
  3. Platform Usage Enforcement:
    • Racewin Mart has the discretion to determine what constitutes acceptable use of the platform and services. If a user is found to be using the platform for illegal, unethical, or abusive purposes, Racewin Mart can take action to prevent misuse.

11.4 Right to Suspend or Terminate User Accounts

Racewin Mart has the right to suspend or permanently terminate any user account in cases of:

  1. Breach of Terms:
    • If a user violates any part of the Terms of Service, Racewin Mart can suspend or terminate that user’s account. Examples of violations include failure to pay fees, fraudulent activity, intellectual property violations, or unlawful behavior.
  2. Non-compliance with Policies:
    • If users fail to comply with platform-specific policies, such as return policies, payment terms, or usage guidelines, Racewin Mart may suspend access to the platform until the issue is resolved.
  3. Security Concerns:
    • Racewin Mart has the right to suspend accounts in cases of security breaches or potential fraud to protect the integrity of the platform and its users.
  4. Account Inactivity:
    • If a user account remains inactive for a certain period, Racewin Mart may have the right to suspend or deactivate that account. This could apply to users who have not logged in or engaged with the platform for an extended time.

11.5 Right to Limit or Restrict Services

Racewin Mart reserves the right to limit or restrict access to certain services, features, or content at any time. This could occur due to:

  1. Regional Limitations:
    • Racewin Mart may restrict access to certain services based on the user’s geographical location. For example, certain features or products may only be available in specific countries or regions due to regulatory constraints, distribution agreements, or logistical challenges.
  2. Platform Maintenance:
    • During scheduled maintenance, updates, or technical improvements, Racewin Mart may temporarily restrict access to certain features or the entire platform. While these limitations are usually temporary, the company retains the right to make them as necessary.
  3. User-specific Restrictions:
    • Racewin Mart may choose to impose limitations or restrictions on a user’s account based on their actions, behavior, or past history with the platform. For example, a merchant who has repeatedly violated the platform’s policies might have certain privileges removed, such as the ability to access specific tools or services.

11.6 Right to Remove Content

Racewin Mart has the right to remove or delete any content (such as product listings, advertisements, or user-generated content) that:

  1. Violates Terms:
    • Any content that breaches the platform’s content policies, violates intellectual property laws, or is deemed inappropriate for the platform will be removed.
  2. Illegal or Harmful:
    • Content that is illegal, defamatory, harmful, offensive, or constitutes harassment will be deleted by Racewin Mart. This also applies to content that promotes or facilitates illegal activities.
  3. Infringes on Intellectual Property:
    • If content is reported as infringing on the intellectual property rights (e.g., copyright, trademark) of others, Racewin Mart has the authority to remove that content, either based on user complaints or its own monitoring procedures.
  4. Inaccurate or Misleading Information:
    • Racewin Mart reserves the right to remove any content that is false, misleading, or inaccurate, especially when it comes to product descriptions, pricing, or promotional material.

11.7 Right to Control Payment Processing

Racewin Mart has full control over the payment processing system used on the platform, which includes:

  1. Payment Gateways:
    • Racewin Mart can choose, change, or update the third-party payment gateway it uses to process transactions. This includes selecting payment methods such as credit/debit cards, PayPal, or other online payment systems.
  2. Transaction Fees:
    • The platform can impose, update, or waive transaction fees for using its payment services. This can include merchant processing fees, service fees, or handling fees for different types of transactions (e.g., refunds, chargebacks).
  3. Payment Method Restrictions:
    • Racewin Mart can limit or block certain payment methods if they are suspected of being fraudulent, risky, or not in compliance with the platform’s policies.
  4. Chargeback and Dispute Management:
    • Racewin Mart can manage chargebacks and payment disputes by enforcing its own procedures for resolving issues, including suspending payments pending investigation or imposing penalties for fraudulent transactions.

11.8 Right to Protect the Platform

Racewin Mart has the right to take any necessary steps to protect the integrity and security of the platform, including:

  1. Security Measures:
    • The platform may implement security protocols to safeguard user data, prevent fraud, and ensure the stability of the platform. These measures can include encryption, firewalls, multi-factor authentication, and more.
  2. Investigate Fraudulent Activity:
    • Racewin Mart can investigate and take action against fraudulent activity or suspicious behavior, including implementing temporary freezes on user accounts or payments until an investigation is completed.
  3. Prevent Abuse:
    • Racewin Mart can take action to prevent abusive or harmful behaviors on the platform, including spam, harassment, or exploitation.

11.9 Right to Engage in Legal Actions

Racewin Mart reserves the right to take legal action against users who violate the Terms or engage in illegal activity, such as:

  1. Filing Lawsuits:
    • In cases of serious breach or illegal activity, Racewin Mart may file lawsuits or pursue legal remedies to protect its business, assets, and other users.
  2. Requesting Injunctions:
    • If necessary, Racewin Mart can seek court orders or injunctions to stop illegal activities or prevent further harm to the platform.

11.10 Right to Transfer and Assign

  1. Business Transfers:
    • Racewin Mart has the right to transfer or assign its rights, responsibilities, and obligations under the Terms to other entities or partners. This could occur in the event of mergers, acquisitions, or changes in business structure.
  2. Subcontracting Services:
    • Racewin Mart may subcontract or delegate its responsibilities, such as customer service or transaction processing, to third parties, while still maintaining overall control and accountability for the services provided.

Summary of Key Points

  • Platform Control: Racewin Mart has the authority to operate and control the platform, including updating features and modifying services.
  • Modification of Terms: Racewin Mart can modify the Terms at any time to comply with legal changes or business requirements.
  • Account Suspension: Racewin Mart has the right to suspend or terminate user accounts for violations of the Terms.
  • Payment Processing: Racewin Mart can control and update the payment system, set fees, and restrict payment methods.
  • Content Removal: The platform can remove content that violates Terms, laws, or ethical standards.
  • Legal Actions: Racewin Mart has the right to take legal action to protect its interests.

12. Your Responsibilities

The "Your Responsibilities" section of the Terms of Service outlines the obligations and duties of the users (merchants) who use the platform provided by Racewin Mart Pvt. Ltd. This section ensures that users understand their role and the behaviors that are expected of them to maintain a fair, legal, and secure environment on the platform. It also establishes the consequences of failing to meet these responsibilities.

12.1 Compliance with Applicable Laws

As a user of the Racewin Mart platform, you are required to comply with all relevant local, national, and international laws and regulations. This includes, but is not limited to:

  1. Business Laws:
    • Users must ensure that all business practices conducted on the platform adhere to applicable commercial laws, such as trade regulations, contract law, and consumer protection laws.
  2. Taxation:
    • Users are responsible for complying with all tax obligations, including sales tax, VAT, GST, or any other relevant taxes on products or services sold through the platform. Racewin Mart does not collect or remit taxes on behalf of users.
  3. Intellectual Property:
    • Users must respect the intellectual property rights of others and ensure that any content or products they upload or sell do not infringe upon copyrights, trademarks, patents, or any other intellectual property laws.
  4. Data Protection and Privacy Laws:
    • Users must comply with data protection regulations (such as GDPR, CCPA, etc.) in relation to the handling and processing of customer data. This includes ensuring that customer data is stored securely and used responsibly.

12.2 Accuracy of Information

Users are required to provide accurate, complete, and up-to-date information when using the platform. This includes:

  1. Registration Details:
    • When creating an account, users must provide true and accurate details, such as their business name, email address, contact information, tax ID number, and any other relevant details required for registration.
  2. Product Listings:
    • Merchants must accurately describe the products they list on the platform, including product descriptions, pricing, stock availability, shipping details, and other necessary information. Misleading or false information will not be tolerated.
  3. Financial Information:
    • Users must ensure that the financial details provided (such as payment information, billing addresses, and banking details) are accurate to avoid delays in transactions or issues with payments.
  4. Customer Support:
    • Users are responsible for maintaining accurate and updated customer service contact information and responding to customer inquiries, returns, and complaints in a timely manner.

12.3 Fair Use of the Platform

Users must engage in fair and lawful use of the platform at all times, which includes the following:

  1. Prohibited Activities:
    • Users are prohibited from engaging in any activities that damage, disrupt, or compromise the platform’s integrity. This includes activities such as hacking, spamming, or engaging in fraudulent or malicious behavior.
  2. No Fraudulent Transactions:
    • Users must refrain from engaging in fraudulent or deceptive practices, such as creating false transactions, manipulating reviews, or offering counterfeit or unauthorized products.
  3. Respect for Others:
    • Users must not engage in actions that could harm or disrupt the experience of other users, including harassment, abuse, or fraudulent activities. This extends to any form of abusive behavior in communication, customer service interactions, or product listings.
  4. Respect for Competition:
    • Users are expected to engage in fair competition and not engage in practices such as price fixing, misrepresentation, or undercutting competitors in a harmful or illegal manner.

12.4 Protecting Customer Data

Users who collect, store, or process customer data are responsible for ensuring that this data is handled securely and in accordance with relevant data protection laws. Specific responsibilities include:

  1. Data Security:
    • Users must implement reasonable security measures to protect customer data from unauthorized access, theft, or misuse. This includes encrypting sensitive data, using secure payment gateways, and complying with the platform’s data protection policies.
  2. Privacy Compliance:
    • Users must obtain proper consent from customers to collect and use their data, ensuring that their privacy is respected. This includes providing customers with clear privacy notices and complying with any applicable data subject rights requests (such as data access, deletion, and correction).
  3. No Unauthorized Sharing:
    • Users must not share customer information with unauthorized third parties without the customer's explicit consent, unless required by law.

12.5 Payment Obligations

Users are responsible for fulfilling all payment obligations associated with using the platform, which include:

  1. Transaction Fees:
    • Users must pay any applicable fees associated with transactions, such as listing fees, commission fees, payment processing fees, or other charges specified by Racewin Mart.
  2. Subscription Fees:
    • If the platform offers any subscription services or premium features, users must ensure that payments are made on time and in full to access the service or features.
  3. Refunds and Chargebacks:
    • Users must handle any refunds or chargebacks in accordance with the platform’s policies. This includes issuing refunds when appropriate and managing disputes with customers or payment processors.

12.6 Content Responsibility

Users are responsible for the content they upload to the platform, whether it be product listings, advertisements, images, or any other type of content. This includes:

  1. Compliance with Content Standards:
    • Content uploaded to the platform must comply with Racewin Mart’s Content Guidelines, which prohibit content that is unlawful, harmful, or offensive, such as content that is discriminatory, pornographic, or defamatory.
  2. Intellectual Property Rights:
    • Users must ensure that they own the rights to any content they upload or have obtained appropriate licenses to use third-party content. This includes images, product descriptions, logos, and any other content that may be used in the marketing of their products.
  3. No Infringement:
    • Users must ensure that their content does not infringe upon the intellectual property of others, including copyrights, trademarks, and patents.

12.7 Cooperation with Racewin Mart

Users are expected to cooperate with Racewin Mart in ensuring the proper functioning of the platform. Specific responsibilities include:

  1. Providing Required Information:
    • Users must respond promptly to requests for information, such as documentation required for compliance checks or verification purposes.
  2. Resolving Disputes:
    • Users should engage in good faith to resolve any disputes that arise with customers, the platform, or other users, including complying with mediation or arbitration processes if required.
  3. Platform Feedback:
    • Users are encouraged to provide constructive feedback about the platform’s features, performance, or services to help Racewin Mart improve its offerings.
  4. Compliance Audits:
    • Racewin Mart may request users to provide documentation to demonstrate their compliance with the Terms of Service or any applicable regulations. Users are required to cooperate with such audits or investigations.

12.8 Insurance and Liability

  1. Product Liability:
    • Users are responsible for ensuring that the products they sell on the platform meet all applicable safety standards and do not pose a risk to customers. This may include obtaining appropriate product liability insurance to protect against claims of injury, damage, or defects.
  2. Indemnification:
    • Users agree to indemnify and hold harmless Racewin Mart from any legal claims, damages, or expenses arising from their actions, including violations of the Terms, intellectual property infringements, and failure to comply with applicable laws.
  3. Third-Party Claims:
    • Users must handle any claims made by third parties related to their products or services and ensure that Racewin Mart is not held liable for any damages or losses arising from such claims.

12.9 Prohibition of Unlawful Activities

Users must refrain from any activities that would be considered unlawful, including but not limited to:

  1. Fraud and Scams:
    • Users are prohibited from engaging in fraudulent activities, including misrepresentation of products, false advertising, or manipulation of payment systems.
  2. Unauthorized Use:
    • Users must not access or use the platform for unauthorized purposes, such as accessing another user's account, tampering with the platform’s security, or using the platform for illegal online activities like money laundering or cybercrime.
  3. Violations of Public Order:
    • Users must not engage in actions that breach public order, such as selling prohibited items, engaging in discriminatory practices, or contributing to the spread of harmful content.

12.10 Reporting Violations

Users are encouraged to report violations of the Terms of Service, including suspicious activity, fraudulent transactions, and breaches of platform rules. This can help maintain the integrity of the platform and ensure that all users operate within the established guidelines.

  1. Reporting Mechanism:
    • Racewin Mart provides mechanisms for users to report violations, such as a dedicated email address or online form for submitting complaints.
  2. Confidentiality of Reports:
    • Racewin Mart will handle all reports confidentially and investigate claims thoroughly, ensuring that users are not penalized for making legitimate complaints.

Summary of Key Points

  • Compliance with Laws: Users must comply with all relevant laws, including business, tax, data protection, and intellectual property regulations.
  • Accurate Information: Users must ensure the accuracy and completeness of all information provided, including registration details and product listings.
  • Fair Use: Users must engage in fair, lawful, and non-abusive use of the platform.
  • Data Protection: Users are responsible for protecting customer data and complying with privacy laws.
  • Payment Obligations: Users must fulfill their financial obligations, including paying transaction and subscription fees.
  • Content Responsibility: Users are accountable for the content they upload and must ensure it complies with platform guidelines.
  • Cooperation: Users must cooperate with Racewin Mart for platform maintenance, compliance, and dispute resolution.
  • Insurance and Liability: Users must take responsibility for product safety and liability, and indemnify Racewin Mart from any claims.
  • Prohibition of Unlawful Activities: Users must avoid engaging in illegal or unethical activities on the platform.
  • Reporting Violations: Users are encouraged to report violations and ensure a secure and fair marketplace.

13. Payment of Fees and Taxes

The "Payment of Fees and Taxes" section of the Terms of Service outlines the responsibilities of users (merchants) concerning the payment of fees and taxes when using the Racewin Mart platform. This section is designed to ensure that users understand their obligations related to both platform fees and applicable taxes. It provides clarity on what fees will be charged, how they should be paid, and what taxes need to be handled by users.

13.1 Fees for Services

As a user of the Racewin Mart platform, you may be subject to various fees for utilizing the services offered by the platform. These fees are clearly stated on the platform and can vary depending on the services you choose to use. The following are typical fees that may apply:

  1. Listing Fees:
    • Users may be charged a fee for listing products on the platform. This fee could be a flat rate per product, a subscription fee for multiple listings, or based on the type of product being sold. The fee structure will be communicated clearly before listing.
  2. Transaction Fees:
    • Racewin Mart may charge a transaction fee for each sale made through the platform. This fee is usually a percentage of the total transaction amount, which includes the product price, shipping fees, and any other charges. Transaction fees are typically deducted from the seller’s payment.
  3. Subscription Fees:
    • If Racewin Mart offers premium subscriptions or special features (such as enhanced visibility for listings, advanced analytics, or priority customer support), users may be required to pay a recurring subscription fee. The amount and billing frequency of the subscription will be communicated to users during the sign-up process.
  4. Payment Processing Fees:
    • Fees may also be charged for processing payments through the platform. This includes fees charged by third-party payment processors for handling credit card transactions, bank transfers, or other payment methods.
  5. Marketing and Advertising Fees:
    • If a user opts to promote their products or business through the platform’s marketing and advertising tools, they will be required to pay additional fees for such services. These fees could be based on the type of advertisement, the duration of the campaign, or the reach of the promotion.
  6. Cancellation or Refund Fees:
    • In some cases, users may be charged a fee if a transaction is canceled or a refund is issued. This may apply if the merchant fails to fulfill the order or if there are disputes that lead to refunds.
  7. Late Payment Fees:
    • If users fail to pay any fees on time, Racewin Mart may impose late payment fees. These fees are generally intended to encourage prompt payment and may include a flat charge or interest on overdue amounts.

13.2 Payment Methods

Users must pay any applicable fees using the accepted payment methods on the platform. These methods may include:

  1. Credit and Debit Cards:
    • Payment via major credit and debit cards is usually accepted, including Visa, MasterCard, and American Express.
  2. Bank Transfers:
    • For larger transactions, users may have the option to pay through direct bank transfers. Specific bank details will be provided for the transfer.
  3. Digital Wallets:
    • Users may also be able to pay through digital wallets such as PayPal, Apple Pay, or Google Pay, depending on the platform’s integration.
  4. Other Payment Methods:
    • Racewin Mart may introduce other payment methods in the future, such as cryptocurrency or local payment gateways, depending on the region or user preference.

Payments must be made in the currency specified by Racewin Mart, which will usually be the currency of the merchant’s account or the currency of the country where the service is provided.

13.3 Timing of Payments

The timing of payments for fees and charges will be subject to the following terms:

  1. Upfront Payments:
    • Certain fees, such as listing fees or subscription fees, may be required upfront. This means users must pay the fee before they can list products, access services, or use certain features on the platform.
  2. Recurring Payments:
    • Subscription fees for premium services or marketing tools are typically charged recurring, either monthly or annually, depending on the plan chosen by the user. Racewin Mart will provide a clear schedule of recurring payments.
  3. Deduction from Earnings:
    • In some cases, fees such as transaction or processing fees may be deducted directly from the merchant’s earnings. For example, when a sale is made, Racewin Mart may automatically subtract the transaction fee and any other applicable fees before remitting the remainder to the merchant.
  4. Invoices:
    • Racewin Mart may provide invoices to users for any fees owed. These invoices will detail the amounts due and the payment due dates. Users should review these invoices carefully and ensure that payments are made in a timely manner.

13.4 Taxes and Responsibilities

In addition to platform fees, users are also responsible for understanding and fulfilling any tax obligations that may apply to their business activities. Taxes may vary based on the user’s location, the type of products or services being sold, and other factors. Below are key responsibilities related to taxes:

  1. Sales Tax / VAT / GST:
    • Users are responsible for collecting and remitting any sales tax, VAT (Value-Added Tax), or GST (Goods and Services Tax) applicable to the products they sell. The rate of tax will depend on the applicable laws of the country or region where the buyer is located.
    • If Racewin Mart collects sales tax on behalf of merchants, this will be clearly communicated, and users may still need to comply with their local tax laws for any other taxes they must charge.
  2. Income Tax:
    • Merchants are responsible for paying income tax on profits made through the platform. Racewin Mart does not withhold income tax on behalf of users, so users should ensure they are compliant with local tax laws regarding reporting income and paying taxes.
  3. Tax Documentation:
    • Racewin Mart may provide users with documentation or reports regarding their sales on the platform, which can be used for tax filing purposes. However, users must ensure that they comply with local tax reporting requirements.
  4. Withholding Tax:
    • In some cases, Racewin Mart may be required by law to withhold tax on payments to users, particularly if they are based in different tax jurisdictions. In such cases, Racewin Mart will provide the necessary documentation, and users will need to comply with the withholding tax regulations.
  5. Tax Identification Number (TIN):
    • Users may be required to provide their Tax Identification Number (TIN) or other relevant tax information to Racewin Mart to ensure proper handling of taxes. This is particularly important for users who operate in jurisdictions where tax reporting is mandated.
  6. Responsibility for Filing Taxes:
    • Racewin Mart does not file taxes on behalf of its users. Merchants are responsible for their own tax filings, including income tax, sales tax, and any other applicable taxes.

13.5 Changes to Fees and Taxes

Racewin Mart reserves the right to modify the fees or introduce new fees at any time. Any changes to the fee structure or tax policies will be communicated to users, and the new rates will be applicable as per the effective date specified. The following points apply to changes in fees and taxes:

  1. Advance Notice:
    • Racewin Mart will provide advance notice (e.g., via email or platform notifications) to users before any fee changes come into effect, giving them an opportunity to review the new terms and adjust their usage accordingly.
  2. Changes in Tax Regulations:
    • If there are changes in tax regulations that affect the platform or its users, Racewin Mart will update its tax policies accordingly. Users are responsible for staying informed about any changes in tax laws that may impact their obligations.

13.6 Non-Payment and Suspension of Services

Failure to pay applicable fees or taxes on time may result in the suspension of the user’s account or the platform’s services. Below are some key points regarding non-payment:

  1. Suspension of Account:
    • If fees or taxes remain unpaid for a prolonged period, Racewin Mart reserves the right to suspend or restrict access to certain services or the entire platform. This could include suspension of the merchant’s ability to list products or process transactions.
  2. Recovery of Outstanding Fees:
    • In the event of non-payment, Racewin Mart may take steps to recover outstanding fees, including sending reminders, engaging third-party collections services, or taking legal action if necessary.
  3. Impact on User’s Reputation:
    • Failure to pay fees could affect the user’s reputation on the platform, which may impact their ability to attract customers, maintain their account status, or benefit from premium services.

13.7 Refunds of Fees

Refunds for fees are generally not provided except in specific circumstances as outlined in the platform’s refund policies. Refunds may be granted under conditions such as:

  1. Platform Error:
    • If a fee is charged due to an error on the platform, Racewin Mart may refund the fee upon investigation and confirmation of the error.
  2. Service Cancellation:
    • If the user cancels a subscription or service before the service period begins, they may be eligible for a pro-rated refund based on the platform’s cancellation policy.
  3. Refund of Transaction Fees:
    • If a transaction is refunded to the customer, the associated transaction fees may not be refunded unless specifically stated in the platform’s policies.

Summary of Key Points

  • Fees: Users are responsible for paying various fees, including listing, transaction, subscription, marketing, and payment processing fees.
  • Payment Methods: Payments must be made using the available methods such as credit cards, bank transfers, or digital wallets.
  • Taxes: Users must handle their own tax obligations, including sales tax, VAT, GST, and income tax, and ensure compliance with local tax laws.
  • Changes to Fees: Racewin Mart may modify its fees and taxes, and users will be notified of any changes.
  • Non-Payment: Non-payment of fees may result in account suspension or restricted access to services.
  • Refunds: Refunds for fees may be granted in specific cases, such as platform errors or service cancellations.

14. Confidentiality

The "Confidentiality" section in the Terms of Service outlines the obligations of both Racewin Mart Pvt. Ltd. and its users regarding the handling of confidential information. This section establishes expectations for how sensitive data, trade secrets, and other proprietary information should be treated to ensure privacy, security, and trust between parties. It serves to protect both users' personal information and any proprietary business data shared during the course of using the platform.

14.1 Definition of Confidential Information

"Confidential Information" refers to any non-public, proprietary, or sensitive information that is shared or accessed during the use of the Racewin Mart platform. This may include, but is not limited to, the following:

  1. User Information:
    • Any personal information shared by users, such as names, contact details, financial information, and any other data collected during registration or use of the platform. This also includes any information collected through customer support interactions or surveys.
  2. Business Information:
    • Information about the user's business, including product listings, pricing details, sales strategies, financial data, inventory data, marketing strategies, and business plans.
  3. Trade Secrets:
    • Proprietary information related to business operations, technologies, and intellectual property that are kept confidential by Racewin Mart. This includes algorithms, software code, customer lists, marketing strategies, and other business methods.
  4. Platform Data:
    • Data provided by Racewin Mart, such as platform analytics, user activity data, performance metrics, and any other data related to the functioning of the platform that is not publicly available.
  5. Third-Party Confidential Information:
    • Any information shared by third-party service providers, partners, or affiliates of Racewin Mart, which is protected by confidentiality obligations.
  6. Non-Disclosure Agreements:
    • Any information covered under separate non-disclosure agreements (NDAs) or specific contracts that both Racewin Mart and the user have agreed to.

14.2 Obligations of Both Parties

Both Racewin Mart and its users are required to maintain the confidentiality of sensitive information. The key obligations are as follows:

  1. Non-Disclosure:
    • Both parties agree not to disclose, share, or use any Confidential Information for any purpose other than fulfilling the purpose for which it was provided, unless explicitly authorized by the other party in writing or required by law. This ensures that confidential data is protected and not misused.
  2. Limited Access:
    • Access to Confidential Information will be limited to only those individuals or entities that need access to fulfill the obligations under the Terms of Service. This applies to employees, contractors, or affiliates of Racewin Mart and users who may require access to certain data to operate their businesses.
  3. Handling of Information:
    • Both parties agree to handle confidential information with the highest degree of care. This includes adopting reasonable security measures to prevent unauthorized access, use, or disclosure of confidential data. Racewin Mart, for example, would implement cybersecurity measures to safeguard user information, while users must take similar precautions regarding any business-sensitive data shared on the platform.

14.3 Exceptions to Confidentiality

While confidentiality is paramount, there are certain situations where disclosure of confidential information is permissible or required by law:

  1. Legal Requirement:
    • If either party is required to disclose confidential information under applicable laws, regulations, or legal process (such as a court order, subpoena, or regulatory authority), they must notify the other party promptly and provide them with an opportunity to contest the disclosure, unless prohibited by law.
  2. Consent:
    • If one party obtains written consent from the other to disclose specific confidential information, then such disclosure is permitted. This would apply to situations where both parties mutually agree to share information for purposes outside the scope of the platform’s usage.
  3. Public Domain:
    • Information that becomes publicly available through no fault of the disclosing party, or is independently developed by the receiving party without reference to the confidential information, is not subject to the confidentiality obligations.
  4. Third-Party Affiliates:
    • Racewin Mart may share confidential information with third-party service providers or affiliates who are assisting with platform operations, provided that they are bound by similar confidentiality obligations. For example, if a third-party payment processor is used, they would be required to keep user payment data confidential.

14.4 Duration of Confidentiality Obligations

The confidentiality obligations continue beyond the termination or expiration of the agreement between Racewin Mart and the user. The specifics include:

  1. Ongoing Confidentiality:
    • Both parties agree that they will continue to protect the confidential information even after they cease using the platform or after the termination of any agreements related to the platform. The obligation to maintain confidentiality typically lasts for a defined period, often several years (e.g., 5 years or more), depending on the sensitivity of the information.
  2. Return or Destruction of Information:
    • Upon termination of the agreement, both parties may be required to return or destroy any confidential information that was shared during the relationship. This may include business data, user information, proprietary technology, and any physical or electronic copies of confidential materials.
  3. End of Use:
    • Once the relationship ends, the receiving party must cease all use of the confidential information, ensuring that it is no longer being utilized for business or operational purposes.

14.5 Security Measures

Both Racewin Mart and the user are required to take appropriate security measures to protect the confidentiality of information shared through the platform:

  1. Data Encryption:
    • Sensitive data, such as financial transactions or personal identification details, must be encrypted when transmitted over the platform. Racewin Mart may use encryption protocols such as SSL/TLS to secure data in transit.
  2. Access Controls:
    • Both Racewin Mart and users must implement access controls to limit who can access sensitive data. For example, users may set passwords and authentication protocols to ensure only authorized individuals can view or modify sensitive business information.
  3. Regular Audits:
    • Racewin Mart may conduct regular audits of its systems to ensure that confidential information is stored securely and that there are no vulnerabilities in the platform. Users may also be encouraged to conduct their own internal audits to ensure compliance with confidentiality requirements.

14.6 Breach of Confidentiality

In the event of a breach of confidentiality, where confidential information is disclosed or used without authorization, both Racewin Mart and users agree to the following:

  1. Notification:
    • The party that becomes aware of the breach must promptly notify the other party and provide details of the breach, including the nature of the disclosure, the information involved, and the potential impact.
  2. Remediation:
    • Both parties must take immediate steps to mitigate the damage caused by the breach. This could involve ceasing unauthorized access, retracting shared data, or working to restore any lost security measures.
  3. Liability for Damages:
    • In the case of a breach, the responsible party may be liable for any damages incurred by the other party, including lost profits, legal costs, and reputational damage. If Racewin Mart is found to be responsible for a data breach, it may be required to compensate affected users.
  4. Legal Action:
    • If the breach is significant, either party may pursue legal action to enforce the confidentiality obligations, seek damages, or obtain an injunction to prevent further disclosure.

14.7 Confidentiality in the Event of Merger or Acquisition

In the event that Racewin Mart undergoes a merger, acquisition, or transfer of assets, the confidentiality obligations under these Terms of Service remain in effect:

  1. Transfer of Confidential Information:
    • Any confidential information held by Racewin Mart may be transferred to the acquiring entity, provided that the new entity is bound by similar confidentiality obligations. This ensures that users' sensitive data remains protected even in the case of business restructuring.
  2. Notification of Changes:
    • Users will be notified of any significant changes to the ownership or structure of Racewin Mart, particularly if it affects the handling or processing of their confidential data.

Summary of Key Points

  • Confidential Information includes personal, business, financial, trade secrets, and platform-related data that is shared between the parties.
  • Both parties are obligated to keep Confidential Information secure and prevent unauthorized disclosure, except when required by law or with consent.
  • Confidentiality obligations continue after the agreement ends, and both parties must return or destroy confidential data upon termination.
  • Both Racewin Mart and users must take appropriate security measures to protect confidential information, including encryption, access controls, and audits.
  • Breaches of confidentiality must be promptly addressed, and the responsible party may be liable for damages.
  • Merger or acquisition does not alter the confidentiality obligations, and users will be notified of changes to the handling of their data.

15. Limitation of Liability and Indemnification

The Limitation of Liability and Indemnification section of the Terms of Service is a critical part of any agreement between a service provider (like Racewin Mart Pvt. Ltd.) and its users. This section outlines the scope of responsibility and financial liability each party has in case of issues that arise while using the platform. It also describes the process of indemnification, which involves protecting one party from legal liability for certain actions or damages caused by another party.

15.1 Limitation of Liability

The Limitation of Liability clause is designed to define and restrict the extent of financial responsibility Racewin Mart will bear in the event that something goes wrong during the provision of services. This section ensures that Racewin Mart is not exposed to excessive financial risk, while also protecting the user from unfair claims.

  1. Exclusion of Certain Damages:
    • Racewin Mart disclaims liability for indirect, incidental, consequential, special, or punitive damages that may arise in connection with the use of the platform, even if the company was informed of the possibility of such damages. This includes loss of profits, business interruption, loss of data, or any other loss not directly caused by Racewin Mart’s actions.
    • Examples of damages that may be excluded include:
      • Loss of revenue or profits arising from platform downtime or service errors.
      • Loss of data in case of a security breach or system failure.
      • Reputation damage caused by user disputes, unauthorized access, or other issues not directly within Racewin Mart’s control.
  2. Maximum Liability:
    • The maximum liability of Racewin Mart in any circumstance will be limited to the amount of fees paid by the user in the 12 months immediately preceding the event giving rise to the claim, or the amount the user has paid for the specific service related to the claim, whichever is less.
    • This means that Racewin Mart’s financial responsibility is capped, limiting the damages that a user can claim to an amount no greater than what they have paid to the platform.
  3. No Liability for External Factors:
    • Racewin Mart is not liable for issues arising from external factors beyond its control, such as:
      • Acts of God: Natural disasters, pandemics, or other uncontrollable events.
      • Internet Outages: Disruptions in internet service or server failures outside Racewin Mart’s infrastructure.
      • User Errors: Mistakes or negligence made by the user, such as entering incorrect information or failing to follow platform guidelines.
  4. Third-Party Services:
    • Racewin Mart’s liability does not extend to any third-party services that users may engage with through the platform. This includes external links, payment processors, or any services not directly provided by Racewin Mart.
    • Users must address claims or issues with third-party service providers directly, and Racewin Mart will not be held responsible for their actions or omissions.
  5. Disclaimer of Warranties:
    • Racewin Mart does not offer any warranties regarding the availability, reliability, or performance of the platform. The service is provided "as-is" and without any guarantees of uninterrupted access or error-free operation.
    • This includes disclaims on any implied warranties of merchantability (suitability for a particular purpose) or fitness for a specific use. Racewin Mart does not promise that the platform will meet the user's specific needs, goals, or expectations.

15.2 Indemnification

Indemnification is the process by which one party agrees to protect the other party from potential legal liabilities or losses. In this section, both Racewin Mart and the user agree to certain responsibilities in case of legal action or claims resulting from their actions or the use of the platform.

  1. User’s Indemnification Obligations:
    • Users agree to indemnify, defend, and hold harmless Racewin Mart, its affiliates, officers, employees, agents, and other partners, from any and all claims, losses, liabilities, expenses, damages, and legal fees that arise as a result of:
      • The user’s breach of the Terms of Service or other agreements with Racewin Mart.
      • The user’s use of the platform in violation of intellectual property rights, privacy laws, or third-party agreements.
      • Any disputes with other users, such as fraudulent transactions, defamatory statements, or intellectual property infringements.
      • Unauthorized use of the platform, including accessing user accounts or data without permission.
      • Any content the user uploads or submits to the platform, including infringement of intellectual property or violation of third-party rights.
  2. Racewin Mart’s Indemnification Obligations:
    • Racewin Mart agrees to indemnify users from any third-party claims arising from Racewin Mart’s own actions, including:
      • Breach of Racewin Mart's contractual obligations.
      • Infringement of third-party intellectual property rights related to the platform’s software or services, provided that the user has not modified or misused the platform.
      • Misuse of the user’s personal data, provided the user followed Racewin Mart’s policies and guidelines.
    • Racewin Mart’s indemnification only applies when the claim or legal issue does not arise from the user's actions or failure to comply with the Terms of Service.
  3. Indemnity Procedure:
    • The party seeking indemnification (the Indemnified Party) must promptly notify the other party (the Indemnifying Party) in writing of any claim, demand, action, or proceeding that may require indemnification.
    • The Indemnifying Party has the right to control the defense of such claims, including the selection of legal counsel, and must cooperate with the Indemnified Party in defending the matter.
    • The Indemnified Party must not settle or compromise the claim without the Indemnifying Party’s consent, unless required by a court order or legal mandate.

15.3 Consequences of Non-Compliance

  1. Failure to Indemnify:
    • If either party fails to fulfill its indemnification obligations, the affected party can seek legal recourse and may pursue claims for any damages suffered as a result of non-compliance.
    • This may include seeking compensation for any legal fees, court costs, and damages resulting from the failure to indemnify.
  2. Limitation of Indemnification:
    • The indemnification obligations outlined in the section are not unlimited. In certain circumstances, such as where the indemnifying party did not have control over the situation, the responsibility for indemnification may be reduced or eliminated.
    • In the case of an intentional or fraudulent act, the party responsible may be liable for all damages, and the limitation of liability may not apply.

15.4 Exclusion of Liability for Certain Events

Both Racewin Mart and the user disclaim liability for certain actions that cannot be anticipated or controlled:

  1. Force Majeure:
    • Neither party will be held liable for any failure or delay in performing their obligations under the Terms of Service if the failure is caused by an event outside their reasonable control, including:
      • Natural disasters (e.g., earthquakes, floods, hurricanes).
      • War, acts of terrorism, civil unrest, or government intervention.
      • Internet or server outages, hacker attacks, or cybercrime.
      • Labour strikes or disputes.
  2. Data Breaches:
    • While both parties must implement reasonable security measures, Racewin Mart is not liable for damages resulting from data breaches or unauthorized access by third parties if the breach is caused by external factors beyond its control, such as sophisticated cyberattacks or hacking events.

15.5 Overall Impact on Users

  1. Understanding of Risk:
    • By using the platform, users acknowledge and accept that their participation carries certain risks. They agree to assume responsibility for their actions and any legal or financial consequences that arise from using the service.
  2. Insurance:
    • Users are encouraged to obtain their own insurance to cover potential risks and damages, including property loss, business interruption, or liability for third-party claims.
  3. Legal Compliance:
    • Both parties agree to comply with all relevant laws and regulations. This includes ensuring that any indemnification obligations align with the jurisdiction where disputes are resolved.

Summary of Key Points

  1. Limitation of Liability:
    • Racewin Mart’s liability is limited to the amount paid by the user in the last 12 months, excluding indirect or consequential damages.
    • The company is not responsible for events outside its control, such as natural disasters or third-party service failures.
  2. Indemnification:
    • Users agree to indemnify Racewin Mart against losses or claims caused by their actions, while Racewin Mart indemnifies users for claims arising from its own failures, such as intellectual property infringement.
    • Both parties must cooperate in defending against claims and will bear the costs of defending legal actions.
  3. Force Majeure:
    • Neither party is liable for events outside their control, such as natural disasters, war, or cyberattacks.

16. Governing Law and Jurisdiction

The Governing Law and Jurisdiction clause is a crucial element in any contract or agreement, as it determines the legal framework and the court system that will handle disputes related to the Terms of Service. This section ensures both parties understand the rules that will apply if legal issues arise and provides clarity on where and how disputes will be resolved.

16.1 Governing Law

The Governing Law provision specifies which country's or region's laws will apply to the interpretation and enforcement of the Terms of Service and any disputes between the parties. This is important because legal systems vary significantly from one jurisdiction to another, and it is essential to clarify in advance which legal system will govern the relationship.

  1. Jurisdiction-Specific Legal System:
    • Racewin Mart may specify that the laws of a particular country, state, or region will apply in case of any dispute. For example, if Racewin Mart operates primarily in India, the governing law may be the laws of India, and any legal issues will be resolved under Indian law.
    • Example: “These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.”
  2. Rationale for Governing Law:
    • The governing law clause is designed to provide predictability and consistency. It ensures that any legal proceedings will be conducted under a known and agreed-upon legal framework. This reduces the complexity of handling cross-border disputes, especially for international businesses or services that operate in multiple jurisdictions.
    • For example, if Racewin Mart is based in India but has users in the United States, it might select the law of India as the governing law to maintain uniformity and avoid conflicting legal principles between countries.
  3. Contractual Consistency:
    • The governing law clause provides clarity on the specific legal system that will interpret the agreement, ensuring consistent treatment of the contract and its provisions in case of a dispute. This avoids situations where two different legal systems might apply conflicting rules to the same contract.
  4. Choice of Law vs. Forum:
    • It is important to distinguish between choice of law and forum (the court that will hear the case). The governing law focuses on the legal principles that will govern the contract, while the forum focuses on where the dispute will be heard (i.e., the court or tribunal).

16.2 Jurisdiction

The Jurisdiction clause determines the location (geographically) and the court system that has the authority to resolve any disputes related to the agreement. It specifies which courts, within the jurisdiction chosen in the governing law clause, will have the power to hear legal cases.

  1. Exclusive Jurisdiction:
    • Racewin Mart may specify that only certain courts have the authority to hear legal disputes, meaning that the parties agree in advance where disputes will be litigated and prevent the possibility of a dispute being taken to an inconvenient or irrelevant jurisdiction.
    • For instance, the Terms of Service may stipulate that only courts in a specific city (e.g., New Delhi or Mumbai) have jurisdiction over any disputes.
    • Example: “Any dispute, controversy, or claim arising out of or in connection with these Terms of Service, shall be subject to the exclusive jurisdiction of the courts in [city/country].”
  2. Forum Selection:
    • In this clause, Racewin Mart may decide that any legal dispute related to the platform or Terms of Service must be filed in a specific court. This provides convenience and clarity for the company as it reduces the number of courts where litigation could take place.
    • Example: "The user agrees that any disputes shall be settled in the courts of jurisdiction in [Hyderabad/Telangana], where Racewin Mart is registered, and waives any objections to the venue."
  3. Alternative Dispute Resolution (ADR):
    • Some agreements may incorporate Alternative Dispute Resolution (ADR) mechanisms such as mediation or arbitration before resorting to formal court proceedings. This helps in resolving disputes in a less formal and potentially less expensive way.
    • Racewin Mart could include provisions for binding arbitration or mediation in the event of disputes. These options are often faster and more cost-effective than litigation.
    • Example: "In the event of any dispute, the parties agree to resolve the matter through binding arbitration in [Hyderabad/Telangana]."
  4. International Jurisdiction Considerations:
    • If Racewin Mart operates globally or serves users from multiple countries, it is common for the jurisdiction clause to specify a neutral jurisdiction or a country that is commonly recognized for international legal agreements.
    • For instance, Racewin Mart may stipulate that disputes be heard in an international arbitration center like the International Chamber of Commerce (ICC) in Paris, or the Singapore International Arbitration Centre (SIAC), or other internationally recognized bodies.
    • In such cases, the arbitration decision may be binding and enforceable in most countries that are signatories to international arbitration treaties, such as the New York Convention.
  5. User Consent to Jurisdiction:
    • By agreeing to the Terms of Service, users consent to the jurisdiction selected by Racewin Mart. This means they agree in advance to be subject to the laws and the courts in the designated jurisdiction, regardless of where they live or operate.
    • Example: "By using the services, the user agrees that any legal dispute shall be subject to the exclusive jurisdiction of the courts in [location]."
  6. Venue vs. Jurisdiction:
    • Venue refers to the specific location (i.e., city or court) within a jurisdiction where the legal case will be heard. Jurisdiction refers to the authority of the court over the legal matters at hand.
    • A court may have jurisdiction over a matter, but it may not be the appropriate venue for the dispute. For example, a court in New York may have jurisdiction over a dispute, but if the agreement specifies a court in California, the case must be heard there.

16.3 Dispute Resolution Process

This section may outline the steps that should be taken by both parties in the event of a legal dispute. These steps could include internal dispute resolution mechanisms, such as negotiation or mediation, before moving on to litigation or arbitration.

  1. Negotiation:
    • In the event of a dispute, the parties may be required to attempt negotiation before initiating legal proceedings. This process often involves direct communication between the parties or with the help of legal representatives to reach a resolution.
    • Example: "In case of any dispute, both parties agree to make good faith efforts to resolve the matter through negotiation before resorting to formal legal action."
  2. Mediation:
    • Mediation involves the intervention of a neutral third party to facilitate communication and assist the parties in reaching a mutually acceptable resolution. This is less formal than arbitration or litigation and can help resolve issues quickly.
    • Example: "The parties agree to attempt to resolve any dispute through mediation, using a mediator chosen by mutual consent."
  3. Arbitration:
    • If negotiation or mediation does not lead to a resolution, Racewin Mart may specify that the dispute be resolved through binding arbitration. This involves a neutral arbitrator who hears both sides and issues a decision that is legally enforceable.
    • Example: "Any dispute arising out of these Terms of Service will be resolved by arbitration in accordance with the [arbitration rules] of [arbitration body]."

16.4 Enforcement of Judgments

This section clarifies how any legal decisions, such as arbitration awards or court rulings, will be enforced.

  1. Enforceability Across Jurisdictions:
    • If a legal decision is made in one jurisdiction, the clause ensures that the decision can be enforced in other jurisdictions. For example, an arbitration decision made in Singapore can be enforced in India, the United States, and many other countries that are signatories to the New York Convention.
  2. Recognition of Foreign Judgments:
    • In certain cases, Racewin Mart may include provisions that clarify how foreign judgments (those made outside the governing jurisdiction) will be handled. This can help ensure that court orders are respected, even across borders.

Summary of Key Points

  1. Governing Law:
    • The Terms of Service will specify the laws of a particular jurisdiction ( India) that will govern the agreement and its interpretation.
  2. Jurisdiction:
    • Disputes must be handled in specific courts as chosen in the agreement, and the parties agree to submit to the exclusive jurisdiction of those courts.
  3. Alternative Dispute Resolution:
    • The agreement may require mediation or arbitration before litigation, providing a more cost-effective and efficient means of resolving conflicts.
  4. International Jurisdiction:
    • If Racewin Mart operates globally, the jurisdiction clause might allow for international arbitration, using recognized bodies like the ICC or SIAC.
  5. Enforcement of Decisions:
    • Legal decisions, whether from courts or arbitration bodies, can be enforced across different jurisdictions in accordance with international treaties and agreements.

17. Amendments and Updates

The Amendments and Updates section outlines the process through which the Terms of Service may be modified, updated, or amended over time. This clause is vital because it ensures that users are aware of how changes to the agreement will be communicated, the process for making those changes, and the effect such changes have on the relationship between the company and its users. It provides a clear understanding of how the company may adapt its policies and services as needed.

17.1 Right to Modify or Amend Terms

This part of the section grants Racewin Mart the authority to modify, update, or amend the Terms of Service at any time, with or without prior notice to users. It outlines that the company reserves the right to make such changes for various reasons, such as changes in laws, updates to services, or business needs.

  1. Company's Discretion:
    • Racewin Mart retains the ability to change the Terms of Service whenever it deems necessary. These changes can be related to new laws, new business operations, technological improvements, or any operational need.
    • Example: "Racewin Mart reserves the right to amend, update, or modify these Terms of Service at its sole discretion without prior notice."
  2. Scope of Changes:
    • Changes can involve adding new clauses, removing existing ones, or altering the terms to reflect a shift in business priorities. For example, Racewin Mart might add new provisions to cover additional services or functionalities that weren't previously offered.
    • Example: "The Terms may be amended from time to time to reflect changes in services, operational procedures, or legal requirements."
  3. Notification of Changes:
    • This clause may specify whether and how users will be notified when changes are made to the Terms of Service. Notification can be in the form of emails, pop-up notifications on the website, or posts on the company's platform.
    • Example: "Racewin Mart will notify users of any material changes to the Terms of Service via email or through a prominent notice on our website."

17.2 Effective Date of Amendments

Once updates or amendments are made, this section clarifies the effective date of those changes. It outlines when the updated Terms will become legally binding, which may either be immediately or after a specified period.

  1. Immediate Effect:
    • Some amendments may take effect immediately upon posting, especially for non-material changes or updates that do not drastically affect user rights or obligations.
    • Example: "The updated Terms of Service will take effect immediately upon posting on the website."
  2. Notice Period:
    • In other cases, the company may provide a notice period to users (e.g., 30 days) before new terms come into effect. This gives users time to review the changes and decide if they want to continue using the service under the updated terms.
    • Example: "The updated Terms will take effect 30 days after posting, during which users may review the changes and continue using the services under the updated terms."
  3. Opting Out of Updated Terms:
    • Users may also be provided with the opportunity to opt-out of the updated terms if they do not agree with the new provisions. This may include ceasing to use the service or deleting their account.
    • Example: "If you do not agree to the revised Terms of Service, you must cease using the services and may terminate your account as per the termination provisions of these Terms."

17.3 User Responsibility to Review Terms

This part emphasizes that it is the responsibility of the user to regularly review the Terms of Service for updates or changes. Users should be aware that by continuing to use the services after changes are made, they are agreeing to the updated terms.

  1. Continual Agreement:
    • Users are expected to review the Terms periodically and ensure they are aware of any modifications that might affect their use of the services. This ensures that users are continuously informed of their rights and obligations.
    • Example: "By continuing to access or use the services after the updated Terms of Service become effective, you agree to be bound by the changes."
  2. No Obligation to Personally Inform Users:
    • The clause may also make clear that while Racewin Mart will make reasonable efforts to inform users about significant updates, it is ultimately the user’s responsibility to stay informed about any amendments.
    • Example: "Racewin Mart is not obligated to individually notify each user about changes to the Terms of Service, but users are advised to check the Terms regularly for updates."

17.4 Types of Changes to Terms

This section may categorize the types of changes that may be made to the Terms of Service. Some changes may be material, affecting core rights or obligations of users, while others may be non-material, which do not have a substantial impact on user behavior or service offerings.

  1. Material Changes:
    • These are significant modifications that could impact the user's rights, obligations, or experience using the service. For example, introducing fees where there were none before or changing the privacy policy to share more personal information.
    • Example: "Material changes may include, but are not limited to, changes in pricing, new data collection practices, or changes to the scope of services provided."
  2. Non-Material Changes:
    • These are minor updates that do not drastically alter the user’s relationship with the service. Examples may include language refinements, changes to legalese for clarity, or updates to non-essential policies.
    • Example: "Non-material changes may include updates to our contact information or minor clarifications of the Terms."
  3. Transparency in Material Changes:
    • When material changes are made, Racewin Mart may make extra efforts to ensure users are aware of those changes. This can include more prominent notifications and a clear explanation of the nature of the changes.
    • Example: "If we make material changes to the Terms of Service, we will provide clear and prominent notice through email or a banner on the homepage."

17.5 User Consent After Changes

After the updates or amendments are posted, users may be required to acknowledge or consent to the new terms in certain cases, particularly when the updates involve substantial changes to their rights or obligations.

  1. Explicit Consent:
    • Racewin Mart may require users to actively accept the revised Terms by clicking an "I Agree" button or through some other form of explicit consent.
    • Example: "In some cases, you will be asked to explicitly accept the revised Terms before continuing to use the service."
  2. Implied Consent:
    • Alternatively, the company may operate on the premise that continued use of the services after the changes indicates implied consent.
    • Example: "If you continue using our services after the effective date of the changes, you implicitly agree to the updated Terms."

17.6 Historical Versions of Terms

This section may mention that previous versions of the Terms of Service will be accessible for reference. Users may be able to see prior versions of the agreement to understand how the terms have evolved over time.

  1. Version History:
    • Racewin Mart might maintain a version history of the Terms of Service, which can be helpful in case of disputes or for users who wish to review how specific terms have changed.
    • Example: "You can view the previous versions of the Terms of Service by visiting the ‘Version History’ section of our website."
  2. Access to Previous Terms:
    • The company may provide a means for users to access prior versions of the Terms for transparency purposes, especially if any substantial changes were made.
    • Example: "A link to the historical versions of these Terms is available in the footer of our website for your reference."

17.7 Consequences of Not Agreeing to Updated Terms

This section clarifies the consequences for users who do not agree to the updated Terms of Service. Users may be required to stop using the service or may lose access to certain features if they do not accept the new terms.

  1. Ceasing Use of Services:
    • If users disagree with the updated Terms, they may be required to stop using the services. The company may outline the procedure for account termination or stopping access to certain features.
    • Example: "If you do not agree with the revised Terms, you must stop using our services and may choose to close your account as described in the Termination section."
  2. Loss of Access:
    • Users who do not agree to the new Terms may also lose access to specific features or benefits that were available to them under the previous agreement.
    • Example: "Failure to accept the updated Terms may result in limited access to the service or termination of your account."

Summary of Key Points

  1. Modification Rights:
    • Racewin Mart retains the right to update or modify the Terms of Service at any time, with or without prior notice.
  2. Effective Date:
    • The company will specify the effective date of any changes, with updates either taking effect immediately or after a certain period.
  3. User Responsibility:
    • Users are encouraged to regularly review the Terms to stay informed about any changes. By continuing to use the services, users implicitly agree to the updated Terms.
  4. Material vs. Non-Material Changes:
    • Significant changes to the Terms may be highlighted, while minor changes may be applied more discreetly.
  5. Consent:
    • Users may be required to provide explicit or implied consent to the updated Terms. Continued use of the services after the effective date constitutes agreement to the changes.
  6. Version History:
    • Previous versions of the Terms may be accessible for users to review and compare changes over time.
  7. Consequences of Non-Agreement:
    • If users do not accept the new terms, they may be required to stop using the services or may lose access to certain features.

18. General Conditions

The General Conditions section typically serves as a catch-all for terms and policies that govern the overall usage of a service, application, or website. This section encompasses various stipulations that address how users are expected to interact with the platform, the company's operational scope, and any legal or logistical considerations that apply to the relationship between the company and the user.

The General Conditions are usually broad and include statements that cover both the user's and the company's rights, responsibilities, and limitations. These clauses often serve as a safeguard to ensure that the platform runs smoothly and that both the company and its users are operating under clear, agreed-upon guidelines.

Here’s a detailed breakdown of what the General Conditions section typically includes:

18.1 Entire Agreement

The Entire Agreement clause confirms that the Terms of Service, together with any other documents or policies referenced within the Terms (such as Privacy Policy, Cookies Policy, etc.), constitute the full and complete understanding between the user and the company. This clause typically asserts that no other verbal or written agreements supersede the Terms of Service unless explicitly stated.

  1. Full Understanding:
    • This ensures that both parties agree that the Terms, as outlined, cover all aspects of their relationship and interaction.
    • Example: "These Terms of Service, together with our Privacy Policy and any other relevant policies, constitute the entire agreement between you and Racewin Mart regarding your use of the services."
  2. Superseding Other Agreements:
    • It also clarifies that any prior discussions, agreements, or understandings—whether verbal or written—are replaced by these Terms.
    • Example: "Any previous agreements or understandings between you and Racewin Mart, whether oral or written, are superseded by these Terms."

18.2 Severability

The Severability clause ensures that if one or more provisions of the Terms of Service are found to be illegal, invalid, or unenforceable, the remainder of the agreement remains in full effect. This prevents the entire agreement from being voided due to one problematic clause.

  1. Protection of Agreement Integrity:
    • If a court finds one part of the Terms to be unenforceable, the rest of the document still stands. This maintains the overall agreement intact.
    • Example: "If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect."
  2. Partial Enforcement:
    • This ensures that even if certain provisions are found to be void, the company can still enforce other parts of the agreement.
    • Example: "The unenforceable provision will be amended to reflect the intent of the original provision, to the extent permissible under applicable law."

18.3 Waiver

The Waiver clause asserts that if either party (the company or the user) does not enforce a part of the agreement immediately, it does not mean they have waived the right to enforce it in the future. The waiver clause helps clarify that failure to exercise any rights or enforce any provision of the Terms doesn’t forfeit those rights.

  1. No Automatic Waiver:
    • If Racewin Mart fails to act on a breach or violation of the Terms, this doesn’t imply that they forgo the right to act on that breach later.
    • Example: "Failure by Racewin Mart to enforce any provision of these Terms shall not be deemed a waiver of such provision."
  2. Future Enforcement:
    • This ensures that the company maintains the ability to enforce all parts of the Terms of Service in the future, regardless of whether they chose not to enforce them immediately.
    • Example: "The waiver of any breach or default will not be construed as a waiver of any subsequent breach or default."

18.4 Assignment

The Assignment clause explains whether or not the user can transfer their rights or obligations under the Terms of Service to a third party. Usually, this clause allows the company to transfer or assign their rights to another entity but restricts users from doing so without prior approval.

  1. Transfer by Racewin Mart:
    • Racewin Mart may assign its rights or obligations to a third party (e.g., in the case of mergers, acquisitions, or changes in ownership).
    • Example: "Racewin Mart may assign or transfer its rights and obligations under these Terms without your consent."
  2. Restriction on User Transfer:
    • Users are typically prohibited from transferring their rights or obligations to third parties without obtaining explicit consent from the company.
    • Example: "You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Racewin Mart."

18.5 Force Majeure

The Force Majeure clause addresses circumstances beyond the control of either party that prevent the performance of contractual obligations. This could include natural disasters, wars, strikes, or other major events that hinder the company's ability to provide services.

  1. Unforeseeable Events:
    • The company is not liable for failing to fulfill its obligations if such failure is caused by unforeseen and uncontrollable events, such as natural disasters or governmental actions.
    • Example: "Racewin Mart will not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, war, strikes, or government actions."
  2. Temporary Suspension:
    • In some cases, services may be temporarily suspended due to force majeure events. The company may outline the process for how services will resume once the event is resolved.
    • Example: "If a force majeure event occurs, Racewin Mart will take reasonable steps to resume performance as soon as practicable."

18.6 Headings

The Headings clause clarifies that the headings used in the Terms of Service are for convenience only and do not affect the interpretation of the clauses. This is a common legal standard to ensure that the headings don’t influence how the actual content is enforced.

  1. Non-Impact of Headings:
    • The headings serve only as an organizational tool and should not be considered when interpreting the content of the agreement.
    • Example: "The section titles and headings in these Terms are for convenience only and have no legal or contractual effect."

18.7 Relationship of the Parties

The Relationship of the Parties clause explains that the Terms do not create a partnership, joint venture, or employment relationship between the user and the company. The user is an independent party utilizing the company’s services, and there is no agency or employment agreement being established.

  1. Independent Relationship:
    • The relationship between Racewin Mart and its users is strictly one of service provision and use; it does not imply any further business or personal connection beyond that.
    • Example: "Nothing in these Terms will be construed as creating an agency, partnership, or joint venture between you and Racewin Mart."
  2. No Employment:
    • The clause helps clarify that users are not employees or contractors of the company simply by using its services.
    • Example: "You agree that your use of the services does not create any employment, joint venture, or partnership relationship with Racewin Mart."

18.8 Compliance with Laws

The Compliance with Laws clause outlines that both the company and the user must comply with all relevant laws, regulations, and ordinances applicable to their activities. This includes both local and international laws, especially if the service is used across different jurisdictions.

  1. Obligation to Follow Laws:
    • Users are required to comply with all applicable laws when using the service, especially when engaging in transactions, content creation, or other activities that may be subject to regulation.
    • Example: "You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the services."
  2. Racewin Mart’s Compliance:
    • Racewin Mart also agrees to adhere to applicable laws governing the operation of its services.
    • Example: "Racewin Mart will comply with all applicable laws governing the provision of the services and the protection of your data."

18.9 No Third-Party Beneficiaries

This clause specifies that the Terms of Service are intended solely for the benefit of the user and Racewin Mart, and not for the benefit of any third party. Third parties cannot enforce any provisions of the agreement unless explicitly stated otherwise.

  1. Exclusion of Third-Party Rights:
    • This ensures that only the parties involved (the company and the user) can enforce the rights and obligations under the Terms.
    • Example: "These Terms are for the exclusive benefit of Racewin Mart and the user, and no third party has any rights or claims under these Terms."
  2. Exceptions for Legal Rights:
    • In some cases, there might be exceptions, such as when a third party has specific legal rights under a provision, but these should be clearly stated.
    • Example: "Nothing in these Terms is intended to confer any rights on any third party, except as       explicitly provided by law."

18.10 Legal Notices

The Legal Notices clause sets forth how legal notices should be sent between the company and the user. This could include notifications about updates to the Terms, changes in services, or legal claims.

  1. Method of Sending Notices:
    • Notices may be sent through email, posted on the company’s website, or via physical mail, depending on the context.
    • Example: "Any legal notices will be sent to you via email or posted on our website as described in the communication section."
  2. User's Duty to Update Information:
    • Users are often required to keep their contact information up to date to ensure they receive these notices.
    • Example: "You agree to provide and maintain accurate contact information so that you can receive any necessary legal notices."

Summary of Key Points in General Conditions

  1. Entire Agreement:
    • The Terms of Service constitute the complete and binding agreement between the user and Racewin Mart, superseding any prior agreements.
  2. Severability:
    • If any provision is found unenforceable, the rest of the Terms remain valid.
  3. Waiver:
    • Failure to enforce a provision does not waive the right to enforce it in the future.
  4. Assignment:
    • Racewin Mart can assign rights to third parties, but users cannot do so without consent.
  5. Force Majeure:
    • Racewin Mart is not responsible for service failures due to events beyond its control.
  6. Headings:
    • Section headings are for convenience and do not affect interpretation.
  7. Relationship of the Parties:
    • The user and Racewin Mart maintain an independent relationship with no partnership or employment ties.
  8. Compliance with Laws:
    • Both parties must comply with all relevant laws in their jurisdiction.
  9. No Third-Party Beneficiaries:
    • The Terms are for the benefit of the user and Racewin Mart, and no third party can enforce them.
  10. Legal Notices:
  • Legal notices are to be communicated via email or other specified methods, and users must maintain accurate contact details.





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