FACILITATION
SERVICE AGREEMENT (“Agreement”)
This document is an electronic record in terms of
Information Technology Act, 2000 and rules made thereunder as applicable. This
electronic record is generated by a computer system and does not require any
physical or digital signatures. This document – the “Facilitation Service
Agreement” is an agreement between You (the “Facilitator”),
being a person interested in providing services relating to
broking/facilitating (by use of specially adopted
market promotion and techniques) various
vendors/customers to
reach the platform (NIKSHOO) and
become a registered vendor/customer at the platform,
and Greenshoots Retail Pvt. Ltd. (“Company”
or “NIKSHOO”). NIKSHOO is in the business of developing and operating
e-commerce platform (“Platform”) for independent third party vendors
& manufacturers to list & sell their products through the platform. By
accepting this agreement, You signify that you have read and agree to the
covenants contained in this Agreement, including that you have read and give
unconditional consent to the Terms & Conditions and Privacy Policy which
can be found at <insert link to T&C> & <insert link to privacy
policy>, which is incorporated herein as a part of the covenant, and that
you undertake to be governed by the laws of India. This is a “Click Wrap
Contract”. NIKSHOO has set up and operates a technology-based platform that
facilitates sale of products and hosting services to its registered users and
persons browsing/visiting the Platform. The purchase of products and services
shall be governed by this agreement alongwith the Terms & Conditions.
NIKSHOO is a company engaged in providing services of providing an E-catalogue
with features of listing by vendors, placing of orders with vendors by
customers and other sale facilitation services. Facilitator and NIKSHOO shall
hereinafter be collectively referred to as “Parties”.
The
specific terms of the agreement are as under:–
1.
The facilitator
agrees and undertakes to provide the following services as against the
consideration received by it under the Clause 2 of this Agreement:–
a) The facilitator shall provide broking/facilitating
(by use of specially adopted market promotion and techniques) various
vendors/customers to
reach the platform (NIKSHOO) and
become a registered vendor/customer at the platform.
b) The
facilitator shall maintain a register of the vendors/customers that registered
at the Platform by reference/facilitation of the Facilitator.
c) The
facilitator shall by allotted a unique facilitation referral code by NIKSHOO,
and it shall ensure that the vendors/customers facilitated by it, mention the
same code while registering as a vendor/user at the Platform.
2. The
Company shall pay a commission (on quarterly basis) at a rate decided by
Nikshoo and informed to the facilitator at the time of registration, to the
facilitator for each sale made with facilitator code mentioned therein. Provided
that the Company shall not be liable to pay commission charges for any sale in
which the unique facilitation referral code of Facilitator is not mentioned.
3. Arrangement
as set out in this Agreement between the Parties is on a non-exclusive basis
and Facilitator hereby
agrees that the nikshoo is permitted to enter into a similar or same agreement
with other Platforms. Similarly, nikshoo agrees that Platform is permitted to enter into a similar or
same agreement with other similar service facilitators.
4. The
Agreement is being entered into on a Principal to Principal basis. The Facilitator
is an independent person and not a Partner or an
agent and/or employee and/or workmen/worker/labour of the NIKSHOO. The Facilitator
agrees that it will not represent that it is an
agent of the NIKSHOO nor hold himself/herself out as such. The Facilitator
shall not enter into any agreement or arrangement with any third party which
will bind NIKSHOO legally or otherwise.
5. This
Agreement may be amended, changed, modified, supplemented, by the Company by
seeking Your consent to the updated Agreement in a specified manner prior to
any further use/conduct/sale at the Platform. You may withdraw your consent to
the amended Agreement, at any time by initiating request for deletion of your
account at the platform, forthwith your account will be deleted and the updated
Agreement shall not be applicable to you. Your use of Platform, conduct at the
Platform, sale and all the obligations under this agreement are subject to the
most current version of the Agreement made available on the Platform, at the
time of such use/conduct/provision. You are requested to regularly visit the
Platform to view the most current Agreement. It shall be your responsibility to
check the Agreement periodically for changes incorporated therein.
6. Any
notice, consent, request, demand, approval or other communication to be given
or made under or in connection with this Agreement (each, a “Notice” for
the purposes of this clause) shall be in English, in writing and signed by or
on behalf of the Party giving it and must be effected by electronic mail with a
signed pdf attachment and shall be deemed to be served upon delivery.
·
In the case of notices to NIKSHOO:
E-mail: info@nikshoo.com
·
In the case of notices to Facilitator:
E-mail address provided by facilitator at the time of registration.
7. This
Agreement shall be governed in accordance with the laws of India without
reference to conflict of laws principles. In the event that any dispute or
difference should arise between You and Company in performance, interpretation
and/or application with respect to the Agreement and/or any matter relating to
or arising out of the Agreement shall be referred to the Sole Arbitration of an
Arbitrator to be appointed by the Company whose decision shall be final and
binding upon the Parties. Any notice by the Arbitrator to You shall be sent by
registered post at the address mentioned by you while registering your account
with us, and it will be deemed to be sufficient notice to the Parties. The
costs and expenses of the arbitration proceedings shall be borne by You. The
sole Arbitrator shall conduct the arbitration proceedings at place and location
to be decided by Company, in case of such dispute and shall be binding on You.
It is also agreed by You that arbitration proceeding would be conducted in
English only and in no other language. You agree that all claims, differences
and disputes arising under or in connection with or in relation hereto the
Platform, the Agreement or any transactions entered into on or through the
Platform or the relationship between You and Company shall be subject to the
exclusive jurisdiction of the courts at Indore, India and You hereby accede to
and accept the jurisdiction of such courts.
<END
OF FACILITATION SERVICE AGREEMENT >