Apptmart

Terms & Conditions

Welcome to Apptmart!

Our Privacy Policy (“Privacy Policy”) with Apptmart Service Terms governs your use of the Platform and/or Services together under the following Terms & Conditions (“Service Terms”)

The Apptmart Terms and Conditions are a binding and enforceable legal obligation between you and Apptmart and its affiliates.

You agree to be bound by Apptmart Terms through the use of the Platform and/or the Services. Do not access and/or use this Platform or the Services if you don’t agree with the Service Terms.

Users with Apptmart accounts are restricted to the access and usage of password protected and/or secure Platform areas and/or use of services. You may not obtain or try, by any methods which we may not knowingly make available for your own individual use. Unauthorised access to such sections of the Platform and/or Services or other protected information is an offence under The Information Technologies Act, 2000 and may constitute an infringement of this provision.

Apptmart Account

You must be at least 18 years of age or older to use the Apptmart Platform & Services.

If you are under the age of 18, you must receive consent from your parent or legal guardian(s), accept the terms of service and accept responsibility from your parent(s) and your legal guardian(s) for the below –

  • your actions, including your promotion/provision of eventual user content and user products.
  • any charges relating to the use or purchase of any of the Services.
  • your acceptance and fulfilment of these Service Terms. You must stop using/accessing this platform and services immediately if you do not have the agreement of your parent(s) or legal guardian(s).

You must log in and create an account to access and utilise our Services, providing your valid e-mail address, your mobile number, and essential other information. You may be prompted to check your email address and/or mobile number as part of the account activation procedure. Please note that certain aspects of the Services may be activated under a special/additional process of verification.

The person signing and opening an account shall be deemed the Account Owner and contractual party for the purposes of our Service Conditions and shall be the person authorised to use the account for the Services subject to Clause 1.5 below.

If you open or operate an account on your employer’s behalf or any third party, your employer or such third party shall be deemed the Account Owner and you represent and warrant that you have the power to act on behalf of that employer or any third party and bind that employer or third party to the Terms of Apptmart.

You guarantee that all the information and details supplied in creating your account are complete, accurate and true. You must ensure that the User Profile keeps such personal data and information updated, at all times.

You are responsible for all activities on your account, including password, and are responsible for maintaining the security and secrecy of your password on your account. You must contact us immediately if you have been aware that the confidentiality of your password has been breached or if your account or any other known security violation linked to the account has been unauthorised.

We are not responsible for any losses or damages arising from your shared account information. It’s advisable not to keep your account details in your internet browser when you use a shared computer/device.

You should immediately notify us to disable your account when you have cause to believe that the data on your account has been acquired by another person without permission.

In the case of an account ownership dispute, we may temporarily impair services until the parties have resolved the issue. Based on our reasonable judgement, whether an independent inquiry was or was not undertaken by us, we reserve the right to establish and/or give ownership of an account. We reserve the right to ask for or confirm ownership of an account document. However, we reserve the right to avoid such decisions without any liability to you or any other party, as may be deemed in our sole discretion.

Privacy

As part of the Services (and Third-Party service we make available via the Platform and the Services) the Providers of Apptmart and/or Third-Party Services may require access, collection and use of personal data, including the activities or browsing carried out by you and the End Users through Services and/or Account, about yourself and your business. You understand and agree that these activities are governed by our Privacy Policy and by each third party’s privacy policy.

General Use of Services and/or Access to the Platform

Your Obligations. You Agree and Undertake –

Comply with all of the services usage guidelines, notices, operational regulations and instructions and/or access to the Platform, as we may from time to time modify;

Be totally accountable for all activity on your account, whether authorised or not by you;

Comply with any laws applicable to yourselves, your end-users, your user products or the country(ies) from which the user products are sold to/from;

Save and back up any user content or information regarding your end-users, your user products and any third-party applications or services that you may utilise regularly.

Restricted Activities. You Agree Not To –

use Platform or Services for unlawful or unauthorised purposes.

post, advertise or sell any prohibited products or initiate fraudulent or misleading correspondence over the Platform or the Services.

posting, transmitting or displaying any user content that may be regarded in a context which is scandalous, dishonest or reprehensible, obscene, profane or harassing, threatening, abusive, racist, inflammatory, disappointing or fraudulent, encourages or otherwise violates Apptmart or any third party’s rights (including any privacy rights and/or rights to intellectual property and/or contractual rights).

upload or transmit information, content or intellectual rights not transferred to you;

use an account of another user in any capacity;

copy, reproduce, sell, resell, or exploit any component of the Services or any other content in the Platform subject to or without Apptmart’s explicit written authorization;

remove the current trademarks and logos of Apptmart from templates provided as part of or related to the Services.

use Platform and/or Services for any person or entity to impersonate or to submit false information;

attempt to gain unauthorised access to any portion of the Platform or to any server, system, computer or database connected with the Platform or the Services;

use or upload any software or materials that contain, or are reasonably suspected of containing, viruses, harmful components, malicious codes of dangerous components capable of impairing or harming the data of the platform or of impairing its function;

take action that would impose an unreasonable or excessive load on the services infrastructure or the services-connected Apptmart systems or networks, attack or otherwise interfere with or interfere with the operation of any of the service or server;

acting in a way that is deemed to impair our name and goodwill or that disrepute or harms Apptmart;

abuse and use of the verbal or written threats or vulgar language (including revenge threats) against one of our users, employees or officials (including external consultants);

copy or plagiarise contents or material from the Platform or communication channels of Apptmart;

you may incur a crime under the Information Technology Act (2000) or other statutes by infringing the requirements of the Apptmart Terms. We reserve the right to report these violations to the competent authorities and communicate your identity and/or account information in full with such authorities.

we retain the right to take one or several actions if you violate the conditions of the Apptmart Terms substantively:

  • provide you with a written warning
  • shut down your web-store and/or end your account with Apptmart, as the case may be
  • Initiate a lawsuit against you
  • any such measures that we consider reasonably suitable, under the circumstances

In the context of infringements of the Apptmart Terms, we exclude all liability arising out of any actions (including, but not limited to, those described above).

Our Rights. We Reserve Rights to –

monitor, display and remove any User Website or User Content from the Platform, request the removal or modification within a specified time frame of your User Content from the User Website or the Platform, and/or request that your account refrains from promoting and/or transmitting user content. In our sole discretion we can investigate and take whatever steps we see appropriate in violation of Apptmart Terms;

restrict access, interrupt or, for any reason, deactivate your account at any moment.

report to competent authorities and cooperate with them any action that we feel violates any applicable law;

request information from you regarding your use of the Services and/or any time you have access to the Platform;

give your competitors our Services and do not guarantee exclusivity in any single market niche. You further understand and agree to the fact that, even if your information is not being used, our employees and contractors may also be our merchants and compete with you;

reject your application, cancel or terminate your existing account at our sole discretion, for any reason.

User Content & Products

Our Design Templates

You can customise the layout templates of Apptmart to suit your user website as far as the functionalities are supported. You cannot alter all features and sections of Apptmart Layout Templates, since we reserve the right to lock down certain aspects/parts to ensure that the platform and services are functioning properly. We may at all times and without prior contact to you add or modify the footer referring to Apptmart.

No content in layout templates that is subject to intellectual property rights must be copied, duplicated, sold, resold or used. We may modify our design models at our sole discretion, especially where, even if in that condition you have received a template and used this particular template on your web-store, we feel that a template is unlawful, offensive, threatened or otherwise objectionable or that it inhibits the intellectual property rights of anyone. We can also tweak the design to reflect technical modifications and updates if necessary.

Selling of User Products

The User Products and all sales transactions which take place via your account via any available channel are your full responsibility. The right taxes for your user products are your responsibility.

You are also responsible for providing all information required from actual and potential user products buyers, including (but not limited to) complete and transparent information on specifications, particularly those required in your country by regulation, recommended use, ingredients, expiration date, health and safety concerns, age restrictions, guarantees and warranties.

We just provide you with a platform to manage your business. We are not involved in your relationship and/or transaction with any real or possible buyer of your user products and Apptmart is not responsible on your behalf or concerning your user products for any customer engagement.

Intellectual Property

Your Intellectual Property

You shall be liable and own all intellectual property in connection with your user content, which includes designs, images, fonts, logos, pictures, compositions, artworks, interfaces, text, or literature. If the intellectual property rights of any third party are violated by your User Content, you are liable to compensate Apptmart and the Third-Party Service Providers, against any claim, damages, loss and costs (including legal costs).

You grant us a worldwide, unlimited, revocable right to free use your trademark on our platform and/or services to provide our services to you and to recognise your business and your products and services, to identify them and to refer to them, for the purpose of marketing activities or advertising activities.

Our Intellectual Property

All rights, title and services are Apptmart property or are licenced to Apptmart, including any copyrightable material. Unless you comply with the Apptmart Terms and pay all applicable fees on time, we grant a non-exclusive, unavailable, totally revocable and limited licence to use the services for the promotion of your user content and for the display of an offer to end-users of your user products solely via e-mail after your account has been established and as long as we provide you with our Services.

Trademarks

Trademarks are our own or third-party service providers registered and unregistered trademarks. Nothing in the Platform or these Terms of Service shall, without the prior approval or approval from any other registered trademark owner, be regarded as granting any implication or otherwise any licence or right to use any Trademarks displayed on the Platforms.

Without Our Prior Written Approval, You Shall Not –

  • use any trademark in connection with any product, service, merchandise or website;
  • copy, reproduce, adapt, modify, distribute, publish, post or use, otherwise or for whatever purpose, any content in the Platform;
  • distribute or use any part of the Platform on any website or network;
  • link hyperlink or link to any web site the platform and/or any trademark;
  • frame or otherwise include any content or other material on the Platform on another website.

While you may descriptively use the Trademarks or Platform, you are not referring to trademarks or the Platform to suggest any way that Apptmart, its affiliates, partners, business partners and third-party service providers affiliate or promote you.

Payment & Fees

Subscription

You’re charged a subscription fee based on the subscription plan you choose, under the subscription model specified in Clause 11.0. To avoid any doubt, all transactions and other applicable fees paid by third-party service providers, such as payment gateways and/or shipping suppliers, shall remain subject to their terms and conditions.

No matter what subscription plan is chosen, all subscription fees can be paid in advance. You will receive a payment receipt from Apptmart, after payment of the subscription fees. By creating an account, you allow Apptmart to automatically debit your permitted payment source’s applicable subscription fees.

The amount paid shall not be refunded.

Additional customization costs between the two parties can be determined and paid accordingly.

The first year will grant an additional 14 days. The plan will be auto-renewed after 1 year and 14 days. It would be non-refundable post plan payment.

The transaction per cent + taxes are deducted during the transaction on the basis of the plan option.

The invoice would be delivered to the merchant for cash-on-delivery transactions monthly. You are expected to pay within 15 days from the date of the invoice.

Other Fees

Fees will be payable for the use of certain services. You must pay any applicable fees correspondingly if you intend to use these services. Apptmart has the right from time to time to change its pricing patterns and/or service charges. Apptmart will offer information on the current fees or any platform variances.

Promotions

Occasionally, Apptmart can give a fee promotion or price promotion on any of our services. Promotional pricing applies to the first fee only. Unless otherwise noted, subsequent billings and renewals shall be at the original price.

Authorized Payment Source

We charge applicable fees to the Payment Authorized Source selected by you on your first payment to Apptmart and we continue to charge the applicable fees to the Authorized Payment Source (or any alternative payment sources) until the account is removed and/or all outstanding fees are paid in full. You will be compelled to pay us through an alternative way if your approved payment source is not valid for any cause. If you do not pay, we reserve the right to use all methods required to recover the remaining amount.

Taxes

The fees are exclusive of taxation. All relevant taxes in connection with the use of the services or any payments you make will be charged to you.

Auto-Debit

You agree that Apptmart will be entitled to debit your authorised payment source on all fees applicable for using and/or renewal of the Platform including, but not limited to, subscription, transaction fees, etc.

Currency

All payments are in the currency indicated in the invoice of Apptmart.

Changes to the Fees & Services

Fees for the use of the Services may be modified by Apptmart with a (30) days prior notice.

We have the right to change, suspend or stop the services at any time without notice. We will not be accountable for any modification, change in fee, disruption or deletion of the services to you or any third person.

Cancellation, Downgrade or Deletion of Account

Lock-in Period

The initial period of (12 ) months of the Agreement Period shall be the Lock-in period and during the Lock-in period, neither party shall have the right to terminate and/or cancel this Service Agreement. After the Lock-in-period, either party may terminate this agreement by giving the other a written notice of not less than one month.

Where a party decides to terminate the agreement before completion of the Lock-in period, the proposing party should refund the other party for the cost of a subscription plan equal to three (3) months.

Cancellation of Subscription by You
You can terminate and/or downgrade your account at any moment after completion of the Lock-in Period. This can be implemented on the Platform and takes effect after the end of the subscription cycle.

Deletion of Account

Click the ‘Delete Account’ option on the platform to delete your account. All remaining charges must be paid before deletion.

Cancellation by Apptmart

Apptmart is entitled to disrupt and delete the services and account and to integrate or supply any relevant third-party services, in case it does not comply with any one of Apptmart Terms (including payment of outstanding charges and the company not to sell any Prohibited Products). Apptmart cannot be held liable for any effect that such disruption or deletion may have. To avoid any doubt, the interruption or deletion of your right to any breach of the Apptmart Terms, due amounts, or other duties acquired before any such disruption and deletion shall not prejudice our rights to you.

General terms for All Deletion/Cancellation of Account

  • Any outstanding fees shall immediately become due and payable in full on the effective date of such deletion.
  • The platform and/or Apptmart servers and systems may remove your user content, end-user data or other usage data within the period of seven (7) days.

Apptmart Merchant Onboarding Process

Once you have successfully registered for the selected plan annually, your (Merchant) accessibility is provided via the Admin Panel, which contains the following functions:

  • Dashboard – where you see your business summary when you begin selling
  • Product Management – where can you upload and detail your products
  • Order Management – you can accept/reject or update the specific order status where you can see all orders, history
  • Offer Management – offers for certain categories, subsections, items, brands, models can be published. The start and end date of the offers can even be set. It will begin to show on your mobile and online applications at the beginning of your application
  • Customer Administration – all client information, total customer purchases can be seen
  • Invoicing – the invoices for each order can be downloaded and transmitted to a customer upon request. After the order is delivered, Apptware will immediately send the invoices to end-users
  • Settings – you can update your company details, logo, colours, tax, currency, etc.

Within 2 weeks after successful onboarding with payment, Apptmart will create the web and the mobile app. Any changes to features or designs will postpone the live date of the application.

Based on changes and requests for modification, Apptware will inform you of the additional cost to be paid for the use of these supplementary services.

What Merchants will get

  • Admin Panel
  • Staff Accounts
  • Mobile Application (Android and iOS)
  • Apptmart will publish mobile apps from their account. You can give your developer account details and Apptmart will publish apps on your account.
  • Web application based on the plan selection
  • Continuous support

Connect with us

RazorPay : We use Razorpay for processing payments. We/Razorpay do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved

Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read terms and conditions of razorpay on https://razorpay.com

Stripe : We use Stripe for processing payments. We/Stripe do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.

Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read terms and conditions of Stripe on https://stripe.com/en-gb

Links to Other Sites On Our Platform

In order to enforce and comply with the law, we cooperate with public agencies or private parties. In the event that we believe that any information regarding you is necessary or appropriate to respond to claims, legal proceedings (including subpoenas), for the protection of property or rights of Apptmart or third parties, for public safety or any person and for the prevention or detention of any illegal, non-ethical, or lawful action or activity.

Connect With Us

Please contact our Privacy Officer at privacy@apptware.com if you have queries regarding your personal information or this Privacy Policy.

Governance Law

In order to enforce and comply with the law, we cooperate with public agencies or private parties. In the event that we believe that any information regarding you is necessary or appropriate to respond to claims, legal proceedings (including subpoenas), for the protection of property or rights of Apptmart or third parties, for public safety or any person and for the prevention or detention of any illegal, non-ethical, or lawful action or activity.