1. Commencement, Term & Renewals
The date of execution of this agreement shall be the commencement date and the agreement shall remain
valid and binding for a period of ___________ year initially and can be renewed on mutually agreed terms
at the time of renewal for such terms as the parties agree. All renewals of the agreement shall be expressed
and in writing. No oral agreement shall be binding on either of the parties.
2. General Terms
Welcome to RM eMart business solutions, a suite of optional services for vendors including: selling on
RM eMart, RM eMart advertising, transaction processing services, and the commitment between RM
eMart and seller.
This RM eMart vendor agreement contains the terms and conditions that govern your access to and use of
the services as mentioned in the agreement between you or the business you represent and RM eMart. By
registering for or using the services, you (on behalf of yourself or the business you represent) agree to be
bound by the terms of this agreement, including the service terms and program policies.
As used in this Agreement, "we," "us," and "RM eMart" means the applicable RM eMart, and "you"
mean the vendor / applicant (if registering for or using a Service as an individual), or the business
employing the applicant (if registering for or using a Service as a business) and any of its Affiliates.
3. Modification
15 days advance notice will be provided to any change / modify / amendment to this Agreement.
However, we may change/modify / amend the Agreement at any time with immediate effect.
(a) for legal, regulatory, fraud and abuse prevention, or security reasons;
(b) to change existing features or add additional features to the Services (or)
(c) to restrict products or activities that we deem unsafe, inappropriate, or offensive.
Your continued use of the Services after the effective date of any change to this Agreement will
constitute your acceptance of that change. If any change is unacceptable to you, you agree not to
use the Services and to end the Agreement by giving written notice of 15 days prior to exit.
4. Termination
You may at any time terminate your use of any Service immediately on notice to us via email / written
notice. We may terminate your use of any Services or terminate this Agreement for convenience with 15
days’ advance notice.
We may suspend or terminate your use of any Services immediately if we determine that
(a) You have materially breached the Agreement and failed to rectify within 7 days of a
rectify notice via email / written notice.
(b) Your account has been, or our controls identified that it may be used for deceptive or
fraudulent, or illegal activity; or
(c) Your use of the Services has harmed or our controls identify that it might harm other vendors,
customers, or RM eMart’s legitimate interests. We will promptly notify you of any such termination or
suspension via email / written notice, indicating the reason and any options to appeal. On termination of
this Agreement, all related rights and obligations under this Agreement immediately terminate, except
that you will remain responsible for performing all of your obligations in connection with transactions
entered into before termination and for any liabilities that accrued before or as a result of termination.
5. Disclaimer & General Release
a. The RM eMart site and the services, including all content, software, functions, materials, and
information made available on or provided in connection with the services, are provided "as-is." as a user
of the services, you use the RM eMart site and the services at your own risk. To the fullest extent
permissible by law, we and our affiliates disclaim:
(i) any representations or warranties regarding this agreement, the services or the transactions
contemplated by this agreement, including any implied warranties of merchantability, fitness for a
particular purpose, or non-infringement;
(ii) implied warranties arising out of course of dealing, course of performance, or usage of trade; and
(iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our
negligence.
We do not warrant that the functions contained in the RM eMart site and the services will meet your
requirements or be available, timely, secure, uninterrupted, or error free, and we will not be liable for any
service interruptions, including but not limited to system failures or other interruptions that may affect the
receipt, processing, acceptance, completion, or settlement of any transactions.
b. RM eMart is not involved in transactions between customers and vendors or other participant dealings,
if a dispute arises between one or more participants, each participant releases RM eMart (and its agents
and employees) from claims, demands, and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
6. Relationship of Parties
Subject to the Transaction Processing Service Terms, you and we are independent contractors, and
nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between us. You will have no authority to make or accept any
offers or representations on our behalf. This Agreement will not create an exclusive relationship between
you and us.
This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this
Agreement are intended to be and are for the sole and exclusive benefit of RM eMart, you, and
customers. As between you and us, you will be solely responsible for all obligations associated with
the use of any third party service or feature that you permit us to use on your behalf, including
compliance with any applicable terms of use. You will not make any statement, whether on your site or
otherwise, that would contradict anything in this section.
7. Limitation of Liability
We will not be liable (whether in contract, warranty, tort (including negligence, product liability, or other
theory), or otherwise) to you or any other person for cost of cover, recovery, or recoupment of any
investment made by you or your affiliates in connection with this agreement, or for any loss of profit,
revenue, business, or data or punitive or consequential damages arising out of or relating to this
agreement, even if RM eMart has been advised of the possibility of those costs or damages. Further, our
aggregate liability arising out of or in connection with this agreement or the transactions contemplated
will not exceed at any time the total amounts during the prior three months period paid by you to RM
eMart in connection with the particular service giving rise to the claim.
8. Selling on RM eMart Fee Schedule
RM eMart collects the lower of the applicable fees stated below and any fees communicated to
you by RM eMart (such as promotional fees that RM eMart may provide from time to time).
8.1 Selling Fees
When your products are sold through RM eMart, RM eMart will collect the amount paid by the
buyer (which includes the item price and any delivery charges or any other charges).
● Professional Selling Plan: Rs. 2000 + GST per month
● Individual Selling Plan: Rs. 20 + GST per item.
8.2 Referral Fees
Vendors pay a Referral Fee on each item sold through RM eMart. For all products, RM eMart will
deduct the applicable Referral Fee percentage as mentioned in (Annexure: _________). The referral fee
will be calculated on the total sales price. The total sales price is the total amount paid by the buyer,
including the item price and any delivery charges or any other charges.