WE APEX SALON SERVICES INDIA PVT. LTD. A COMPANY INCORPORATED UNDER THE LAWS OF INDIA, HAVING ITS OFFICE AT 1324 SADASHIV PETH, FLAT NO-4, SANT MAULI KRUPA SOC., BHARAT ITIHAS MANDAL PUNE 411030, MAHARASHTRA INDIA(“COMPANY”; “WE”; ‘“US”; “OUR”) ARE THE OWNER OF THE PLATFORM. PLEASE READ THE PLATFORM TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN THE COMPANY AND THE CHANNEL PARTNER (“CHANNEL PARTNER”; “YOU”; “YOUR”).BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILLAR BUTTON) OR BY USING THE PLATFROM YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE THE PLATFORM.
The Company and the Channel Partner are individually referred to as a “Party” and collectively as the “Parties”.
“Appointment(s)” shall mean request for appointment made by the Customer through the Platform to obtain Channel Partner’s Services and shall include details related to time, place, description of the Channel Partner’s Service, brands, operator, and price charged for such Channel Partner’s Services.
“Channel Partner’s Services” shall mean theChannel Partner’s services listed, marketed, promoted by the Channel Partner on the Platform and shall include all information related to Channel Partner’s Services.
“Customer(s)” shall mean the consumers who register and create a user account on the Platform for availing the Services.
“Content” shall mean all data including but not limited reviews, ratings, likes, messages, images, photos, video, location data, menu,nearby places, feedback form, and all other forms of information or data, uploaded, shared or transmitted to, through by the Channel Partner and/or Customer in connection with the Services, on the Platform.
“Dashboard” shall mean services management dashboard created on the Platformto enable the Channel Partner to manage Appointments, populate information pertaining to branch, employee, brands, menu, operator, weekly performance, promotional offers, combo list, and prices for the Channel Partner’sServices.
“Order” means a written order, executed between the Company and the Channel Partner to onboard the Channel Partner on the Platformand shallinclude details related to payment terms and such other terms related to the transactions contemplated by the applicable Order.
“Permitted Users” shall mean individuals authorized by the Channel Partner to use the Platform. such individuals shall be the Channel Partner’s employees, consultant etc.
“Platform” shall mean and include proprietary web application www.mooi.app and mobile application of the Company, namely “Mooi Professional”. The Platform serves as an online aggregator that facilitates the Channel Partner to market and promote the Channel Partner’s Services to the Customers (as defined below) through the Platform.
"Services” shall mean services offered on the Platform to the Channel Partner, which shall include
The Channel Partner shall subscribe to the Platform by providing its accurate details and information including the name of the entity, address, license details, PAN card, Aadhar card, etc. if anyas may be required by the Company.The Channel Partner agrees to provide accurate and correct information to the Company about its name, registration details, etc. that it possesses, including information pertaining to the facilities which exists such as free wi-fi, parking, air-conditioning, seating capacity and such other related information, the Company shall not be liable for any delay, inaccuracy and/or misrepresentation or any other act or omission, of the Channel Partner regarding the same. The Company shall verify the physical documents submitted by the Channel Partner and intimate the Channel Partner of the approval for being registered on the Platform. Upon completion of the registration procedure the Company shall provide the Channel Partner a login id to manage and operateits account (“Account”).
Upon such subscription by the Channel Partner and subject to terms and conditions of these Terms, the Company grants to the Channel Partner during the subscription term, a fixed-term, non-exclusive, non-transferable, revocable, non-sub licensable, limited license to use and access the Platformand the Services. In consideration of the license to access and use the Platform, the Channel Partner agrees to listthe Channel Partner’s Servicesthrough the Platform, for the Customers in accordance with the terms and conditions set forth herein.
The Channel Partner shall display details of all the Channel Partner’s Services (which it desires to offer for sale or promote) on the Platform to enable the Customers schedule an Appointment for the Channel Partner’s Services through the Platform. The Channel Partner shall ensure to update the correct description of theChannel Partner’s Services. The Channel Partner shall be solely responsible for updating any information relating the Channel Partner’s Services and shall ensure that such information is accurate and complete. In the event of any claims on the Company in relation the information provided by the Channel Partneror mismatch of the Channel Partner’s Serviceswith the description,resulting in complaints, the Channel Partner shall be responsible for resolution of such claims and shall bear all costs and expenses in relation to resolution of such claims, whether threatened against the Company or incurred by the Company and shall keep the Company indemnified in this regard.
The Channel Partner shall be responsible for maintaining the confidentiality of the information on its Account and shall be fully responsible for all activities that occur under its Account. The Channel Partner agrees to (i) immediately notify the Company of any unauthorized use of its Account information or any other breach of security, and (ii) ensure that the Channel Partner signs out from its Account at the end of each session. The Company shall not be liable for any loss or damage arising from the Channel Partner’s failure to comply with this provision.
The Channel Partner shall ensure that Permitted Users always abide by theseTerms while accessing the Platform and using the Services. The Channel Partner shall be solely responsible for the acts and omissions of its Permitted Users. The Company shall not be liable for any loss of data or functionality caused directly or indirectly by the Permitted Users.
The Channel Partner acknowledges and agrees that by accessing or using the Platform, the Channel Partner may be exposed to Content from others that the Channel Partner may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arisingin relation to such offensive content on the Platform. Further, the Channel Partner undertakes to ensure that the Channel Partner and the Permitted User do not :directly or indirectly, i) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, reproduce or otherwise make any changes to the Platform , ii) use the Platform in any manner to provide time-sharing, benchmarking or provide other services to third parties, except as expressly provided herein, or allow any third party to access or benefit from the functionality of the Platform , iii) use the Platform or portion thereof in violation of any applicable laws or regulations, iv) use the Platform to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful Content, material or information, v) allow use of the Platform by anyone other than the Permitted Users, vi) use the Platform to develop any competing or similar product, vii) use any of the Platform’s components, add-ons, files, modules, externals, contents including associated license material separately from the Platform or viii) use the Platform with any unsupported software or hardware.
The Channel Partner understands and acknowledges that if the Channel Partner indulges in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate the Channel Partner’s Account immediately and take any other corrective action as it deems fit.
In the event the Channel Partner is at the receiving end of any offensive content or the Channel Partner is the victim of any such actions of any other Customers, or other Channel Partners, the Channel Partner is encouraged to report such content or conduct to the Company. The Company shall delete such offensive content and take any other corrective action as it deems fit.
The Channel Partner acknowledges that the Company is merely a facilitator enabling the Customers to make Appointments for Channel Partner’sServices,and is not a party to the transaction between the Customer and Channel Partner.
Once the Customer makesan Appointment for Channel Partner’sServices through the Platform, the Channel Partner shall either accept or decline such Appointment request made on the Platform. Once theAppointment request is accepted by the Channel Partner, the Channel Partner cannot revise or deny theAppointment request and would have to compulsorily provide Channel Partner’s Services to the Customer. Any failure of the Channel Partner to provide the Channel Partner’s Services in accordance with the Appointment request shall be considered as a material breach of these Terms by the Channel Partner and the Channel Partner shall indemnify and hold harmless the Company from any claims arising thereof.
Upon acceptance of the Appointment request made by the Customer the Channel Partner shall as per the Appointment, ensure that the necessary arrangements are made for providing the Channel Partner’s Services. In the event the Channel Partner anticipates that there would be a delay in providing Channel Partner’s Services for the Appointments accepted, then the Channel Partner is required to inform the Customer about such delay 2 hours in advance.
The Channel Partner acknowledges that the Company shall not be held liable for any claims pertaining to non-receipt of payment for any Appointment accepted,whereCustomer has opted to make the payment to the Channel Partner at Channel Partner’s outlet/desired service location.
The Channel Partner shall ensure that the Customer is provided with Channel Partner’s Services as per the Appointment scheduled by the Customer.
The Channel Partner shall ensure that the personnel performing Channel Partner’s Services has the requisite skills and experience to perform such services.
The Channel Partner shall ensure that there shall be no discrepancy in the menu uploaded on the Platform and the menu available at the Channel Partner’s outlet. The Channel Partner agrees and acknowledges that in the event of any discrepancy observed by the Company, theCompany reserves the right to block Channel Partner’s access to the Platform with immediate effect.
The Channel Partner shall ensure that it furnishes accurate invoices to the Customers for the Channel Partner’s Services. The charges in the invoice pertaining to Channel Partner’s Service should be as per the charges mentioned in the menu.The Channel Partner agrees and acknowledge that the Company reserves the right to issue the receipts to the Customers upon the Customers availing the Channel Partner’s Services.
The Channel Partner shall ensure to provide details on the Platform about any additional Channel Partner’s Services performed apart from the one mentioned in the Appointment.
The Channel Partner shall be responsible to abide by the code of conduct of the Company while using, marketing the Channel Partner’s Services through the Platform. The Channel Partner acknowledges that the Company may update the Company’s code of conduct at its sole discretion and intimate the same to the Channel Partner either by notification or through posting it on the Platform. The Channel Partner shall be responsible for abiding with such updated code of conduct.
The code of conduct can be found at the following link code of conduct.
The Channel Partner agrees that the Customers may seek repayment of the amount paid for the Channel Partner’s Services on the grounds of deficiency in the services, poor quality of service provided, operator performing the services lacks the requisite skills to perform such services. In such event Channel Partner agrees to promptly refund the amount received through online payment to the Customer.
You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate any applicable laws.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by You or the Customers and do not guarantee the accuracy, integrity or quality of any Content. We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of these Terms or otherwise harmful to the Services or our Customers in our sole discretion. Further, the Channel Partner reserves the right to delete any images and pictures forming part of its Content, at its sole discretion.
Parties acknowledge that the Customer will pay for the Channel Partner’sServices purchased through the Platform in the following manner:
Payment done using Pay at Salon
In connection with these Terms“Confidential Information” shall mean any information of the Company, in any form including without limitation documentation, software,Platform, business plans,technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, any information relating to personnel or affiliates of the Company.
Confidential Information shall however, exclude any information which (i) is/ was publicly knownor comes into public domain; (ii) was already in the possession of the Channel Partner, without confidentiality restrictions, at the time of disclosure by the Company; (iv) is permitted for disclosure by the Company in writing; (v) independently developed by the Channel Partner without the use of Confidential Information.
The Channel Partner will at all times maintain, and cause its affiliates, agents, employees, etc. to maintain the confidentiality of all Confidential Information belonging to the Company. The Channel Partner shall not sell such Confidential Information. The Channel Partner will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information by it or any third party, including, at a minimum, those measures it takes to protect its own Confidential Information of a similar nature. The Channel Partner will not use Confidential Information of the Company for any purpose whatsoever other than those specifically set forth in these Terms. The Channel Partner will restrict the possession, knowledge and use of Confidential Information to its and its Affiliates, employees, contractors, agents, etc. that have a need-to-know Confidential Information, in order to perform such party’s obligations under these Terms.
Upon the termination of the applicable Order, the Channel Partner will promptly return all Confidential Matter to the Company. The Channel Partner shall not disclose any third-party information to the Company without being duly authorized by such third party.
Channel Partner represents and warrant to Company that: (a) Channel Partner is duly organized, validly existing and in good standing under the laws of the territory in which its business is registered; (b) Channel Partner has all requisite right, power and authority to accept these Terms and perform obligations and grant the rights, licenses and authorizations for the purposes of providing Channel Partner’s Services (c) Channel Partner and all of its subcontractors, Permitted Users, agents and suppliers will comply with all applicable laws in performance of the obligations and exercise of the rights under these Terms.
Channel Partner warrants that, it shall be solely liable for the losses or the damages incurred by the Company or the Customers which may arise due to deficiency of Channel Partner’s Services, due to acts or omissions of the Channel Partner and Permitted Users.
The Channel Partner warrants that it is not prohibited from accepting and processing the Appointments received through the Platform or performing the Channel Partner Services, whether due to any legal, statutory, judicial orders or any contractual obligations. Channel Partner holds all valid licenses and permits which are required provide Channel Partner Services.
The Channel Partner warrants not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description. The Company reserves the right to delete such description/image/text/graphic without providing prior notice to the Channel Partner.
The Channel Partner warrants that it will share/upload images pertaining to Channel Partner’s profile, services offered, outlet/branch upon receiving approval from the Company.The Channel Partner agrees that in case there is violation of this, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Company.
Company retains all intellectual property rights in the Platform, including but not limited to the Confidential Information trademark, copyright, patents, designs, marketing materials, logos, brochures, etc. which would be used in accordance with these Terms. These Terms shall not construe as an assignment of any Intellectual Property Rights from Company to Channel Partner, in whatsoever format. The Channel Partner shall intimate Company of any infringement of the intellectual property rights or any damage to the reputation of the Company.
The Company grants a limited, non-transferable, non-licensable, non-assignable, revocable, royalty free license, to the Channel Partner, to use the logos, tradenames or the trademarks (“Company Marks”) of the Company for processing the orders under these Terms. The Channel Partner shall access and use the Company Marks only for the limited purposes of theseTerms. The Company Marks provided by Company are either owned or licensed by the Company.
The Channel Partner grants a royalty free license, to the Company, to use the logos, tradenames or the trademarks of the Channel Partner (“Channel Partner Marks”). The Channel Partner Marks provided by Channel Partner are solely owned by the Channel Partner and Channel Partner has the right to license the same to the Company. Channel Partner grants the Company a royalty free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, display, distribute, modify, create derivative works of, and may commercially exploit any or all of the content that the Channel Partner submits to the Company.
The Channel Partner shall not use the Company Marks, upon the expiry or termination of theseTerms and shall immediately, but not later than 2 days from the date of such expiration or termination, as the case may be, return all the Company Marks to the Company.
The Channel Partner shall not during the tenure of these Terms or thereafter, apply for registration of any trademark, copyright or any other intellectual property right similar, deceptively similar, competitive or identical with the Company Marks or any other intellectual property owned by the Company.
THEPLATFORMOR THE CONTENT, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED ON THE PLATFORM, ARE PROVIDED ON A "AS-IS" “AS-AVAILABLE” BASIS, AND THE CHANNEL PARTNER UNDERSTANDS THAT ACCESS TO THE PLATFORMIS PROVIDED TO HELP THE CHANNEL PARTNER TO LIST THE CHANNEL PARTNER’s SERVICES. THE COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED THROUGH THE PLATFORMWILL MEET CHANNEL PARTNER’S REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND THE COMPANY 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 TRANSACTION OR ORDER.
BECAUSE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN THE CUSTOMERS AND CHANNEL PARTNER, IF A DISPUTE ARISES BETWEEN THE CUSTOMERS OR THE CHANNEL PARTNER, CHANNEL PARTNER RELEASES THE COMPANY (AND ITS AGENTS, AFFILIATES 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 DISPUTE.
THE PLATFORM’S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE PLATFORMTO ENABLE CHANNEL PARTNER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE CHANNEL PARTNER’s SERVICESAND TO ENABLE CUSTOMERSCHEDULE APPOINTMENTS FOR CHANNEL PARTNER’s SERVICES OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN CHANNEL PARTNER AND THE CUSTOMERS. AT NO TIME SHALL THE COMPANY HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF CHANNEL PARTNER SERVICES PROVIDED BY THE CHANNEL PARTNER TO THE CUSTOMER.
THE COMPANY MAKES NO WARRANTIES WHETHER EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, IN RELATION TO THE PLATFORMAND THE COMPANY SPECIFICALLY DISCLAIMS THE SPECIFIC OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO THE CHANNEL PARTNER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR DIRECT DAMAGES FOR ANY REASON SHALL BE LIMITED TO THE COMMISSION AMOUNTSRECEIVED IN THE PRECEEDING THREE MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE UNDER AN APPLICABLE ORDER UNDER WHICH THE CLAIM ARISES.
The Channel Partner agrees to indemnify,hold harmless and keep indemnified the Company from and against all claims or any expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses), claims from the Customer, costs, action, demand, proceeding, award, liability, losses and damages suffered by the Company in connection with:
Misrepresentation of any material facts by the Channel Partner under these Terms to the Customeror the Company;
Failure of the Channel Partner to perform any of its obligations under these Terms and the applicable Order orcomply with operational instructions of the Company;
Infringement of any third-party intellectual property;
Unauthorized use or disclosure of Confidential Informationand failure to comply with data protection requirements as may be prescribed under the law during the term of the applicable Order.
Breach of any terms of theseTerms andapplicable laws.
These Terms shall be co-terminus with the term of the applicable Order unless terminated by the Company.
Eitherparty may terminate the applicable Order by giving the other party thirty (30) days’ notice in writing at the address mentioned herein below. Either party may terminate the applicable Order in the event that the other party materially breaches any terms of these Terms and fails to cure such breach within fifteen (15) days following written notice of such breach by the affected party.
Either party may terminate the applicable Order with immediate effect in the event the other party is the subject of any insolvency, bankruptcy or other proceedings.
The Channel Partner understands and agrees that in case any frequent complaints are received from the Customer about the Channel Partner, the Company reserves the right including but not limited to terminate its association with the Channel Partner, claim liquidated damages and delist the Channel Partner from the Platform.
Any termination or expiry, as the case may be, of the applicable Order shall not release the Channel Partnerfrom any obligation to deliver Channel Partner’s Serviceswhich are due before the date of the termination or expiration of the applicable Order.
Upon the termination or expiration, as the case may be, of the applicable Order, the Channel Partnershall return all the relevant documents, including the Confidential Information in its possession, owned by the Company.
Upon termination or expiration, as the case may be, of the applicable Order, the Account of the Channel Partner and its access to the Dashboard and Platform shall be discontinued. Further, the Channel Partnershall discontinue all promotions and marketing of the Platform.
The Channel Partner shall not engage or hire as an employee or engage as independent contractor, the Company’s employees or independent contractors during the term of the applicable Order and for a period of one (01) year following the expiration or termination of the applicable Order.
During the term of the applicable Order and for a period of two (2) years thereafter, the Channel Partner agrees that (a) the Channel Partner or its personnel shall not, either directly or indirectly, or in any capacity, compete or attempt to compete with the Company or any of its affiliated entities by providing or attempting to provide (or advising others of the opportunity to provide), directly or indirectly, any services similar to those provided by the Company through the Platform; (b) the Channel Partner shall not either directly or indirectly, develop, offer or market any website or mobile application or service that is competitive to the Platform developed or offered by the Company.
The Company reserves the right to conduct periodic audits at the Channel Partners premises/branch during normal business hours upon five daysprior notice, in order to assess the level of hygiene maintained, quality of services offered, equipment and other accessory used to provide services, operator’s expertise, provision related to first-aid and Channel Partners compliance with the terms of these Terms, Code of conduct and applicable Order.
Governing Law and Dispute Resolution:These Terms will be governed by and construed in accordance with the laws of India. Any dispute or difference arising between the parties hereunder shall be settled through arbitration. The arbitration shall be conducted as per the provisions of the Arbitration & Conciliation Act, 1996 (as amended from time to time), by a sole arbitrator to be mutually appointed by the parties. The arbitration shall be in the English language and the venue shall be in Pune.Subject to the above, the courts in Pune shall have exclusive jurisdiction to try any disputes arising between the parties out of these Terms.
Modifications:Theapplicable Order may be amended only by a formal written document signed by both the parties.
Waiver:A party's failure or delay in enforcing any provision of these Terms and applicable Orderwill not be deemed a waiver of that party's rights with respect to that provision or any other provision of these Terms.A party's waiver of any of its rights under these Terms is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
CounterpartsAny documents signed in connection with the applicable Order may be signed in multiple counterparts, which taken together will constitute one original.
SeverabilityIn the event any term of these Terms or applicable Order is held unenforceable by a court having jurisdiction, the remaining portion of these Terms or applicable Orderwill remain in full force and effect.
Relationship between the parties:The parties are independent contractors. Neither party is the agent of the other nor may either party represent to any person that it has the power to bind the other on any agreement.
Assignment:Neither party may assign theapplicable Order without the other's prior written consent, which may not be unreasonably withheld.
PUBLICITY:By accepting these Terms, the Channel Partner agrees to; (i) be included in the list of Channel Partner on Company’s Platform or any third party platforms, (ii) allow a press release at the applicable Order sign-off stage, and (iii) participate in a case-study upon or any event related to launch of the Platform. Optionally, Channel Partner may agree to participate in speaking engagements in webinars and industry events at their discretion upon request
Force Majeure:In any event or combination of events or circumstances beyond the control of a Party which cannot (a) by the exercise of reasonable diligence, or (b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party’s ability to perform obligations under these Terms and or applicable Order including but not limited to: acts of god i.e. fire, drought, flood, earthquake, epidemics and other disasters, explosions or accidents, demonetization and other government policy changes, Quarantine, governmental orders, strikes or lockouts, any change in law; or any event or circumstances analogous to the foregoing. The Parties will not hold each other liable for their non-performance as set out in these Terms and or applicable Order in force majeure event. Nothing in this clause shall apply to Channel Partner’s payment obligation to the Company under the applicable Order.
EntireAgreement:This Terms constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, whether written or oral.
SupportFor any assistance/complaints pertaining to use of the Platform and or the Services please contact us at support@mooi.app