Merchant Agreement

This Merchant Agreement (“Agreement”) is entered into between parties who register and sign up as Businesses to use Magicwant as a platform for their business requirements, (“Merchant”) and Foonza Media Pvt Ltd, the parent company of Magicwant (“Magicwant”), collectively referred to as “Parties.”

By clicking “I accept” during registration or by downloading, installing, or otherwise accessing or using the Magicwant platform (the “Service”), the Merchant agrees to be bound by the following terms and conditions, including Magicwant’s Privacy Policy and any additional terms and policies that Magicwant may provide from time to time (together, the “Terms”). The Merchant represents that they possess all necessary legal approvals, licenses, and authorizations from their government and applicable industry bodies to conduct their business legally. If the Merchant is not eligible or does not agree to the Terms, they do not have permission to use the Service. The use of the Service by the Merchant constitutes an agreement by Magicwant and the Merchant to be bound by these Terms.

1. Registration and Account Setup
   • The Merchant shall register and set up their merchant features on Magicwant properly. The Merchant agrees to provide accurate information about the products and services listed on Magicwant. The Merchant shall monitor and process orders promptly and efficiently. The Merchant is responsible for the quality, quantity, and timely service to end users. The Merchant shall manage all customer service queries and concerns efficiently and in a friendly manner. The Merchant shall not list, transact, book/handover, or allow the handover of any product that is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous, or in breach of any tax laws.
2. Payment Terms
   • The Merchant shall refer to the provided URL for the fees structure. There are no commissions. The Merchant is responsible for ensuring they have a valid and working mode of payment linked to their account to pay their monthly charges automatically.
3. Refund and Cancellation:
   • Magicwant operates on a pay-as-you-go and metered use basis. Merchants are charged based on their actual usage of the platform’s services. Subscription fees are incurred after the usage has taken place and are non-refundable. In case of any billing discrepancies or technical errors, we will promptly rectify them. If merchants choose to cancel their subscription, charges for the used period will only be charged. For any billing concerns, merchants can write to care@magicwant.com. We recommend merchants to explore Magicwant during the trial phase to gauge suitability before subscribing. Magicwant values transparency and aims to offer merchants valuable, flexible services aligned with their operational needs.
4. Intellectual Property Rights
   • The Magicwant name, logo, mobile applications, web applications, websites, and all content across these assets, marketing materials, creative ideas, and data collected by Magicwant are intellectual properties of Magicwant. The Merchant and their team should never share their username, password, or login credentials, including but not limited to OTP, with other users under any circumstances. Such actions will result in immediate termination of services.
5. Privacy and Data Protection
   • The Merchant is advised against providing contact details or information of end users/customers to delivery partners or third parties to prevent any misuse. The platform and service providers shall not be held liable for any information shared by the Merchant with delivery personnel or third parties. The Merchant must not spam or send unsolicited messages to end users who have transacted with them on Magicwant through any mechanism.
6. Use of Magicwant System
   • The Merchant agrees to comply with the following terms:
     • The Merchant shall not decode, decompile, disassemble, recreate, render, reverse engineer, or explore any part of the Magicwant system, including other intellectual properties.
     • The Merchant shall not use the Magicwant system for any purpose other than the purpose it is supplied for by Magicwant.
     • The Merchant shall not copy any part of the Magicwant system, offline or online, fully or partially.
     • The Merchant shall follow usability guidelines communicated by the Magicwant team verbally or in written form during the installation of the Magicwant system at the merchant’s business premises.
7. Termination
   • Magicwant may terminate the Agreement and/or the Merchant’s access to the Service in the event of non

If any dispute arises between Merchant and Magicwant during Merchant’s use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by Magicwant. The place of arbitration shall be Bengaluru. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be conducted in English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by both parties equally. All other expenses of Lawyers fees and other expenses shall be borne by the respective parties.

You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby