Merchants' Terms and Conditions of Usage

Magicwant Terms Of Service

Last updated: 30 Mar 2022

Welcome to Magicwant. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you set up your shop and sell your products/services on Magicwant website or mobile applications and related services (each referred to as an “Application”). For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform.

Information About Us

Magicwant Applications is operated by Foonza Media Ltd, a company incorporated and registered in England and Wales, whose registered office is at 12, Rookery Rise, Winsford, Chester, CW7 3EA, United Kingdom. Unless the context otherwise requires, “Foonza Media Ltd’, “Magicwant” “We”, “us”, “our” or “Company” shall mean Foonza Media Ltd or any of its licensees, whether now or in the future.

Our Company registration number is 9637156. You may contact us at care@Magicwant.com, or by using the chat feature when enabled, inside our Application.

Purpose

Our objective is to enable and empower businesses with technology tools that help them to sell their products and services to their users and manage shop operations and other business functions.

General

These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time. Use of the Platform and the Services provided are subject to the rules and regulations, policies, These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time. Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms. Please read these Terms carefully before creating a Magicwant Business Account or using our Application. The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform. If you have any questions relating to these Terms please contact care@magicwant.com. By setting up your Magicwant account, you confirm that you accept these Terms..

Amendment

The Company reserves the right to modify the Application and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the Terms.
You are advised that any amendment to the Terms incorporated herein by reference will only be notified on the Application on publicly accessible links and you agree by accessing, browsing or using the Application that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Application.
The Company shall not be liable to give any prior notice to the Users for any amendments to the Terms, which in the opinion of the Company, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the Terms have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.

Acceptance

By clicking “Accept” or by signing up on the Platform you confirm that:

You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide the your Services on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and safety, hygiene etc required by Magicwant from time to time is a condition of this contract coming into effect.

This forms a contract between you and Magicwant, which commences on the later of the date of your acceptance and the date on which you have completed Magicwant’s onboarding checks from time to time to Magicwant’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. If you access or use the services after being notified of a change, you’re deemed to have accepted that change.

If you have questions about these terms or our services please contact us by submitting a “Help” form or by using Live Chat. You may also find answers to your questions here.

If we need to contact you, we’ll do so via the email address or phone number you have provided to us.

Your Account

Before you can place orders for Items using our Application, you need to open a Magicwant Before you can start using our Application, you need to open a Magicwant account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any services/Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service or violate our Terms or Policies. If we close your account permanently and if outstanding payment is due from you, we will contact you and pursue all possible means to process the same.

General Terms

All transactions made on Magicwant are bound by commercial/contractual terms between Merchants and Customers only. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Magicwant does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of any commercial/contractual terms between the Customers and Merchants. Magicwant only offers technology tools to Merchants via its Applications to take orders, sell, manage shop operations etc and to Customers to place orders from a Merchant’s online store set up on Magicwant Application. The price of the products and services offered by the Merchant are solely determined by the Merchant itself and Magicwant has no role to play in such determination of price in any way whatsoever.
Magicwant does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform and use Your best judgment in this regard. All Merchant offers/promotions and third-party offers/promotions are subject to respective party terms and conditions and we take no responsibility for such offers or promotions.
Magicwant neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties (including the Merchants).
Magicwant is not responsible for any non-performance or breach of any contract entered into between Customers and Merchants. The Merchant agrees to indemnify Magicwant for any and all Losses suffered by Magicwant due to Merchant’s use of the Platform and interactions with Users pursuant thereto. Magicwant cannot and does not guarantee that the concerned Customers and Merchants will perform any transaction concluded on the Platform. Magicwant is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Magicwant is only a technology provider and assumes the role of facilitator, and does not at any point of time during any transaction between Customers and Merchant on the Applicayion come into or take possession of any of the products or services offered by Merchant. At no time shall Magicwant hold any right, title or interest over the products nor shall we have any obligations or liabilities in respect of such contract entered into between Customers and Merchant.
Magicwant is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Customers. In case of complaints from the Customers pertaining to efficacy, quality, or any other such issues, the Customers and Merchants must contact each other using the contact details provided by either parties via the Application. The Merchant shall be solely liable for redressing Customers complaints. In the event a Customers raises any complaint on any Merchant accessed using our Platform or vice versa we shall assist them to the best of our abilities by providing relevant information to, such as details of the Merchant/ Customers and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
The Merchants may list and provide the details of the products/ services offered for sale to the Customers as a registered user of the Application, however the Merchants shall not be permitted to sell any product that fall are under the list of prohibited items identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law.
The Merchants agree and undertake that are legally permitted to sell the products listed for sale on the Application. Listings may only include text descriptions, graphics and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Platform. Soliciting business offline or outside of the Platform with Customers is expressly prohibited and would be considered as a breach of the User Agreement. All listed products must be kept in stock for successful fulfilment of orders.
The Merchants hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such products/services. You shall not abuse or misuse the Application or engage in any activity which violates the terms. In any such case, the Company may suspend your account or permanently debar You from accessing the Application.
Merchants must provide all information, materials and assistance reasonably required by us to onboard you to the Application or launch our services for you. You must ensure that the information you provide us and customers in or in respect of your use of our Services is complete and accurate in all material respects.
You must enter and keep updated all such information required across all sections of the application that is required for the proper functioning of the application and to enable Customers to transact with you conveniently.
Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Magicwant policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and any other unlawful activities. You must immediately notify us if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of the Applications and your fulfilment and delivery of Customer orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is taken place in your business and supply chain environment.
Cooperate with us and provide, in a timely manner, such assistance and information as Magiwant may reasonably require.
Magicwant Application is built to operate on your own devices with latest operating system and compatibility criteria. Please refer below for the compatibilities which are bound to change from time to time.
- ios 13 and above
- Android 5.0 and above
- Chrome 60+
- Edge 80+
- Firefox 80+
- Safari 9+
- IE 11+
We will make software available to you to use on the equipment so that you can use our services. This software constitutes Magicwant IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.
We do not receive any payments from your customers to our bank account and instead merely route it to your bank accounts via third party payment gateway providers.
We do not provide any delivery or logistics services and have instead partnered with delivery partners with whom Merchants can directly engage contractually to leverage their services.

Intellectual property

All rights, title and interest in and to our Application, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain our intellectual property (Magicwant IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the our IP in the country you operate in during the Term for the sole purpose of using our Service.

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any our IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Magicwant IP or otherwise do anything that disrupts any Magicwant IP, Magicwant or any person.

We grant you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Magicwant branding, which includes the “Magicwant” logo, name and/or website address for the Term in the country you operate in to allow you to advertise our services at your sites. You must comply with any Magicwant policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Application, for marketing purposes and as reasonably necessary to provide our Service.

Except for these limited licences:

Magicwant retains ownership of and all rights in and to Magicwant branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of our Application. By using our service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Usage feesers

Magicwant charges participating Merchants, a pay as you go subscription pricing to use its application. For Merchants who have subscribed to our service including specific tools forming part of the application, fees are specified at the billing page and on corresponding tools pages. Payment obligations are non-cancellable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event that a Merchant pauses or deactivates any tool or pauses the service, the Merchant will remain responsible for any unpaid fees under the paid subscription, and Services under the paid subscription will be deemed fully performed and delivered upon expiration of the term of the initial paid subscription. Take a look at our Help Centre pages for more information about payment options. If we agree to invoice the Merchant via email, full payment must be received within fifteen (15) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, ‘Taxes’). The Merchant will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, the Merchant will reimburse us for such withholding tax.

Our honest and benevolent pricing

Most software pricing is designed to charge you per user regardless of how many days you have been actively using the software. Magicwant follows an honest literal pay as you go model where you are only charged for the number of days you use. Usage is considered as the activate state of a Shop or a Tool within the application. Eg: If you activate the “Discount Tool” for 15 days in a month, you will only be charged for those 15 days. Magicwant also lets you have any number of items in your catalogue and any number of members in your team at no extra cost.

Payment

For all the transactions between the Merchant and the Customer, the Merchant agrees to pay an amount equal to 2% of the transaction value (“Transaction Fees”) to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.

We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Merchants to Customers.

The relevant third party service provider shall transfer the amount paid by the Customer against an Order (after deducting the Transaction Fees) in the Merchant’s account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.

In order to enable Customers to use paid services on the Platform, the Company facilitates the provision of Payment Gateway by a third-party service provider on the Platform, at its sole discretion. The Payment Gateway shall enable automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized for collection, refund and remittance, as the case may be. The Payment Gateway shall be availed in accordance with these Terms.

The Payment Gateway may support payments through credit/debit cards from the banks that are available while selecting the Payment Gateway as the payment method or by cash. The Payment Gateway may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider’s website.

The Payment Gateway shall be made available to the Customers to make payment easier. In case wrong bank account details are used by the Customer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us at care@magicwant.com however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments to and from the Merchants, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly.

You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Payment Gateway or any other method of payment to its Customers.

While availing any of the payment method/s available on the Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction;
Exceeding the preset limit mutually agreed by You and between “Banks”;
Any payment issues arising out of the transaction; or
Decline of transaction for any other reason.

You understand, accept and agree that the Payment Gateway provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through ‘cash on delivery’, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the Payment Gateway, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Suspension and termination

We may suspend your use of the Application on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

Legal terms

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO OUR SERVICE, APPLI ATION, ORDERS PLACED BY CUSTOMERS USING OURSERVICE OR THESE TERMS.

Merchants must resolve any refund or compensation matters with customers eligible for compensation in respect to any Order.

OUR APPLICATION/ SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THESE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are the entire agreement between us in relation to Application/ Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy by contact us at care@magicwant.com

Merchants’ Terms and Conditions of Usage