Pricing

1. Fees and Payment

• 1.1. In order to sell your User Products on the Platform, you are required to pay the applicable Fees. eTees will provide notice of such Fees and the options then in effect on the Platform. eTees currently offers two pricing models, namely the Transaction Model and the Subscription Model..

1.2. Transaction Model:

• Under the Transaction Model, you will be charged (i) Transaction Fees and (ii) a fixed Monthly Hosting Fee, which is chargeable at the end of every month, commencing the month after your date of sign-up. Please refer to Schedule 1 for details of the Transaction Fees and Monthly Hosting Fee.

1.2.1. Invoicing.

• eTees will from time to time raise Invoices regarding the prevailing Fees. We will send such Invoices via your registered email and/or via an in-app / dashboard notification. We reserve the right to not send you an Invoice should there be no outstanding Fees and/or Processing Fees.
• Transaction Fees will be billed from the date of your first transaction. eTees will raise an Invoice every seven (7) days covering all transactions carried out during this previous 7-day period.
• b. Monthly Hosting Fee will be billed monthly.

1.2.2. Payment of Invoice.

• You agree to pay the outstanding Invoices raised by eTees according to the due date stated in each Invoice (the “Payment Due Date”). By creating an Account you authorise eTees to auto-debit any outstanding amount from your Authorised Payment Source.

1.2.3. Processing Fee.

• eTees will charge a Processing Fee for all Invoices outstanding, partially or full, beyond Payment Due Date. Such Processing Fee(s) will be included to the overall total of the next Invoice.

1.2.4. Non-Payment of Invoice.

• If you do not pay an outstanding Invoice beyond the Payment Due Date, eTees reserves the right to disrupt the Services and delete your Account.

1.2.5. Rebates.

• Please refer to Schedule 3 for details regarding rebates.

1.2.6. Upgrading of Account.

• You may upgrade to the Subscription Model at any time provided that you have fully paid up all Invoices and/or outstanding payments due to us.

1.3. Subscription Model.

• Under the Subscription Model, you are charged a Subscription Fee based on the subscription plan that you choose. If you are on the Subscription Model, you will not incur any Transaction Fees or Monthly Hosting Fee. For avoidance of doubt, all transaction and other applicable fees charged by Third-Party Service providers such as payment gateways and/or shipping providers will continue to apply according to their respective terms and conditions.

1.3.1. Subscription Fees.

• All Subscription Fees are payable in advance, regardless of the Subscription Plan chosen. eTees will raise an Invoice and upon payment of the Subscription Fees you will receive a payment receipt. By creating an Account you authorise eTees to auto-debit the applicable Subscription Fees from your Authorised Payment Source. Please refer to Schedule 3 for details on the Subscription Fees.

1.3.2. Subscription Renewals.

• In order to ensure that you do not experience any disruption of Services, your subscription will be automatically renewed on a recurring fees basis (except where explicitly stated otherwise by eTees in writing). Accordingly, where applicable, eTees will attempt to automatically renew the Services for a renewal period equal in time to the original subscription period for such Services, and automatically debiting the applicable Fees from your Authorised Payment Source on the subscription renewal date. For example, if your existing Subscription Plan is six (6) months, each subsequent renewal period will be for six (6) months. We may notify you by email at least seven (7) days prior to the expiry of the then current subscription period to remind you of the upcoming renewal. Therefore, unless you delete your Account, cancel your subscription or change your Subscription Plan within seven (7) days prior to the subscription renewal date, we will automatically renew your subscription based on your existing Subscription Plan when it is due for renewal and charge you the applicable Subscription Fee. All Invoices for renewal Subscription Fees will be issued in electronic form and sent to you via email within seven (7) days after the renewal date.

1.3.3. Non-Payment.

• If we are unable to auto-debit the renewal Subscription Fee from your Authorised Payment Source for any reason whatsoever, we may, in our sole discretion, recover the same from you at a later time and/or downgrade your Account to Transaction Model, without further notice.

1.3.4. Refunds or Rebates.

• eTees will not provide refunds or rebates on your Subscription Fees, pro-rated or otherwise.

1.4. Other Fees:

• The use of certain Services will be subject to payment of Fees. If you wish to use such Services, you are required to pay all applicable Fees accordingly. eTees reserves the right to vary its pricing models and/or Fees for the Services from time to time. eTees will provide information regarding the prevailing Fees or any variations thereto on the Platform.

1.4.1. eTees World Listing Fee.

• You have the option of listing your User Contents on eTees World at the Fee mentioned on Schedule 3. Unless you have opted for the Subscription Model, you will be required to pay an upfront annual fee upon your qualification to participate in eTees World.

• 1.4.2. The eTees World Listing Fee will be auto renewed at the end of every twelve (12) months, unless you cancel before the next renewal date. You hereby authorise eTees to auto-debit the eTees World Listing Fee from your Authorised Payment Source.

1.4.3. Annual Custom Domain Fee.

• If you have purchased the use of a domain through the Platform, as per the terms and conditions mentioned therein, you will be sent an Invoice. Please refer to the Domain Registration Agreement by clicking here.

5. Disclaimer of Warranties

5.1. No representations or warranties.

• The Platform and/or Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with the Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant:
• a. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or User Website;
• b. that the Platform or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
• c. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks; or
• d. the security of any information transmitted by you or to you through the Platform or the Services.

6. Reporting of Copyright Infringement

6.1. If anybody believes that any User has copied or otherwise used their work in a way that constitutes copyright infringement, please contact us on ShopSupport.

6.2. Upon receiving such a notice, we may remove or disable access to the allegedly infringing User Content. Once provided with a notice of takedown, you can reply with a counter notification to object to the complaint. The original complainant has fourteen (14) days after we receive a counter notification to seek a court order restraining the User from engaging in the infringing activities, otherwise we will restore the relevant User Content.

7. Limitation of Liability

7.1. eTees, its officers, directors, employees and agents shall not be liable to you or the End User for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever even if eTees has been advised of the possibility of such damage, including any damages resulting from (1) any access, use or inability to use the Platform or the Services; (2) errors, mistakes or inaccuracies of or in any content (including User Content) made available through the Platform and/or through the Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored herein; (4) any interruption or cessation of transmission to or from the Services; or (5) your use of the Third-Party Services or use of or access to any other website linked to the Platform.

7.2. eTees shall not accept any liability arising out of any disruption or non-availability of the Platform or the Services due to external causes including, but not limited to, Internet Service Provider (“ISP”) equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8. Indemnity

8.1. You agree to defend, indemnify and hold harmless eTees, our officers, directors, shareholders, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs (including attorney fees) arising from (a) your breach of any term of the eTees Terms; (b) your breach of any third-party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and your use of the Services or Platform; and (c) any other type of claim discussing alleged damages caused by your User Website and/or User Content to a third party.

8.2. In addition, eTees may use whatever information that is available about you to stop any such breach of the eTees Terms, any unlawful or inappropriate use of the Platform and Services, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal information to such third party.

9. General

9.1. Amendments.

You acknowledge and agree that we may, in our sole discretion, amend the eTees Terms at any time by posting the relevant amended and restated eTees Terms on the Platform and such amendments to the eTees Terms are effective as of the date of posting. You should check these eTees Terms periodically for, and read carefully, any such amended eTees Terms. In the event of any conflict between the current version of eTees Terms and any previous version(s), the provisions that are current and in effect shall prevail unless it is expressly stated otherwise. Your continued use of the Platform and/or Services after such date constitutes your unrestricted agreement to, and acceptance of, the amended eTees Terms. If you do not agree to any changes to the eTees Terms, you must stop accessing or using the Platform and the Services.

9.2. Acknowledgement of Acceptance.

By clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent when prompted in relation to the Services or any transaction on the Platform, you shall be deemed to have read, understand and agree to the terms and conditions of such Services or, and such act of clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent shall also constitute an acceptance in accordance with Transactions Act of India.

9.3. Governing Law.

Use of the Platform and/or the Services and the eTees Terms will be governed by and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the Manmad, India courts. The United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

9.4. Entire Agreement.

The eTees Terms constitute the entire agreement between you and eTees and govern your use of the Platform and the Services, superseding any prior understandings, communications and agreements between you and eTees (including but not limited to, any prior versions of the eTees Terms).

9.5. No waiver.

No waiver of any breach or default of any provisions of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.

9.6. Severability.

If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Service.

9.7. Sub-contracting and delegation.

We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

9.8. Binding and conclusive.

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and/or Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.

9.9. Assignment.

You may not assign your rights under these Terms of Service without our prior written consent which eTees may refuse in its sole discretion. Any attempt by you to assign your rights under the Terms of Service without eTees’s prior explicit and written consent will be null and void. We may assign our rights under these Terms of Service to any third party.

9.10. Third-Party Rights.

A person who is not a party to this User Agreement shall not have or acquire any right to enforce any term of the eTees Terms (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in this User Agreement) under the Contract (Right of Third Parties) Act, of India. This Clause shall override any other provision in the eTees Terms that is or may be inconsistent with it.

9.11. Force Majeure.

We will not be liable to you or any third party for any failure by us to perform our obligations under the Terms of Service in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder or other event of force majeure.

10. eTees World

10.1. Proprietary Aggregation Platform.

eTees World is an online aggregation platform where we have the right to curate and showcase, on our sole discretion, User Content & User Products in a suited category.

10.2. Listing.

The eligibility of merchants listing on eTees World rests solely with eTees. Your User Website, products and content may be eligible for eTees World listing if it satisfies the eTees terms & conditions, which includes but is not limited to having a subscription plan with eTees and/or paying the eTees World Listing Fee.

10.3. End User.

If you access eTees World as a buyer, you may be directed to the relevant User’s Website when you click on any product displayed on the webpages of eTees World. You acknowledge and agree that the merchant is solely responsible for fulfilment of any order you make on that User Website and for the product quality. We do not ourselves offer, market or sell any User Product and we are not a party of, nor privy to, any contract or transaction between yourself and a merchant. Therefore, eTees is not responsible for ensuring that a buyer or merchant will honour their contractual obligations.

10.4. eTees World User.

If you are a eTees World User, you acknowledge and agree that we reserve the exclusive right to include any User Product or User Content and decide its categorization on eTees World on our sole discretion. You further acknowledge and agree that your User Products may be listed with other competing User Products.

10.5. Use of eTees World.

You acknowledge that eTees in its sole discretion may remove your User Website, User Content and User Product from the listing if it breaches our guidelines or any applicable laws. We will not provide a refund or rebate pro-rated or otherwise.

11. SCHEDULE 1 - DEFINITIONS AND INTERPRETATIONS

1. Definitions

1.1. “Account” or “eTees Account”

means an account you have with eTees for the purpose of using the Services.

1.2. “Affiliate”

means a company that is a direct or indirect subsidiary of eTees or otherwise related to eTees through common ownership or control.

1.3. “Annual Custom Domain Fee”

means the annual fee payable by Users who purchase the use of a domain through the Platform, as per the terms and conditions mentioned therein.

1.4. “Authorised Payment Source”

means a credit card, debit card, bank account, e-wallet or such other mode of payment you authorise eTees’s nominated payment gateway to deduct all Fees, charges and expenses relating to your Account and/or use of the Platform when you create your Account.

1.5. “Business Partner”

includes business associates, or any party who introduces or refers you to the Platform and/or the Services.

1.6. “Chargeback”

has the meaning and is restricted to the conditions set out in Clause 7.4.8.

1.7. “Content”

includes, but is not limited to, texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Platform.

1.8. “Delete” or “Deletion”

refers to deletion of Account along with User Contents, User Products & User Website.

1.9. “Discussion Forums and Other Social Interactions

means any forums, blogs, private messages, emails or other electronic mediums made available through or in connection with the Services, either on the Platform, social media or other channels used by eTees from time to time.

1.10. “Disruption of Service”

includes an inability on the part of the User to publish a User Website and/or User Website details including User Contents, User Products, orders & End User details.

1.11. “End User”

means visitors and users of your User Website.

1.12. “Fees”

means the fees, as determined by eTees in its sole discretion, applicable to your use of the Services.

1.13. “Invoice”

means the document issued by eTees for the payment of Fees.

1.14. “Monthly Hosting Fee”

means the monthly hosting fee payable by Accounts under the Transaction Model.

1.15. “Payment Due Date”

means the due date indicated in the Invoice issued by eTees for the payment of Fees.

1.16. “Platform”

means (a) both the web and mobile versions of the websites operated and/or owned by eTees, which include the following URLs and their subdomains: www.nearbyshops.co.in, www.ecomsys.co.in, and www.nearbyshops.co.in, and (b) the mobile applications made available from time to time by eTees, including the iOS and Android versions.

1.17. “Processing Fees”

means fees charged on overdue Invoices not paid within the Payment Due Date.

1.18. “Prohibited Product”

means any product, content or services set out in in Schedule 2 (“Prohibited Product List”) or otherwise prohibited from being posted, promoted or sold through the Platform or the Services.

1.19. “Services”

means the services, information and functions made available by us at the Platform.

1.20. “eTees”, “we”, “our”, and “us”

means eTees., a India company with registered address at Plot No 64, Ind. Area, Manmad, Dist-Nashik (MS), India 423104 and its Affiliates.

1.21. “eTees World”

is the proprietary aggregation platform at www.nearbyshops.co.in or https://nearbyshops.co.in used by eTees to list curated User Products from the User Website to attract End Users.

1.22. “Subscription Model”

Subscription Plan model with recurring payments at regular chosen tenures. Plans are charged at a fixed subscription price.

1.23. “Taxes”

means all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities.

1.24. “Third-Party Services”

means third-party software, applications, products and services that we make available through the Platform and/or Services.

1.25. “Trademark”

means the trademarks, service marks, trade names and logos used and displayed on the Platform.

1.26. “Transaction Fee”

means the percentage fee applied on the sales value after discounts of a User Product sold via the Platform. The sales value excludes related taxes, shipping fees, payment fees, marketplace fees and other third-party charges. The Transaction Fee amount is subject to local taxes where applicable.

1.27. “Transaction Model”

the Transaction Model charges the User a Transaction Fee plus a fixed Monthly Hosting Fee.

1.28. “User” or “you”

means each visitor or user of the Platform and/or Services, including additional individuals for whom you provide access through Multi-User functionality.

1.29. “User Agreement”

means the agreement between you and eTees regulating the use of the Platform and the Services, which shall be considered valid and in force as of your acceptance of our Terms of Service.

1.30. “User Content”

means any data, graphics, photos and links that is uploaded on your User Website.

1.31. “User Product”

means any product, content or services sold by you through the Platform.

1.32. “User Website”

means the Website, online store created by you on the Platform and/or using our Services.

2. Interpretation

2.1. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.

2.2. Unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months.

2.3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service.

2.4. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in eTees’s favour and the provision which is more favourable to eTees shall prevail.

12. SCHEDULE 2 – PRICING AND FEES

INDIA
Transaction Model*		Subscription Model*		Other Fees*
Transaction Fees 3% Monthly Hosting Fee ₹50 Processing Fee ₹25 Rebate on Transaction Fee** 50%		Subscription Fees:		Annual eTees World Listing Fees ₹500 Annual Custom Domain Fees – Yr 1 ₹995 Annual Custom Domain Fees – Yr 2 onwards ₹1,995
		3 Months Plan ₹4,500 6 Months Plan ₹7,500 12 Months Plan ₹12,000

REST OF WORLD
Transaction Model*		Subscription Model*		Other Fees*
Transaction Fees 3% Monthly Hosting Fee US$1 Processing Fee US$0.50 Rebate on Transaction Fee** 50%		Subscription Fees:		Annual eTees World Listing Fees US$7.50 Annual Custom Domain Fees – Yr 1 US$13.95 Annual Custom Domain Fees – Yr 2 onwards US$19.95
		3 Months Plan US$60 6 Months Plan US$100 12 Months Plan US$160

* All prices are exclusive of any applicable GST and other applicable taxes.
** Rebate on Transaction Fee is calculated based on the total product cost of cancelled orders only. It will be processed within four (4) weeks from date of order cancellation and will be provided as a credit in subsequent Invoice. Such credit can be set off against transaction fees within a period of six (6) months only.

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