Terms & Conditions
Marketing Program - Terms & Conditions
For the purpose of marketing/promoting www.Maxsupermart.com (hereinafter referred to as the "Maxsupermart Marketplace”), Maxomax Consumer Goods And Services LLP("Maxomax") has introduced the Maxomax Marketing Program ("Program") for its sellers ("Sellers") on the Maxomax Marketplace services under the Maxomax Services Agreement ("MSA").
Under this Program, Maxomax may launch multiple marketing/promotional initiatives and Sellers, who choose to participate in the Program, will be eligible to avail certain benefits for supporting and undertaking marketing/promotional activities on Maxsupermart Marketplace.
Marketing/Promotional Codes ("Promo-Codes") is one of such marketing initiative under this Program. The term 'Promo-Codes' shall mean electronic alpha-numeric codes which the person purchasing products from the participating Sellers may choose to avail during the validity of the Promo-Code and/or tenure of the Program, as the case may be.
The Program is subject to the following terms and conditions.
- GOVERNING TERMS & CONDITIONS
Except to the extent specified in these terms and conditions ("Terms and Conditions"), all other terms of the MSA shall continue to apply to this Program and nothing contained in these Terms and Conditions herein shall affect or alter in any manner whatsoever, the validity, enforceability and interpretation of the terms stipulated under the MSA.
- ELIGIBILITY AND PARTICIPATION
2.1 All Sellers on the Maxsupermart Marketplace availing services from Maxomax are eligible to participate in this Program.
2.2 To participate in this Program, you need to consent to these terms and conditions governing your participation in the Program ("Participating Seller").
- TERMS AND CONDITIONS
You agree to accept the Promo-Codes made available to you by Maxsupermart from time to time through the featured promotion tool ("Tool") provided on Seller Central and availed by the customers purchasing your products You further agree to give discount corresponding to the Promo-Code by reducing the sale price of the product(s) against which the Promo-Code(s) are applied.
- All the marketing benefits provided by you can be claimed as promotional activity expenses at the end of every month.
- In order to claim promotional activity expenses undertaken under this Program, you will be required to raise an invoice on Maxsupermart for the Promo-Codes accepted with respect to your products during the tenure of the program.
- Subject to Paragraph 3.2(d) below, Maxsupermart will pay only those promotional activity expenses wherein the Promo-Code have been applied and your customer transaction would have been successfully completed.
- Maxsupermart will not pay the promotional expenses if the purchase by your customer has been cancelled or products have been returned or the transactions have been disputed by your customer and Maxsupermart will be entitled to recover such amounts, if paid, pursuant to the MSA.
You acknowledge and agree that:
- any additional Promo-Codes made available through the tool will be undertaken with mutual consent of both parties in writing; and
- any deletions in the list of Promo-Codes can be made by Maxsupermart at any time during the tenure of the program, in its sole discretion and without obtaining your consent.
You acknowledge and agree that at any point of time, Maxsupermart reserves the right to cancel, modify, change, suspend or withdraw any of the terms and conditions of the Program as it may deem fit, in part or in their entirety, with or without cause, without giving any prior notice and without incurring any liability whatsoever. You will however be duly notified by Maxsupermart of any such cancellation, modification, change, suspension or withdrawal.
- Maxsupermart shall have the right to forthwith terminate the program, or your participation in the same, with or without cause, in its sole and absolute discretion without incurring any liability on any account whatsoever.
- Maxsupermart also reserves the right to terminate your participation in the program in the event Maxsupermart determines, in its sole and absolute discretion, that you have contravened any of the Terms and Conditions of the Program and/or the MSA.
- You will have the right to terminate your participation in the program by giving 1 month prior written notice to Maxsupermart.
- Promotional activity expenses payable under these Terms and Conditions will be exclusive of applicable Service Tax that you are legally obligated to charge under the applicable legislation. You may charge Maxsupermart to receive payment for any applicable service tax on the promotion activities undertaken, provided that such taxes are stated on the original invoice that you provide to Maxsupermart and your invoices state such taxes separately and meet the requirements for a valid tax invoice under applicable laws and regulations.
- If at any time the credit is denied due to a deficient invoice issued by you, you will indemnify Maxsupermart against any denied credits as well as any interest or penalties imposed on Maxsupermart as a result of claiming credit against the deficient invoice.
- You will be responsible for determining the value of product(s) which you sell to be disclosed in your invoice and understanding the tax obligations (including interest and penalties) or fees arising as a result of this program. Maxsupermart will not indemnify or reimburse in any manner any tax obligations (including interest and penalties) arising from transactions and the documentation of transactions under these Terms and Conditions.
- Maxsupermart shall maintain the right to deduct or withhold any taxes from any amounts payable to you under these Terms and Conditions and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement of Maxsupermart’s obligations.
- You agree to provide necessary documentation including EIN & Sales Tax Certificate, for Maxsupermart to undertake its obligations under the applicable law.
In the event of any conflict in the provisions of the MSA and these Terms and Conditions, unless otherwise specified herein, the provisions of these Terms and Conditions will prevail.