Last updated on:26th June 2019

General

THESE TERMS OF USE AND SALE (“ TERMS OF SERVICE ”) IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND COMPANY . THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BE TWEEN USER AND COMPANY FOR THE USE OF THE WEBSITE AND ANY PLATFORMS LINKED WITH THE SAME .

These Terms of Service of the website located at the URL www.selltm.com and mobile application under the name and style Selltm (the “ Platform ”) shall apply to all users of the Platform, including without limitation users who are browsers, wholesale vendors (the “ Vendors ”), resellers (the “ Resellers ”), merchants, or contributors of content (collectively, “ You ” or “ Your ” or “ Yourself ” or “ Users ”). By visiting or accessing any part of the Platform or utilising the Services, the Users agree to be bound by these Terms of Service, including any additional terms and conditions and policies referenced herein together with all other notices, disclaimers, and guidelines (“ Policies ”) appearing on the Platform from time to time. If the Users do not accept any or all of the Terms of Service, they should not access the Platform or use any of the Services.

The Platform is operated by the company, Newfangled Internet Pvt Ltd (“ Company ”). The Company, through its Platform, offers an e-Commerce marketplace for dropshippers, selling products across categories, and associated marketing, payment, order management, enquiry management tools and other incidental services, to enable the transactions as available from time to time, on the Platform (the “ Services ”).

The Users can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for revision. The Users continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

These Terms of Service govern the use of the Platform, by installing, downloading or even merely using the Platform, the Users shall be contracting with the Company and signify their acceptance to the Terms of Service and other Policies of the Company as posted on the Platform from time to time, which takes effect on the date on which the Platform is downloaded and creates a legally binding arrangement to abide by the same.

Eligibility

The User represent that he is of legal age to form a binding contract and is not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Service with your parent or legal guardian, and in such a case these Terms of Service shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. 

The User shall not have more than one active Account (defined hereunder) on the Platform. Additionally, the Users are prohibited from selling, trading, or otherwise transferring their account to another person.

Account Registration, Password and Security

The Company permits all Users to access and view the Contents of the Platform without registration on the Platform. Users (not in the nature of Resellers) may place orders and make purchases on the Platform without registration on the Platform. Resellers may access the Platform by registering to create an account and become a member. The membership is limited for the purpose and are subject to these Terms of Service and other Policies, and strictly not transferable.

The Resellers agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

On registration, the Vendors or Resellers will receive a password protected account and an identification. The Vendors or Resellers agree to: (i) maintain the confidentiality of their password; (ii) take full responsibility for all activities by Users accessing the Platform through their account; (iii) immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and (iv) ensure that they exit from their account at the end of each session. The Vendors or Resellers are solely responsible for all activities that occur under their account and that all purchases made by them are intended for sale or consumption in the course of their business activities.

It shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any of the provisions of these Terms of Service.

Notwithstanding anything to the contrary herein, the Vendors or Resellers acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company.

Selling

Resellers and Vendors are permitted to list products for sale on the Platform in accordance with the Policies and these Terms of Service. The Resellers and Vendors represent and warrant that they are legally able to sell or list the products on the Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. 

The Platform allows the Users to place orders for the products sold by various Vendors or Resellers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. 

The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms of Service, and any terms and conditions imposed by the Vendor or Reseller concerned.

On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Vendor or Reseller and/or the User concerned. Further, the Company may inform the Users through the Platform or otherwise, about the availability or unavailability or change in price of the order as informed by the Vendor or Reseller confirmed. Confirmation of the order shall be treated as final.

The Users agree that the Company does not own, sell, resell products on its own and/or does not control the Vendors or Resellers. It shall be the sole responsibility of the Vendor or Reseller to comply with applicable laws for selling, distributing, packing/packaging, labelling etc of the products, including but not limited to Legal Metrology Act 2009, and Legal Metrology (Packaging Commodities) Rules 2011. 

Order and Financial Terms

All commercial/contractual terms are offered by and agreed to between Vendors or Resellers and the Users alone. The commercial/contractual terms include, without limitation, price, shipping costs, mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Vendors or Resellers and the Users. All discounts and offers are by the Vendors and Resellers and not by the Company.

The Users acknowledge and agree that the Company may, at the request of the Vendor or Reseller, act as the payment agent for the limited purpose of accepting payments from You on behalf of the Vendor or Reseller. Upon payment of the amounts to the Company, which are due to the Vendor or Reseller, the payment obligation to the Vendor or Reseller for such amounts is completed, and the Company will be responsible for remitting such amounts, to the Vendor or Reseller. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

The Users agrees to provide current, complete and accurate purchase and account information for all purchases made at on the Platform. In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Platform Services.

The Company merely collects the payment on behalf of the Vendor or Reseller. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Vendor or Reseller. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on collection & payment of taxes along with any documents or filing to be made with regard to GSTIN shall be with the Vendor or Reseller.

The transaction is bilateral between the Vendor or Reseller and the Users and therefore, the Company is not liable to charge or deposit any taxes applicable on such transaction.

Optional Tools

The Company may provide the Users with access to third-party tools over which the Company neither monitors nor has any control nor input. The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by the Users of the optional tools offered through the Platform is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Company may also, in the future, offer new features through the Platform (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

Third Party Links

Certain content or products available via the Platform may include materials from third-parties. Third-party links on the Platform may direct you to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Obligation

Subject to compliance with this Terms of Service, the Company grants the User a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use the Platform and the Services provided therein.

The User agrees to use the Services, Platform and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) these Terms of Service and Policies; and (b) any applicable law.

The User agrees to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that may be accessible on the Platform in accordance with these Terms of Services. 

The User agree not to access (or attempt to access) the Platform or Services by any means other than through the interfaces that are provided by Company. The User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

If a User believe that any Content or User Content (as defined herein) or other content available on the Platform does not comply with these Terms of Service including the Policies or applicable law, the User may report such content in the manner prescribed under these Terms of Service.

The User while using the Platform and/or the Services undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that: 

The User agrees to not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other Vendor or Reseller, including any  account not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;

The User shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Platform. The User may incur access or data fees from third parties in connection with its purchase and/or use of the services. The User is responsible for all such fees.

The User shall use the Platform, and any voucher/coupons obtained through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

The User may need to install updates that the Company or any third party introduce from time to time to use the services, products, Platform including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, " Updates "). The User agrees to receive such automatically requested Updates, for use of the Platform. 

The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Platform and listing, purchase, solicitation of offers to purchase, and sale of products or Services. 

The User agrees that it is solely responsible to the Company and to any third party for any breach of its obligations under these Terms of Services or other agreements/Policies and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.

Role of Company

The User agrees, understands and acknowledges that the Platform is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. The User further agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products on the Platform. The Company is not the seller of the products. Accordingly, any contract for the sale / purchase of products on the Platform is a bipartite contract between the User and the Vendor or Reseller. The Company neither recommends the User to buy or sell any products on the Platform nor does the Company endorses any such products and nor does the Company provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products on the Platform. Further, the Company does not guarantee, warranty or provide any assurance on the behaviour of any User of the Platform including any guarantee, warranty or assurance that any User (whether buyer or vendor or reseller) will complete any transaction or act in a prudent manner.

The Company reserves the right to delist any product from the Platform with or without any notice.

Use of Content

The Platform may allow a User to post certain content, data or information of its own such as allowing it to rate products, seller, post comments, and reviews in relation to products on specific pages of the Platform, as well as submit any suggestions, comments, questions or other information to Company using the Platform / Services (collectively referred to " User Content "). The User, being the originator of the User Content, is responsible for the User Content that it uploads, post, publish, transmit or otherwise make available on the Platform. The User represent that it has obtained all relevant consents and approvals in order to post any User Content. The User further represent that all such User Content will be in accordance with applicable law. The User acknowledge that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserve the right to disable access to the User Content on the Platform.

The User hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. The User represents and warrants that it owns or otherwise control all of the rights to the User Content that it post or that it otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content does not breach these Terms of Service; and (iii) that such User Content is lawful.

The Users understand that their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Users understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Platform and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

Privacy 

All information about Users that are collected, stored or transmitted in any way on the Platform, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), located at Privacy Policy. 

Intellectual Property Rights

The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the " Content ") on the Platform is owned and controlled by the Company or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such Content, the Company reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of the Company or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the vendor/seller or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

The Users must not modify any information or materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Third Party Content

From time to time, the Vendors and Resellers shall be responsible for providing information relating to the products proposed to be sold by them. In this connection, the Vendors and Resellers undertake that all such information shall be accurate in all respects. The Vendors and Resellers shall not exaggerate or overemphasise the attributes of such products so as to mislead other Users in any manner.

The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or otherwise whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.

The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Users agree that it is their responsibility to monitor changes to the Platform.

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice. However, the Company undertake no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.

The Company reserves the right, but has no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms of Service. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.

Disclaimer of Warranties

The Company endeavours to make the Platform available during the Company’s working hours. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

The Company does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Platform.

The Company does not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

The Vendors and Resellers shall be solely responsible about the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.

The Company is not responsible for any non-performance or breach of any contract entered into between the Vendors or Resellers and the Users. The Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned.

The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.

The Company does not at any point of time during any transaction between any Vendor or Reseller and a User take possession of any of the products offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Company only provides a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Users concerned.

The Platform may be under constant upgrades, and some functions and features may not be fully operational.

The Platform is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.

The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.

The Company does not represent any of the users, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such users displayed on the Platform or with respect to the services provided. Any information provided with respect to the users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any users belongs to such users alone, and the company has no right or claim over the same.

The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Platform; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.

The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.

The Company shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.

Indemnification

The Users agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of a breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a third-party, cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. The Company shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally through hacking or otherwise.

Suspension & Termination

The Company reserves the right to suspend or terminate the account or access to the Platform (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and/or (ii) if the Users are found to be non-compliant with the Terms of Service. 

In addition to the above, the Company may, at any time, with or without notice, terminate these Terms of Service (or portion thereof, such as any individual Additional Terms) with You if:

The Company may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any additional terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Platform and Services.

Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Company chooses to terminate them. The Company may also cancel all Your non-fulfilled orders on the Platform without any obligation or liability towards You.

Governing Law

These Terms of Service and all transactions entered into on or through the Platform and the relationship between You and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, these Terms of Service, or any transactions entered into on or through the Platform or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Terms of Service shall be effective against a party if given as provided herein.

Report Abuse

In the event You come across any abuse or violation of these Terms of Service or if You become aware of any objectionable content on the Platform, or if You believe your intellectual property rights have been violated in any manner through the Platform, please refer to the Report and Take Down Policy available at Click Here or under "Policy Info" section.

Communication

When You use the Platform or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company will communicate with You by email or by notices on the Platform or electronic records on the Platform or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law. 

Notice

All notices with respect to these Terms of Use from the Company will be served to You by email or by general notification on the Platform. Any notice provided to the Company pursuant to these Terms of Service should be sent to Grievance Officer at harshal@selltm.com

Assignment

You cannot assign or otherwise transfer your account, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company's rights and/or obligations under the Terms of Service are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking Your prior consent. The Company may inform You of such assignment or transfer in accordance with the notice requirements under the Terms of Service. The Company shall have right to transfer Your Account and Account Information to a third party who purchases the Company's business as conducted under the Platform.

Severability

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Service hall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Service.

Waiver

Any failure or delay by a party to enforce or exercise any provision of the Terms of Service, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Service or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal to Principal

Vendor or Reseller and the Company are independent contractors, and nothing in these Terms of Service will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between Vendor or Reseller and Company. As an abundant caution, it is clarified that the Company shall not have any right to conclude any contract for sale or purchase of products for and / or on Your behalf and both You and the Company have entered this Terms of Service on principal to principal basis.

 

Force Majeure

If performance of any service or obligation under these Terms of Service or other agreement by the Company, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Company or its third parties performing such services as sub-contractor to the Company and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Grievance Officer

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Company for the purpose of these Terms of Service shall be Mr. Harshal Patel with email address: harshal@selltm.com. The Company may change the aforesaid details from time to time under intimation to You.

Feedback

Any feedback You provide to the Platform shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.

To clarify, the Company may at its discretion, make any modifications or changes to the Platform, Content and / or Services on the basis of such feedback, however the Company shall not be obliged to do so. Further, in the event that the Company makes any changes or modifications to the Platform, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Platform, Content and / or Services, and assign to the Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Platform, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Platform, Content and / or Services.