Welcome to Sellingo. The Terms of Use (these “Terms”) are the terms and conditions governing your use of Sellingo. By accessing Sellingo either through the website (i.e. www.sellingo.co.in) or Sellingo Mobile Application on all app platforms i.e. Android and IOS or any other tools (collectively, the "Platform") developed by Datagrid Solutions Private Limited, you acknowledge, accept and agree to the following terms which are designed to make sure that Sellingo works for everyone. These terms are effective from the moment you login or access our website.
In these Terms of Use, Sellingo is individually and collectively referred to as “Sellingo”, “We” or “Us”. For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any content on the Platform.
If you are not agreeable with these terms, you are advised not to use this Platform.
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ABOUT “Sellingo”
Sellingo is an online platform (Product) developed by DATAGRID SOLUTIONS PRIVATE LIMITED, an Indian Private Limited company that is registered under 2013 Companies Act under CIN: U72900MH2015PTC268206 and having its registered office at 604/605, Crystal Plaza, next to Atul Projects, Guru Hargovindji Road, Chakala, Andheri East, Mumbai, Maharashtra 400099.
Sellingo is an online platform that allows users from around the world to connect with one another for the purpose of offering, selling and buying products or services (collectively as “Service”) via the Platform. The actual contract for sale or purchase is between the seller and the purchaser and Sellingo is not a traditional auctioneer or middleman or a broker.
While Sellingo acts an online platform to get the buyer and seller in one place, we have no control over and we do not guarantee the existence, quality, genuineness, safety or legality of the product or services advertised, the truth or accuracy of the users content or listing, the ability of sellers to sell product or services, the ability of the buyers to pay the same or that a buyer and seller shall complete the transaction or to return the product or services.
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ACCEPTANCE:
By using the Service and the Platform, you agree to abide with these Terms. Furthermore, you agree and undertake to exercise reasonable diligence as you would in traditional offline channels and practice judgment and common sense before entering into any transaction. You agree, confirm and understand that you are solely and exclusively responsible for reviewing these Terms from time to time (readily available on the Platform). That in the event, should you object to any term or condition of these Terms or any guidelines posted, or any consequent changes made from time to time or become displeased with Sellingo or the Service in any way, your only option is to immediately discontinue use of the Platform and deactivate your account. We shall at our own discretion be entitled to revise and update these terms from time to time. We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
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SERVICE AND CONTENT POLICY:
- Sellingo acts as a portal to allow our users to offer, sell, and buy products or services listed on the Platform. Though you may be able to make payments and other transactions through the Platform, using third-party payment methods such as VISA, Mastercard, RuPay, Paytm, UPI, Google Pay, Atom Razorpay etc., Sellingo shall not be under any circumstance be involved in such transactions. You hereby acknowledge and agree that Sellingo is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions, whatsoever. You shall use the Service and the Platform at your own risk.
- You understand that Sellingo does not control, and is not responsible for listings, postings, images or information in any form made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Sellingo be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service.
- We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms or of any party's rights.
- You acknowledge and agree that you are solely and exclusively responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you shall continue to, for such time as the Content is available on the Platform, have the necessary licenses, proprietary rights, consents, and permissions to use such Content on the Service and Platform and authorize Sellingo to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms and does not under any circumstances infringe any intellectual proprietary rights of any third-party; and (ii) you hereby grant to Sellingo an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content (in whole or part) vide the Platform. We need these rights in order to host and display your Content. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Sellingo remove or delete such Content from the Platform. As a seller, you agree to ensure that content directly associated with your content is accurate.
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USING Sellingo:
While using Sellingo Platform, you agree, confirm, undertake and covenant that:
- That you shall not breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- That you shall use the Platform only if you are an adult i.e. 18 years or above. If you are a minor i.e. under the age of 18 years, you may use the Platform only with the involvement of parent or guardian;
- That you shall not post, list or upload content in inappropriate categories or areas on our Platform;
- That your content shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen product or services;
- That your content shall not pertain to such product or services that you are not the lawful owner of or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for;
- That your content shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party.
- That your content shall not distribute viruses or any other technologies that may harm Sellingo or the interests or property of Sellingo users or impose an unreasonable load on the infrastructure or interfere with the proper working of Sellingo;
- That your content shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product or services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- That your content shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Listing Condition hereinbelow.
- That you shall not manipulate the price of the product or services or interfere with any other user’s listing;
- That you shall undertake to complete the transaction i.e. the buyer should pay for the product or services purchased and the seller shall make the delivery of the product or services to the buyer.
If we believe or have been informed that you are abusing our Platform and/or our Service in any manner or way, we may, in our sole discretion and without limited other remedies, limit, suspend or terminate your user account and access to our Service.
We also have the right and entitlement to cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify or terminate the Service (whole or part) to anyone for any reason at our discretion.
You are aware that the Platform can be down due to technical reasons or the Platform undergoing maintenance. We may provide you with a notice (such as adding a statement on the Homepage or sending you an e-mail or text message notification).
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ABUSING Sellingo:
Sellingo works to keep our website, applications, tools, and service in proper working condition. You agree to report to us if you come across any content that is offensive or violates any of terms listed herein or infringes any intellectual property rights by emailing us at [email protected].
We reserve the right to take down any content and or limit or delete your account and further take all reasonable technical and legal steps to prevent the misuse of the Platform. However, whether we decide to take any of these steps, remove hosted content or keep a user off Sellingo or not, we do not have any obligation to monitor the content transmitted or stored on our Platform and we do not accept any liability for unauthorized or unlawful content on the Platform by users.
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YOUR ACCOUNT:
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your account is hacked or someone is given unauthorized access. Please ensure that all the details provided to us are correct and complete and you undertake to inform us immediately of any changes in the information that you provided while registering.
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PERSONAL INFORMATION
By using Sellingo, its Service and Platform, you agree to the collection, storage and use of any personal information provided by you on the Platform. The data is stored and controlled on servers located within India and or such places as may be decided by Sellingo at their sole discretion.
You also agree to receive marketing communications such as e-mails, texts, posts, etc. from us unless you specifically unsubscribe it.
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FEES & TAXES
The Fees we charge for using our service is listed in our different subscription plans. You can choose the subscription plan at the time you post your listing. Our subscription plans are denoted in Indian Rupees. We may change our fees for any plan or discontinue the paid plans or the free plans from time to time by intimating the user with a notice 7 days prior to such change but no such notice shall be given in situations such as promotions or any changes that result in decrease in fees. The Fees is inclusive of all applicable taxes as per the laws of India.
All types of payment methods such as Credit Card, Debit Cards, NEFT, RTGS, UPI, Cheque are accepted.
You are aware that the Platform might from time to time have promotional offers or discounts in respect of the subscription plans, however there is no guarantee that when you may click such a Promotional Offer, the Offer shall still be valid.
In the event, you upgrade or downgrade your subscription plans, we shall charge you on a pro-rata basis and if any balance is payable by us to you, the same shall be credited in your Sellingo Wallet.
You are responsible for paying the fees when they’re due. If you don’t, without prejudice to any other right or remedy, we may be entitled to either limit your access to our Platform or temporarily suspend your ability to use the Service. Fees are non-refundable even for the content we remove, delay, omit, re-categorize or otherwise moderate.
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VIOLATION BY USER
You agree that in the event your Content violates any provision of these Terms, we shall have the right to terminate and/or suspend your membership of Sellingo without refunding your fees and refuse to provide you or any person acting on your behalf, access to the Platform.
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LISTING CONDITIONS
When listing the product or services for sale on the Platform, you agree to adhere and comply with the conditions laid herein below:
- You are solely responsible for the accuracy of the content of the listing of the product or services offered for sale;
- Your listing of the content may not be immediately searchable on the Platform for several hours or it might not be searchable on search engines ever;
- Content that violates any of Sellingo policies may be modified or deleted at the sole discretion of Sellingo;
- We may revise data associated with the listings of the product or services to supplement, delete or correct the information;
- We strive to create an online platform for products or services where buyers can find the product or services that they are looking for. Therefore, the appearance or location of listings in search and browse will depend on diversity of factors, including but not limited to:
- Buyer’s search history, search query and browsing site;
- Price, shipping cost, quality, terms of service and relevance to buyer’s query;
- Number of listings matching the buyers query.
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That you consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the Platform;
- That you shall post the listing in the appropriate and correct category (e.g. Lifestyle products, Eyewear, Fashion etc.)
- To drive positive user experience, some listing may not appear in search results regardless of the sort order chosen by the buyer;
- To help improve your search ranking, be as descriptive as possible when you create your listing. Write a clear title and description, list your product or services in right category and fill out all the details that are mandatory;
- We may provide you recommendations while you are making your listings. Such recommendations maybe based on the aggregated sales of similar sold product or services;
- When you create your listing, you can include buyer requirements such as only allowing buyers who live in a particular state or country or having specific mobile number.
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PURCHASE CONDITIONS
When buying a product or services from Sellingo Platform, you agree to rules and regulations laid down herein below:
- You are solely responsible to read the description of the product or services and check all the content related to the same before making any commitment to buy;
- You enter into a legally binding contract to purchase the product or services when you commit to buy the product or services;
- You shall read the buyers requirements if any, in the description and if you don’t meet those requirements, you are not allowed to purchase that product or services;
- You are aware that Sellingo doesn’t certify the quality and genuineness of the product or services and you shall not under any circumstances make Sellingo responsible for any fraud that may occur;
- That you consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the Platform.
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FEATURES ON SELLINGO
- The Platform shall provide the feature to share the listing via e-mail, WhatsApp, Facebook, Pinterest and Twitter. If any of these applications shall cease to exist or barred by law to use, then the same shall not appear on the Platform and be replaced with another application.
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THIRD PARTY WEBSITES:
Sellingo may on its Platform, provide links to websites operated by third-party which is completely unrelated to Sellingo. If the user decides to view such a website, they shall do so at their own risk, subject to that website’s terms and conditions of use and privacy policy that may be different from Sellingo and Sellingo disclaims all liability thereto. It is the user’s responsibility to take all protective measures to guard against any destructive elements they may encounter on these third-party websites. We make no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.
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NOTICE OF CLAIM IN RESPECT OF INFRINGEMENT
Sellingo is not liable for any infringement of intellectual property rights (e.g. design, trademark, etc.) arising out of product or services posted on or transmitted through the Platform or the product or services advertised on the Platform;
If you believe that your intellectual property rights are being infringed by a user on the Platform with respect to your content, please notify our Sellingo team by emailing us at [email protected].
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INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree to abide by what is stated under Section III (4) of these Terms. Sellingo.co.in or its parent entity accepts no responsibility for the said Content. However, you understand that all Content posted by you becomes the property of Sellingo and you agree to grant/assign to Sellingo and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
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The text, software, scripts, graphics, photos, sounds, music, videos, interactive features (“Materials”) on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
Unless otherwise stated, all intellectual property rights in all material and Content presented on the Platform, trademarks, designs and logos appearing on Platform are the property of Sellingo.co.in, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
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RETURNS AND CANCELLATION
Sellingo shall not be under any circumstances be liable to initiate any returns or replacements or refund any money to the buyers in any circumstances. The returns, cancellations, replacements and refunds shall be done between the buyer and seller at their own risk and expense.
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INDEMNITY
You agree, confirm and undertake to indemnify and hold Sellingo, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of these terms, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.
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DEALINGS WITH ORGANIZATION/INDIVIDUALS
You acknowledge and agree that Sellingo shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of product or services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Sellingo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Sellingo is under no obligation to become involved or participate in such dispute.
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GOVERNING LAW & JURISDICTION
These terms shall be governed by the Laws of India and the Courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of these Terms.
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DISCLAIMER OF WARRANTIES
- We try to keep Sellingo safe, secure and functioning at all times but we cannot guarantee continuous operation or access to the Platform or Service. Update of your content or new listings on the Platform may not occur in real time and may take some time. Such functionality issue is beyond the control of Sellingo;
- To the fullest extent permitted under applicable law, and except as expressly provided to the contrary in a writing by us, the Service, the materials, and any product or services sold by users through our Platform is provided on an “AS IS” basis;
- All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights including the content contained on the Platform are expressly disclaimed to the fullest extent permitted by law.
- Without limiting the foregoing, neither Sellingo nor any of its affiliates or licensors, nor the directors, respective officers, employees, licensors or representatives of such parties (collectively, the "Sellingo Providers") represent or warrant (i) that the Service or content or product or services sold through the Platform will meet your requirements or be genuine, complete, hallmark graded, reliable or error free; (ii) that the Service, or content or product or services sold through the Platform will always be available or will be uninterrupted, accessible, timely, responsive or genuine; (iii) that any defects in the product or services will be corrected; (iv) that the service or content or product or services sold through the Platform will be free from viruses, "worms," "trojan horses" or the like which may be transmitted to or through the platform by any third party; (v) the genuineness, quality, grade, reliability, timeliness or completeness of any materials available on or through the Platform; (vi) any implied warranty arising from course of dealing or usage of trade; or (vi) that the Service, content or product or services sold through the Platform are non-infringing.
- You acknowledge that content you store or transfer through the Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including server failure, software failures, protocol changes by third party providers, internet outages, natural disasters, scheduled or unscheduled maintenance, or other causes outside of our reasonable control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Platform
- Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances shall Sellingo Providers be liable for any special, indirect, incidental or consequential damages, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with: (i) use of the Service or material, including, but not limited to, any damage caused by any reliance on, or any delays, errors or omissions in, any of the Service or materials. (2) any inability to use the Service or Platform for whatever reason, or (3) any product or services purchased or obtained, directly or indirectly, through the Platform or Service, even if Sellingo providers are advised of the possibility of such damages, including without limitation any damages caused by or resulting from (a) reliance by any user on any information obtained from company, or (b) that result from events beyond Sellingo providers' reasonable control, such as site interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Sellingo records, programs or services.
You acknowledge and agree that Sellingo shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Platform is controlled and offered by Sellingo. We make no representations or warranties that the Platform is appropriate and operational for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
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GENERAL
- These terms and the other policies posted on Sellingo constitute the entire agreement between you and Sellingo, superseding any prior agreements.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sellingo without restriction. Any assignment or transfer by you shall be null and void.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- By using this Service and Platform you are agreeing to be bound by the current version of our Terms and Conditions of Use.
- We reserve the right to withdraw and/or alter any or all of the terms and conditions of the plan at any time without prior notice.
