TERMS OF USE

TERMS OF USE

This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and other applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and terms for access or usage of the Sellacha mobile application and the domain [sellacha.com] (“sellacha.com”) (collectively, “Sellacha Platform”).

GENERAL

The Sellacha Platform is made available by BETTA APPS PRIVATE LIMITED (“Sellacha”, “Company”, “we”, “us” and “our”), a private company established under the laws of India, having its registered office at H.No. 16-8-679, MALAKPET, HYDERABAD, TELANGANA,INDIA – 500036.

“Merchants” refer to persons who can use their accounts on the Sellacha Platform to build their own online stores (“Stores”) which can be accessed by customers (“Customers”) on the Domain. Merchants can also avail of various Services (as described below) including from third party service providers (“Partners”). Merchants, Customers and Partners are collectively referred to as “You” / “Your”.

The term “Services” refers to any services offered by Sellacha, including but not limited to:

Providing access to the Sellacha Platform, with the included tools, menus, software, options, features and functionality, as an integrated Software As a Service (“SAAS”) solution, to enable Merchants to register with us and create customized, bespoke, online Stores which can be used by Customers who visit them to purchase products and services from the Merchants;
Providing a subdomain within the Domain where Stores can be hosted by Merchants and accessed by Customers;
Providing data analytics services to Merchants to help them track and evaluate customer interactions and transactions that take place in the Stores; and
Providing, either directly, or by enabling various Partners, access to various services such as delivery, logistics, payment solutions, advertising, etc.

(collectively, “Services”).

For the purposes of these Terms, unless defined hereunder, all capitalized terms shall have the meaning ascribed to them in the.

Please read these Terms carefully before you access the Sellacha Platform or use the Services. If you do not agree to these Terms, please do not use the Sellacha Platform or avail our Services, and we request you to uninstall the application. By installing, downloading or even merely accessing the Sellacha Platform or Stores, you shall be contracting with Sellacha and you signify your acceptance to this Terms and other Sellacha policies (including but not limited to the Privacy Policy) as posted on the Sellacha Platform or Stores, and as amended from time to time.

As a Merchant, you agree to comply with your obligations under these Terms. You further agree to have a public facing privacy policy, terms and conditions and other policies, in compliance with applicable laws, to detail and govern your relation with Customers who access your Store and adequately inform them about such terms, and the manner in which your Store operates.

AMENDMENTS

The Company reserves the right to change or modify these Terms or any policy or guideline of the Sellacha Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Sellacha Platform. While the Company will periodically inform you of the Terms or any material changes to the Terms that the Company makes, you are responsible to check this page regularly to make note of any changes. Your continued use of the Sellacha Platform or the Services means that you accept and agree to the changes in the Terms.

By (i) using this Sellacha Platform or availing any of our Services; (ii) visiting the Sellacha Platform; (iii) downloading the Sellacha application; or (iv) visiting a Store hosted using the Sellacha Platform, you agree that you have read, understood and agreed to be bound, including without limitation, by these Terms, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing the Sellacha Platform, or availing any of our Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.

The Sellacha Platform is operated, and Services are provided in compliance with the laws in India and Company shall not be liable to provide any Services to you in locations outside India. If you access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. Where you use any third-party website or the services of any third party such as a payment gateway or logistics partner, you may be subject to alternative or additional terms and conditions of use and privacy policies.

SERVICES

For Merchants:

The Company offers you various tools and services. Any new features or tools that are added to the current Services will also be subject to these Terms and you are encouraged to visit this page and review them periodically. Your continued use of the Sellacha Platform or the Services, or operation of a Store, means that you accept and agree to the Terms and their extension to such new features and Services. Further, some of the Services may be provided by third party Partners of the Company. Such third party Partners may have alternative or additional terms and conditions that may be applicable to you (“Additional Terms”). You are responsible for reviewing and agreeing to such terms and conditions. Additionally, in the event of a conflict between the Terms and the Additional Terms, the conditions set out in the Additional Terms will prevail in relation to that particular Service.

For Customers:

When you visit a Store created by any Merchant on the Sellacha Platform, you are bound by the terms and conditions of such Store. The Company has no control over products or services made available through such Stores and does not have any privity with you. The authenticity, accuracy or genuineness of the products and services made available by the Merchants through the Stores is the sole responsibility of the relevant Merchant operating such Store and the Company shall have no liability with respect to the authenticity of the any transactions taking place on the Stores or Customer’s access to and use of the Stores.

Whilst our Terms require Merchants to operate their Stores in compliance with applicable laws, you acknowledge that Sellacha is not responsible for, and has no control over, the practices and content of the terms of use of the Merchants, Stores or Partners. You are therefore requested to refer to the terms of the relevant Store or the relevant Partner to understand how those terms govern your relationship with them.

ELIGIBILITY OF USE

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Sellacha Platform. Only individuals who are 18 years of age or older may use the Sellacha Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Sellacha Platform or our Services, your parents or legal guardian must acknowledge and agree to the Terms and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms and Sellacha policies, you shall immediately discontinue its use. Sellacha reserves the right to terminate your Account and / or deny access to the Sellacha Platform if it is brought to Sellacha’s notice that you are under the age of 18 years.

We will also pass on such alerts to any Merchant to whos’ Store the information may have been submitted to, and they will delete such information forthwith or deny you access. As a Merchant, you agree to comply with this obligation.

USER ACCOUNT, PASSWORD AND SECURITY

For Merchants:

You may access the Sellacha Platform by registering to create an account (“Account”). The Account can be created for the limited purpose of using and accessing the Sellacha Platform and using our Services, and are strictly not transferable. As part of the functionality of the Sellacha Platform, you may link your Sellacha Account with Third Party Accounts, by either:

providing your Third Party Account login information to us through the Sellacha Platform; or
allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

For Customers:

You may access the Stores hosted on the Sellacha Platform by directly accessing the URL to the Store, through banners or links, or by way of your account on third party social media platforms (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Sellacha Platform via your Account.

Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be your content for all purposes of these Terms.

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Sellacha Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Sellacha Platform.

You can only have one Account and are not permitted to create multiple accounts. Sellacha reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Sellacha Platform.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete (“Account Information”).

We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms or other Sellacha policies.

You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Company of any unauthorized use of your Account or Account Information or any other breach of security, non-compliance with any applicable laws, rules, regulations and guidelines as may be notified from time to time; and (b) ensure that you exit / log out from your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 5. You may be held liable for losses incurred by Company or any other user of or visitor to the Sellacha Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential or otherwise. You shall ensure that the Account Information provided by you for registering on the Sellacha Platform is true, complete, accurate and up to date. Use of another user's Account Information for availing the services offered by Company is expressly prohibited. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/Account details for using the Sellacha Platforms.

COMPANY’S RIGHTS

The Company strives to provide you with a wide range of features and functionalities for opening your Stores and availing our Services. Not all Services or features will be available to all Users at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without prior notice to you and at any time. As a Merchant, you understand and agree that:

The Company does not pre-screen any materials, products or contents that you offer or display on their Stores (collectively “Materials”) and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Stores or the Services, violate these Terms. All commercial terms such as price, delivery, dispatch of products and/or services by the Store are as per principal-to-principal bipartite contractual obligations between the Merchant and customers. You agree that Company does not have control of or liability for the products or services that are listed/ offered through the Stores. Company does not guarantee the identity of any third parties, nor does it ensure that a Customer who uses the Stores or a third party will complete a transaction.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
The Company reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store owner. If we are unable to reasonably determine the rightful Store owner, without prejudice to our other rights and remedies, the Company reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
If you make any payments in relation to our Services you agree as follows.

In order to process the payments for any Services that you avail, you may be required to provide details of your bank account, credit card number, etc. The online fee payments made by you are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company does not receive the financial information provided by you to these banks/payment gateways/payment aggregators/ third parties. The Company is not responsible for any loss or damage caused to you or any customers of your Stores during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company and subject to their respective policies. There are no applicable payment charges levied on any transactions. The Merchant agrees that the Merchant will be responsible to review and agree to the Additional Terms of such third party payment service providers and the Company will have no liability in this regard.

You agree and acknowledge that if you fail to provide payment or if all payment methods in your Account fail, we may suspend our Services until we have successfully charged you. You agree and acknowledge that you shall be deemed to have waived your rights to the Account and our Services during the period of non-payment.

Settlement- The Merchant agrees that all settlements by the Company will be processed subsequent to the delivery of item ordered by the Customer.

Taxes- Each Merchant / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.

Security Measures- The payment made for every transaction is done through API integration. Moreover, you may also check our Privacy Policy to understand how the Company uses the confidential information provided by Merchants.

The Company reserves the right to modify the fee structure by providing on the Sellacha Platform which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the Merchant.

Dispute- Any dispute in connection to the third-parties services shall be settled between the Merchants and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

NO ENDORSEMENT

We do not endorse any Merchant who opens a Store on the Sellacha Platform or any of our Partners. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users of the Sellacha Platform.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

USER OBLIGATIONS

Subject to compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Sellacha Platform and the Services provided herein.
You agree to use the Services, Sellacha Platform, Stores and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree and acknowledge:

not to access (or attempt to access) the Sellacha Platform, the Stores and the materials or Services by any means other than through the interface that is provided by Company.
not to use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Sellacha Platform, or Services for any purpose.
not to use any automated device to access, acquire, copy or monitor any portion of the Sellacha Platforms, or in any way reproduce or circumvent the navigational structure of the Sellacha Platforms, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Sellacha Platform.
to operate the Store and use the Services in accordance with applicable laws and you will be responsible for obtaining all necessary consents, permissions, licenses, etc. that may be necessary to operate your Store or that may be held by you in your use of the Service and your performance of obligations under the Terms.
that as a Merchant, you will be required to provide public-facing contact information, a refund policy and order fulfilment timelines on your Store.
that you will have a public facing privacy policy informing Customers of collection of their information by the Company for various purposes including but not limited to improvements to the Sellacha Platform, improving and customising your Stores to enhance user experience. You will be responsible for obtaining all necessary consents from Customers to allow us to collect, store, process and disclose their data to our third party Partners for provision of our Services.
that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through your Stores. You are responsible for the creation and operation of your Store, your Materials, the goods and services that you may sell through your Stores, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, the Company will not be the seller or merchant on record and will have no responsibility for your Store or items sold to customers through the Services.
That each Store you operate is you are an e-commerce platform, which will need to comply with applicable laws for e-commerce activities.
that you will comply with the list of permitted and restricted goods and services that can be offered through the Stores.
that you are solely responsible for the goods or services that you may sell through the Stores (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
that you are solely responsible for determining the inventory, price, discounts, offers, promotions, etc. on any goods and services made available to customers through your Store. You are solely responsible for collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Store or your use of the Services.
that all advertisements you put up on the Store or the Platform will always be compliant with applicable advertising standards.
that you will not publish any news or current affairs or the business carried out through the Store will not make you a news publisher as defined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. To the extent your Store has any products or services that may categorize you as a content publisher under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you will comply with all ethics codes and other requirements under applicable law.
that you will not discriminate against any Customers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Sellacha Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event;
you 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 regarding your use of our Sellacha Platform and our Services and any sale of products or services through your Stores. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

You acknowledge that the Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information, which will also be included within the scope of Materials you upload on the Sellacha Platform. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Materials throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Materials, subject to the rights you granted to us in these Terms. You may modify or remove your Materials via your Account or by terminating your Account, but your Materials may persist in historical, archived or cached copies and versions thereof available on or through the Services. You hereby undertake to ensure that the Materials is not offensive and in accordance with applicable laws. Further, you undertake not to:

Host, display, upload, modify, publish, transmit, store, update or share Materials which:

amounts to stealing and/or publishing of information belonging to others and to which you do not have any right (including but not limited to personal information, non-personal information and payment information) without requisite consent or a license;
impersonates any person, including the Company, our affiliates, our designated partners, our designated representatives, our employees, or another user/player;
is illegal, misleading, fraudulent, invasive of another’s privacy (including bodily privacy), harmful, threatening, abusive, blasphemous, insulting or harassing (including on the basis of gender), tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, paedophilic, libelous, obscene, hateful, racially or ethnically objectionable, inappropriate, profane, indecent, or relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
which shows any individual in full or partial nudity or shows or depicts any individual in any sexual act or conduct, or is in the nature of impersonation in electronic form including through artificially morphed images;
infringes any intellectual property rights, including patent, trademark, moral rights, trade secret, copyright, service marks or other proprietary rights, of any individual /entity;
takes advantage of, exploits, deceives or misleads any other user about the origin of the message or knowingly and intentionally communicates any information which is patently false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency (especially for financial gain or to cause any injury to any person) (as determined in our sole discretion);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
violate any applicable law, rule, or regulation in connection with your access or use of the Sellacha Platform or Services or otherwise;
is harmful to minors; or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, is against decency or morality, results in contempt of court, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.

You shall not delete or modify any content of the Sellacha Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You shall not use any "deep-link", "page-scrape", "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 Sellacha Platform or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Sellacha Platform or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sellacha Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Sellacha Platform, or any other systems or networks connected to the Sellacha Platform or to any server, computer, network, or to any of the services offered on or through the Sellacha Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Sellacha Platform or any network connected to the Sellacha Platform nor breach the security or authentication measures on the Sellacha Platform or any network connected to the Sellacha Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Sellacha Platform, including any account on the Sellacha Platform not owned by you, to its source, or exploit the Sellacha Platform or any service or information made available or offered by or through the Sellacha Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sellacha Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Sellacha', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Sellacha or Merchant on the Sellacha Platform or otherwise tarnish or dilute any Sellacha's service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us or any of our affiliates and Group. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sellacha Platform or Sellacha’ systems or networks, or any systems or networks connected to Sellacha.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sellacha Platform or any transaction being conducted on the Sellacha Platform, or with any other person's use of the Sellacha Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Sellacha Platform or any service offered on or through the Sellacha Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sellacha Platform or any content on the Sellacha Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of Sellacha and/or others.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms and Privacy Policy applicable to use of the Sellacha Platform.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sellacha Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Sellacha Platform. Sellacha shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SELLACHA PLATFORM AND IN YOUR STORES. Please be advised that such Content posted does not necessarily reflect Sellacha’ views. In no event shall Sellacha assume or have 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 Sellacha Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with Customers or Partners, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Customer / Partner. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such interaction.
It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Sellacha Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sellacha Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Sellacha Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Sellacha Platform. Please carefully select the type of information that you publicly disclose or share with others on the Sellacha Platform.
Sellacha shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
You shall not violate any applicable laws or regulations for the time being in force within or outside India;
You shall not violate the Terms, including but not limited to any applicable Additional Terms contained herein or elsewhere; and
You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Sellacha Platform.

NOTICE AND TAKE DOWN POLICY TEMPLATE AND PROCEDURES

If any person believes that their work (as included on the Sellacha Platform or a Store) has been copied, displayed, or distributed in a way that constitutes copyright infringement, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the identification of what material in such work(s) is claimed to be infringed and that such use is not covered by fair use or any other available defence. Posts must be referenced by either the dates in which they appear or by the permalink of the post on the Sellacha Platform or Services. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sellacha to locate the material;
Information reasonably sufficient to permit Sellacha to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
The following mandatory statement: "I undertake that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
An undertaking that you will file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one) days from the receipt of the notice by us.
Sign the document with either your physical or electronic signature; and
Send the written communication to: Email to sales@sellacha.com

Format of notice of infringement:

To,

BETTA APPS PRIVATE LIMITED ,

Reg Office: 16-8-679

MALAKPET,

HYDERABAD- 560068, TELANGANA

If a counter-notice is received by us, the Company may send a copy of the counter-notice to the original complaining party. Unless the complainant files an action seeking a court order against the user to whom the notice was issued within 21(twenty-one) days of receiving a counter-notice or provides a court order to the Company within such time period, the removed content may be replaced, or access to it restored.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Sellacha Platform, any claim that your material caused damage to a third party, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to you under this Terms or otherwise shall be to the extent of refund of the money charged from you for Services availed by you, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Sellacha Platform, Services or content on the Sellacha Platform. Company is not responsible for any non-performance or breach of any contract entered into between users and third party service providers. Company cannot and does not guarantee that the concerned users and/or third party service providers will perform any transactions that are entered into on the Sellacha Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement between users and third party service providers. Company does not, at any point of time during any transaction between users and third party service providers on the Sellacha Platform come into or take possession of any of the services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the services offered by third party service providers to users.

At no time shall Company hold any right, title or interest over the products sold through the Stores, nor shall Company have any obligations or liabilities in respect of such contract entered into between users and third party service providers. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Sellacha Platforms and block your future access to the Sellacha Platforms, if Company determines that you have violated these Terms or Additional Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate your access to the Sellacha Platform, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Sellacha Platform or any Service offered on or through the Sellacha Platform; or unexpected technical issues or problems. If Company does take any legal action against you as a result of your violation of these Terms, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

TERMINATION

The Terms will continue to apply until terminated by either you or Company as set forth below. If you want to terminate your agreement with Company, You may do so by (i) not accessing the Sellacha Platforms; or (ii) closing your Accounts. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
Company is required to do so by law (for example, where the provision of the services hereunder, to you is, or becomes, unlawful);
The provision of the Services to you, by Company is, in Company's opinion, no longer commercially viable;
Company has elected to discontinue, with or without reason, access to the Sellacha Platform, the Services (or any part thereof); or
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 the Terms applicable to a particular service, termination of your Account may include: (i) removal of access to all offerings within the Sellacha Platform or with respect to the Services; (ii) deletion of your materials and 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 (iii) barring of further use of the Services. You agree that all terminations shall be made in Company's sole discretion and that 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 Sellacha Platform or the Services. Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If you or Company terminates your use of the Sellacha Platform, Company may delete any content or any other materials relating to your use of the Sellacha Platform and Company will have no liability to you or any third party for doing so.

RELATIONSHIP WITH OPERATORS IF THE SELLACHA PLATFORM IS ACCESSED ON MOBILE DEVICES

In the event the Sellacha Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).

Your download, installation, access to or use of the Sellacha Platform is also bound by the terms and conditions of the Operator.

You acknowledge that these Terms are concluded between you and Sellacha only, and not with an Operator, and we, not those Operators, are solely responsible for the Sellacha Platform and the content thereof to the extent specified in these Terms.

The license granted to you for the Sellacha Platform is limited to a non-transferable license to use the Sellacha Platform on a mobile device that you own or control and as permitted by these Terms.

We are solely responsible for providing any maintenance and support services with respect to the Sellacha Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Sellacha Platform.

You and we acknowledge that, in the event of any third party claim that the Sellacha Platform or your use of the Sellacha Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Sellacha Platform (e.g. you must ensure that your use of the Sellacha Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

DISCLAIMERS

THE SELLACHA PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SELLACHA PLATFORM, SERVICES OR CONTENT ON THE SELLACHA PLATFORM, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE SELLACHA PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE SELLACHA PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SELLACHA PLATFORM, IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SELLACHA PLATFORM IS AT YOUR RISK.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

YOU ACKNOWLEDGE THAT THIRD PARTIES MAY OPEN A STORE ON THE SELLACHA PLATFORM OR PARTNER WITH US FOR PROVISION OF SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PARTNER’S GOODS OR SERVICES.

SELLACHA DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT ON THEIR STORES.

WHILE THE MATERIALS PROVIDED ON THE SELLACHA PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SELLACHA PLATFORM, SERVICES, CONTENT ON THE SELLACHA PLATFORM AND OTHER MATERIALS ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (I) THE SELLACHA PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SELLACHA PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SELLACHA PLATFORM, SERVICES OR CONTENT ON THE SELLACHA PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SELLACHA PLATFORM, SERVICES OR CONTENT ON THE SELLACHA PLATFORM WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SELLACHA PLATFORM, SERVICES OR CONTENT ON THE SELLACHA PLATFORM WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SELLACHA PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE SELLACHA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTELLECTUAL PROPERTY RIGHTS

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Sellacha Platform, and in the material published on it including but not limited to user interface, layout format and any content thereof.

You recognize that the Company is the owner of the logo including but not limited to its variants (IPR) as well as the domain name [“sellacha.com”] and shall not directly or indirectly, attack or assist another in attacking the validity of, or Sellacha’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at sales@sellacha.com with all relevant information.

You may print one copy, and may download extracts, of any page(s) from the Sellacha Platform for your personal reference and you may draw the attention of others within your organisation to the Stores and other material available on the Sellacha Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Sellacha Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print, copy or download any part of the Sellacha Platform in breach of these Terms, your right to use the Sellacha Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you are a Merchant operating a Store, we ask that you respect the intellectual property rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the Accounts of repeat infringers.

THIRD PARTY CONTENT

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Sellacha Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Sellacha Platform, although we are under no obligation to do so.

TREATMENT OF YOUR INFORMATION BY US

We process information provided by you to us in accordance with our Privacy Policy, available

SEVERABILITY

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

ASSIGNMENT