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Terms of Service

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS OF USE WERE UPDATED ON OCTOBER 29, 2015. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.

1. DEFINITIONS:

โ€œBuyersโ€ shall have the meaning ascribed to in as under the Buyersโ€™ Agreement;

โ€œCompanyโ€ shall mean Zorbet Pro Private Limited, a company registered under the Companies Act, 2013 having its registered office at Flat no. 102, Bhagyoday, Plot no - 275, Sector - 21, Nerul East, Navi Mumbai, 400706

โ€œPlatformโ€ shall mean InstaSell that provides a collection of online resources, including classified advertisements, forums, related sites including the mobile application of the platform;

โ€œProductsโ€ shall mean the goods and services listed on the Platform by the Merchants for the purposes of marketing and selling such goods and services to Buyers;

โ€œInstaSellโ€, โ€œWeโ€, โ€œUsโ€ or โ€œOurโ€ shall mean the Company;

โ€œUsersโ€, โ€œMerchantsโ€, โ€œSellersโ€ or โ€œYouโ€ or โ€œYoursโ€; shall mean any natural or legal person who has access to and is using the Platform for the purpose of marketing or selling their Products, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account; and

โ€œUser Accountโ€ shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.

2. INTRODUCTION :

To enhance Your use of the Platform, certain information may be This Platform is operated by the Company under the brand InstaSell. The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The Userโ€™s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (โ€œMerchantsโ€™ Agreementโ€ orโ€œTerms of Serviceโ€ orโ€œTermsโ€), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Merchantsโ€™ Agreement and all the documents referred to hereunder periodically.

If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy govern Your relationship with Us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Merchantsโ€™ Agreement.

If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy govern Your relationship with Us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Merchantsโ€™ Agreement.

This Merchantsโ€™ Agreement sets forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (โ€œAdditional Documentsโ€), which shall be deemed to be a part of this Merchantsโ€™ Agreement. In the event of any conflict between the terms of this Merchantsโ€™ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Merchantsโ€™ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Merchantsโ€™ Agreement.

3. SCOPE OF THE PLATFORM :

The Platform is an e-portal/mobile based application for marketing, purchasing and selling of Products. By visiting our Platform and/ or listing some Product for marketing purposes, You engage in our โ€œServiceโ€ and agree to be bound by the following terms and conditions (โ€œTerms of Serviceโ€, โ€œTermsโ€), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, Information, pictorial representations and/or images (โ€œContentโ€).

4. EXCLUSION OF LIABILITY :

You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:
5. ONLINE STORE TERMS :
A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.

6. GENERAL CONDITIONS :
The headings used in this Merchantsโ€™ Agreement are included for convenience only and will not limit or otherwise affect these Terms.

7. PROHIBITED USES :

In furtherance to Clause 4 (iii) above, You undertake and warrant that You will not list the following Products on the Platform:
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Platform or its Content:
8. TERMS OF USE :

You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Merchantsโ€™ Agreement.

9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :

10. MODIFICATIONS TO THE SERVICE AND PRICES :

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

11. PRICE OF THE PRODUCTS:

The Merchant undertakes and warrants that at all times, the sale price of Product provided by the Merchant for listing and display on the Platform shall be:

We will in no way be responsible for assisting You in relation to any claims with respect to tax payable on the Products sold by You on the Platform.

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, form any loss arising out of or in relation to any : (i) claims with respect to taxes to be paid on the Products sold by You on the Platform; and/or (ii) with respect to any misrepresentation of the sale price of the Products listed by You on the Platform.

12. PRODUCTS :

We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that You offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.

We do not warrant that the quality of any Products, information, or other material purchased or obtained by any Buyers from You will meet the Buyersโ€™ expectations, or that any errors in the Service will be corrected. You will be solely responsible for the same.

13. OPTIONAL TOOLS :

We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an โ€œas is basisโ€ and โ€œas availableโ€ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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

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

14. THIRD-PARTY LINKS :

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.

We are 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 Platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS :

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, โ€œCommentsโ€), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.

We are and shall be under no obligation to:

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyโ€™s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.

16. PERSONAL INFORMATION :

Your submission of personal information is governed by Our Privacy Policy.

17. ERRORS, INACCURACIES AND OMISSIONS :

Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.

18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY :

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.

You expressly agree that Your use of, or inability to use, the service is at Your sole risk. We are not responsible for ensuring that the sale price and other consideration to be received from the Buyer (โ€œSale Priceโ€) for sale of Products listed on the Platform to the Buyers. Any Service provided to you by Us is without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of due receipt of Sale Price and non-infringement.

In no case shall the Company, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to Your use of the Service, 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 Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19. COPYRIGHT AND TRADEMARK :

Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.

You agree and confirm that:

20. INDEMNIFICATION :

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysโ€™ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

21. SEVERABILITY :

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. TERMINATION :

These Terms of Service are effective unless and until terminated by either You or Us. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Merchantsโ€™ Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

23. ENTIRE AGREEMENT :

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. GOVERNING LAW :

We shall not be held liable for any of Our obligations under the Merchantsโ€™ Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

25. FORCE MAJEURE :

We shall not be held liable for any of Our obligations under the Merchantsโ€™ Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

26. CHANGES TO TERMS OF SERVICE :

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. CONTACT INFORMATION :

For any queries about Terms of Service, you can call us at 08369730293 or chat with us on the help desk chat option available in the app.

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