Terms of service

Thanks for using our products and services. The Services are provided by Sellzmart, a product of Femiza Technologies Pvt. Ltd. (“FemizaTech”), located at 13/H/46, Braunfield Row, kolkata - 700027, West Bengal, India.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
This “Agreement” governs your use of the “Site” and any services made available to you by us or through the Site.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Conditions of Services

  The Terms specified herein restrict the use of this “Site” by minors and those who do not have capacity to enter into a valid commercial contract.
  If you are less than 18 years and you wish to contract you are required to contract through your parents or legal guardian.
  You are required to provide accurate and correct personal information while registering to use the services rendered by Sellzmart and You agree to keep it up-to-date.
  We have the right to verify the Information provided by You in reasonable circumstances if required.

Protection of Personal Information

  All aspects related to the collection of personal information from You, at the time of registering with Sellzmart, shall be according to the “Privacy Policy(hyperlink to privacy policy)” of Sellzmart which shall be read as a part of this Agreement.
  Sellzmart respects your privacy and assures You that the information collected from You will be used only to provide You our services.
  Such personal information shall not be made available to any third party.

Proprietary Notices and Intellectual Property Rights

  All aspects related to the intellectual property associated with the Site are governed by the “Intellectual Property Policy” of Sellzmart which shall be read as a part of this Agreement.
  The Site and all the content so presented on the site (including but is not limited to acoustic, photographs, illustrations, graphics, video and software) code, data, works of authorship and materials thereon, the look and feel, blueprint and the manner in which material is arranged on the Site (hereinafter referred to as the “Content”) are protected by Indian copyright, trademark and other laws.
  Sellzmart and its licensors own, sole and exclusive rights to title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Site and/or the Content does not grant to You any ownership of any Content to which You may have access on the Site.
  The trademarks, logos, service marks and trade names (hereinafter referred to as the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Sellzmart and its licensors and may not be used except with the express written permission of the respective Trademark owner.
  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Sellzmart or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
  All intellectual property rights in the Service are, and shall remain, the property of Sellzmart or its licensor (as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by Sellzmart and its licensors (as applicable).

Your Sellzmart Account End Users

  End Users while browsing through the site can view products and information, request information and engage in certain Services on the Site. Users agree to the following terms and conditions:
  You expressly agree that any submissions by You will automatically be treated as non-confidential and non-proprietary and will become the sole property of Sellzmart without any compensation or credit to you whatsoever.
  Sellzmart and its affiliates may use the ideas contained in such submissions or posts for any purpose in any medium which includes but is not limited to, developing, manufacturing and Sellzmart products and services using such ideas.
  You may not use Sellzmart service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this Agreement.

Prohibited Usage

The Site and the Services are to be used only for lawful purposes. The site must not be used to post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You are not to use the Site or the Services for the following:
You may not use Sellzmart service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on “Prohibited Uses” of this Agreement.
  Promote or convey provocative or prohibited contents which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise reasonably and is likely to generate such conduct.
  Posting any pornographic content or pictures, engage in transmitting child pornographic materials or activities harmful to children.
  Provide any false, misleading or inaccurate information.
  Indulge in identity theft, unauthorized advertising using Sellzmart account.
  Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices.
  Infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe anyone’s privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission.
  Engage in activities which include but are not limited to hacking other computers or servers, including Our’s; or violate any requirements, procedures, policies or rules of networks related to the system. Engage in any unlawful activity using credit cards.
  Falsely express or imply that Sellzmart sponsors, endorses or is otherwise associated with You or Your content.
  Interfere or attempt to evade or disable the Site or services, the proper working, the security features or the equipment connected to the Site or the Services.
  Entail an excessively large load on the infrastructure of the Site or Our systems or networks.
  Restrict or restrain any other person from using the Site or the Services; Indulge in criminal or terrorist activity against any nation or society; or cause any threat or harassment to any person or public as a whole.
  Engage in any activity that restricts or inhibits any other Sellzmart Account Holder from using or enjoying the Service.
  Violate this Agreement or encourage or assist anyone else to violate this Agreement.

Sellzmart Written Permission Required

  Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post the Content or the Site for commercial purposes.
  Use of the brand name Sellzmart.com.
  Alter, eliminate, remove, supplement, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
  Access or attempt to access the Site or collect or index information provided to Sellzmart using any automated means, such as robots, spiders, scrapers, scripts, or similar means or equivalent manual processes.
  In addition to any remedies that Sellzmart may have at law or in equity, if Sellzmart reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Sellzmart may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site.

Disclosure of information

The terms of “Privacy Policy” which deals with disclosure of information has been incorporated by reference to this Agreement. You are requested to kindly refer to the “Privacy Policy” to understand the circumstances when Sellzmart would disclose Your personal information. Sellzmart assures You that we will not process data about any identified or identifiable natural person that we obtain from You in a way incompatible with the purposes and other limitations which We describe in this Agreement. Sellzmart will take reasonable precautions to protect the information it obtains from You from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, Sellzmart will have no liability to You or any third party provided that such reasonable precautions are taken.

Administrative access

  Sellzmart will have access to Your accounts for administrative reasons.
  Sellzmart expressly states that You must NOT commit any illegal or prohibited acts as specified in Clause on “Prohibited Uses” of this Agreement through Our Site.
  If You are found to be abusing our services for any illegal purposes, Sellzmart reserves the right to disconnect Your account and ban You from further use of our services.

Reserved Rights

Sellzmart reserves the following rights :
  To suspend or terminate the account of anyone who violates this Agreement.
  To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
  To review, modify, filter, disable, delete and remove any and all content and information from the Site.
  To update and download automatically any software provided on or through the Site.
  To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer’s best interests.
  To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.

Payment and Refund/Cancellation Policy

We will charge you a standard monthly fee based on your account plan. The Service is billed in advance for each month, quarter, half-year or year, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.

Term

This Agreement is valid from the date You:

  User (merchant) subscribes to this Site till the time when You decide to stop using the services offered by the Site.
  Cancellation, Suspension or Termination of Services.

Sellzmart can invalidate the user account

Without limiting its other remedies, Sellzmart may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate this Agreement and Your access to the account(s) if You fail to comply with any terms specified herein. Sellzmart may take such actions without providing You prior notice and at its sole discretion. Sellzmart reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon receipt of any third party complaint that You have engaged in any activity that violates this Agreement, which may otherwise subject Sellzmart to liability for any reason, or that may cause Sellzmart to incur legal fees or other expenses. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.

Our Warranties and Disclaimers

This clause shall be applicable to the end users, any person visiting or accessing Sellzmart website who accepts this Agreement related to the services provided herein.

  Nothing stipulated in the Terms of Service shall be deemed to provide a warranty or representation (either express or implied) from the part of Sellzmart to the control or use any of Your data. Sellzmart represents that they do not have any obligation to control the access of any information, sites or domains in order to safeguard the interests of the public or the account holder.
  You expressly agree and understand that your activities through Sellzmart account, including but not limited to downloading, uploading, transmitting, distributing any material, shall be at your sole discretion and at your sole risk. The services are provided “as is” and “as available” basis without warranty of any kind from the part of Sellzmart.
  Sellzmart, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Sellzmart, its officers, directors, employees, and agents make no representations or warranties about.
  The accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or, The services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Sellzmart assumes no liability or responsibility for the same.
  YOU understand and agree that you are solely responsible in case of any damages or loss of data that may occur to your computer or system or any other equipment which resulted from using the services provided by Sellzmart.
  Sellzmart further expressly disclaims all representations and warranties of any kind with respect to any materials uploaded, downloaded, transmitted or otherwise obtained through any other source including any website or Sellzmart website itself.
  Sellzmart does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
  In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Sellzmart, its officers, directors, employees, or agents will .
  Constitute legal or financial advice or
  Create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
  Except as set forth in the Intellectual Property Policy (Incorporated by reference) Sellzmart will not intervene or become involved in any disputes between the User and a third party, including, but not limited to, End users.
  You shall be liable for all the consequences and damages that arise as a result of Your violations of any part of the stipulations herein. Sellzmart SHALL NOT BE RESPONSIBLE for any of your illegal activities and they shall have the right to recover any such damages from You, including attorney fees and costs related to any legal procedures associated with it.
  The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
  You explicitly understand and accept that Sellzmart shall not be liable to You under any agreement, direct or indirect; incidental or consequential damages that may be incurred by You through Your (refers to User here, the store owner) use of Our services so offered by Sellzmart or through Your (refers to End User here, the Customer of the Store Owner) of the services or products offered by the Store Owners.
  Sellzmart assumes no responsibility with respect to user’s or end user’s use of the services and shall not be liable for consequential, incidental, or special damages, including but not limited to loss of use, business interruptions, and loss of profits, lost revenue or punitive or exemplary damages, even if Sellzmart is aware of the possibility thereof.
  In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
  The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

Your representations and warranties

By using the Site, the Services or the Content You represent and warrant that:

  You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services.
  You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract.
  You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement.
  You are authorized to sign for and bind the person or entity using the Site or the Services.
  You will provide only true, accurate, complete and current information to Sellzmart; and
  You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from Sellzmart or in any material that You post or submit on the Site for any purpose.

Assignment

You may not assign this Agreement or any part of this Agreement without the express written consent of Sellzmart. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that Sellzmart may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.

Modification

Sellzmart has sole and complete authority to modify and amend the Terms of Service with or without any notice to You in this regard.

Incorporation of policies

Intellectual Property Policy and the Privacy Policy referred to in this Agreement constitute an integral part of this Agreement and are incorporated herein by this reference.

Governing Law & Jurisdiction

This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Kolkata, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Kolkata, India, for settlement of any dispute or enforcement if any right under this Agreement.