This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of a SELLERSBAY’s website www.sellersbay.in (hereinafter referred to as “SELLERSBAY/ SellersBay Website/ Website”) and its services and tools are governed by the following terms and conditions (“Terms of Use”). If You transact on Website, You shall be subject to the policies that are applicable to the website for such transaction.

For the purpose of these terms of use, wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User.

When You use any of the services provided by SELLERSBAY, including but not limited to Customer Comments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. SELLERSBAY reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, SELLERSBAY grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the SELLERSBAY’s Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, are not eligible to use the SELLERSBAY Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. SELLERSBAY reserves the right to terminate your membership and refuse to provide You the access to the Website if it is brought to SELLERSBAY’s notice.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or SELLERSBAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, SELLERSBAY has the right to indefinitely suspend or terminate or block access of your membership with SELLERSBAY and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to SELLERSBAY, You agree and understand that You are communicating with SELLERSBAY through electronic records and You consent to receive communications via electronic records from SELLERSBAY periodically and as and when required. SELLERSBAY may communicate with You by email or by such other mode of communication, electronic or otherwise.

Use of Website

You agree, undertake and confirm that your use of SELLERSBAY’s Website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which You do not have any right to; or

(b) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or

(c) misleading in any way; or

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

(e) harasses or advocates harassment of another person; or

(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or

(h) infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; or

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or

(j) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or

(k) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

(l) solicits gambling or engages in any gambling activity which SELLERSBAY, in its sole discretion, believes is or could be construed as being illegal; or

(m) refers to any website or URL that, in the sole discretion of SELLERSBAY, contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or

(n) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or

(o) violates any law for the time being in force; or

(p) impersonate another person; or
(q) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or

(r) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. SELLERSBAY reserves the right to bar any such activity.

I. You shall not attempt to gain unauthorized access to any portion or feature of SELLERSBAY Website, or any other systems or networks connected to Website or to any of its server, computer, network, or to any of the services offered on or through SELLERSBAY Website, by hacking, password “mining” or any other illegitimate means.

II. You shall not probe, scan or test the vulnerability of SELLERSBAY Website or any network connected to Website nor breach the security or authentication measures on SELLERSBAY Website or any network connected to SELLERSBAY Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of SELLERSBAY, including any SELLERSBAY account not owned by You, to its source, or exploit SELLERSBAY Website or any service or information made available or offered by or through Website, 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 SELLERSBAY Website.

III. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SELLERSBAY Website or its systems or networks, or any systems or networks connected to the SELLERSBAY Website.

IV. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SELLERSBAY or others.

V. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

VI. You shall not engage in advertising to, or solicitation of, other users of SELLERSBAY to buy or sell any products or services, including, but not limited to, products or services related being displayed on Website or related to SELLERSBAY. You may not transmit any chain letters or unsolicited commercial or junk email to other users via SELLERSBAY or Website. It shall be a violation of these Terms of Use to use any information obtained from SELLERSBAY in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the SELLERSBAY without it’s prior explicit consent.

VII. You understand that SELLERSBAY has the right at all times to disclose any information (including the identity of the persons providing information or materials on the SELLERSBAY) as necessary to satisfy any law, regulation or valid governmental request. 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.

VIII. SELLERSBAY reserves the right, but has no obligation, to monitor the materials posted on SELLERSBAY website. SELLERSBAY 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 this Terms of Use. Notwithstanding this right of SELLERSBAY, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.

XII. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through SELLERSBAY, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. SELLERSBAY 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 the presence of such third party advertisers on SELLERSBAY Website.

XIV. SELLERSBAY 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).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the SELLERSBAY website are owned by their respective owners.

Except as expressly provided in these Terms of Use, no part of the SELLERSBAY and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without SELLERSBAY express prior written consent.

Other Businesses

SELLERSBAY does not take responsibility or liability for the actions, products, content and services on SELLERSBAY website, which are linked to Affiliates and / or third party websites. In addition, SELLERSBAY may provide links to the third party websites of affiliated companies and certain other businesses for which, SELLERSBAY assumes no responsibility for examining or evaluating the products and services offered by them, and SELLERSBAY does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s).

MANDATORY DECLARATION – COMPUTERS

(1) You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.

(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on SELLERSBAY Website on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, SELLERSBAY does not warrant that:

I. This website will be constantly available, or available at all; or

II. The information on this website is complete, true, accurate or non-misleading.

V. SELLERSBAY will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, SELLERSBAY website.

VII. SELLERSBAY does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through SELLERSBAY website; their servers; or electronic communication sent from SELLERSBAY are free of viruses or other harmful components;

VIII. All the products sold on Website are governed by different state laws and if SELLERSBAY is unable to deliver such products due to implications of different state laws, SELLERSBAY will return or will give credit for the amount received by SELLERSBAY from the sale of such product, that could not be delivered to You;

IX. You will be required to enter a valid phone number while placing an order on Website. By registering your phone number with us, You consent to be contacted by SELLERSBAY via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. SELLERSBAY will not use your personal information to initiate any promotional phone calls or SMS’.

SERVICES

Payment

(1) While availing any of the payment method/s offered on the Website, SELLERSBAY will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

I. Lack of authorization for any transaction/s; or
II. Exceeding the preset limit mutually agreed by You and between your “Bank/s”; or
III. Any payment issues arising out of the transaction, or
IV. Decline of transaction for any other reason/s.

(2) All payments made against the purchases/services on SELLERSBAY by You shall be compulsorily in Indian Rupees acceptable by the Union of India. SELLERSBAY does not accept any other form of currency with respect to the purchases made on SELLERSBAY.

Breach

Without limiting other remedies, SELLERSBAY may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the SELLERSBAY website in the event, but not limited to:

I. If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;

II. If SELLERSBAY is unable to verify or authenticate any information You provide; or

III. If it is believed that your actions may cause legal liability for You, other Users or SELLERSBAY. SELLERSBAY may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with SELLERSBAY or use Website in any manner whatsoever until such time that such User is reinstated by SELLERSBAY.

Indemnity

You shall indemnify and hold harmless SELLERSBAY, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.

Trademark, Copyright and Restriction

This site is controlled and operated by Webcommerce Solutions. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by SELLERSBAY or by other parties that own or have licensed their material to us. Material on SELLERSBAY web site owned, operated, licensed or controlled by SELLERSBAY is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Product Description

SELLERSBAY Website tries to be as accurate as possible on behalf of its vendors. However, Website does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.

Pricing/Typographical error

If SELLERSBAY comes across any difference in pricing resulting from typographic errors wrt pricing or product information, SELLERSBAY shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by NEFT/Bank Transfer or any other suitable means.

7 Day Replacement Guarantee

For information on return & refund policy, see here

Cancellation of order

SELLERSBAY reserves the right to cancel any order without any explanation for doing so, under situation where SELLERSBAY is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Website policy or order has invalid address/incorrect information or for any other reason. However, SELLERSBAY will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

Limitation of Liability

IN NO EVENT SHALL SELLERSBAY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF SELLERSBAY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Our Contact

Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Site to [email protected]