These Terms of Use govern your use of SellGoLive as a Seller — listing products, hosting live auctions, payments and escrow, shipping, returns, the commission we charge on domestic sales and the per-lead fee we charge on international ones. Please read them before you start selling.
Contents33 sections
- Welcome to Sellgolive
- 1Definitions
- 2Nature of the Platform and Role of the Company
- 3Acceptance and Eligibility
- 4Seller Accounts and Registration
- 5Seller Onboarding and KYC Verification
- 6Use of the Platform
- 7Live Auctions, Bidding and Conclusion of Sale
- 8Payments, Escrow and Commission
- 9Order Fulfilment, Shipping and Delivery
- 10Returns, Refunds and Cancellations
- 11Escrow Withholding and Buyer-Seller Disputes
- 12Live Recordings, Photographs and Marketing Use
- 13Communication and Notifications
- 14Cookies
- 15Intellectual Property Rights
- 16Third Party Sites, Vendors and Services
- 17Forbidden Uses and Seller Conduct
- 18Representations and Warranties
- 19Privacy Policy
- 20Consent and Withdrawal of Consent
- 21Confidentiality
- 22Limitation of Liability and Indemnity
- 23Disclaimers
- 24Suspension and Termination
- 25Force Majeure
- 26Grievance Redressal and Support Services
- 27Notices
- 28Modification and Amendment
- 29Governing Law and Dispute Resolution
- 30Miscellaneous
- 31Entire Agreement
- 32Survival
Welcome to Sellgolive
This document (the “Agreement”) sets forth the terms of use (the “Terms of Use”, “Terms and Conditions” or “Terms”) that apply to the access and use of the website Website https://www.sellgolive.com along with a Mobile Application GooglePlayStore: https://play.google.com/store/apps/details?id=com.sellgolive.sellgolive&pcampaignid=web_share , Apple app store : https://apps.apple.com/us/app/sell-golive/id6758999352 (collectively, the “Platform”) for sellers, in their capacity as sellers, by Sellgolive Private Limited, a company incorporated under the Companies Act, 2013, bearing CIN U47910HR2025PTC136606 and having its registered office at C-1791, Sushant Lok Phase 1, Gurugram, Galleria DLF-IV, Haryana, India – 122009 (the “Company”, “We”, “Us” or “Our”).
These Terms of Use constitute a legally binding electronic record as prescribed under the Information Technology Act, 2000 and the rules made thereunder, and are generated by a computer system and do not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which provide for the due diligence to be observed for the access or usage of the Platform.
The Platform operates a live-commerce auction ecosystem and enables real-time auction experiences, allowing You, as a Seller, to host live video-streamed auctions and showcase products to a wide audience, while buyers may register, participate in live auctions, place bids and complete purchases through the Platform. The Platform functions as an intermediary within the meaning of the Information Technology Act, 2000.
The Platform operates in compliance with the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 (the DPDP Act and Rules), the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and other applicable laws (collectively, the “Applicable Laws”), ensuring lawful data handling and fair, transparent online transactions.
These Terms of Use govern Your access to and use of the Platform and the services provided thereunder in Your capacity as a Seller. The Seller (“Seller”, “User”, “You” or “Your”), by accepting these Terms of Use or by accessing, downloading, installing, browsing or otherwise using the Platform, agrees that You have read, understood, acknowledged and accepted these Terms of Use. This Agreement, together with the Privacy Policy and any other policies made available on the Platform, shall be considered part and parcel of these Terms of Use. Separate terms of use govern the access and use of the Platform by buyers.
The Company reserves the right at any time, at its sole discretion, to change or otherwise modify these Terms of Use and any other policy related thereto. Where the Company makes changes that affect Your use of the Platform, notice of such change shall be posted on the Platform. Any changes shall be effective upon such posting. If You do not agree to the changes, You may delete Your Account and discontinue use of the Platform. Your continued access or use of the Platform after such changes signifies Your acceptance of the updated Terms of Use. You are advised to revisit this page periodically to review the most current version of these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS OF USE CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM AS A SELLER.
1Definitions
For the purposes of these Terms of Use, unless the context requires otherwise, the following terms shall have the meanings ascribed to them below.
A.
Account means the online account registered by You with the Company, including any profiles, pages, email address, mobile number and other similar presences by means of which You are able to access the Platform and the Services.
B.
Applicable Laws means all statutes, rules, regulations, notifications, circulars, orders, directions, guidelines, judgments, decrees or any other binding instrument issued by any governmental, statutory or regulatory authority of India, as amended from time to time, that apply to the Platform, the Company or the User.
C.
Auction means the live video-streamed bidding event hosted by You on the Platform, during which Buyers may participate, place Bids and purchase the Products being showcased.
D.
Base Price means the starting price set by You for a Product offered for sale through a live Auction on the Platform.
E.
Bid / Bidding means an offer made by a Buyer during a live Auction to purchase a Product at a price equal to or greater than the Base Price, in accordance with the Bid Increment determined by the Platform.
F.
Bid Increment means the fixed percentage increase (currently 10% (ten percent)) over the prevailing bid price applied to each successive Bid, as determined by the Platform from time to time.
G.
Buyer means a User who registers on the Platform with the intent to participate in Auctions, place Bids and purchase Products from Sellers.
H.
Commission means the fees, charges or commission retained or deducted by the Company from the proceeds of a successful Auction in consideration for providing the Platform, the Services and any ancillary services to You.
I.
Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
J.
Device means any device that can access the Platform such as a computer, a cellphone, a digital tablet or any other internet-enabled device.
K.
Escrow Account means the designated account maintained by the Payment Gateway in which funds in respect of Winning Bids are held pending fulfilment of the conditions for release set out in these Terms of Use.
L.
Intellectual Property Rights means all proprietary rights held by the Company, including but not limited to product designs, branding elements such as trademarks, trade names and logos, Platform content, images, written descriptions, promotional materials, packaging designs, technical know-how, software code, digital assets, the design, look and feel of the Platform, the technology, algorithms and bidding mechanics underlying the Platform, and any other creative or commercial outputs developed by the Company. All content made available on the Platform, including product listings, blogs and visual media, is the exclusive Intellectual Property of the Company (or its licensors, as applicable) and shall not be copied, reproduced, distributed or used without the prior written consent of the Company.
M.
International Show means a Show hosted by You on the Platform which is designated for an audience outside India, which is conducted on a request-to-buy basis and not by way of an Auction, and in respect of which the Company does not collect the purchase price or operate the Escrow Account.
N.
KYC means the “Know Your Customer” verification process undertaken in respect of Sellers, including verification of identity, address and business credentials, as more particularly described in Clause 5.
O.
Lead means a request raised by a Buyer during an International Show to purchase a Product offered by You at the price quoted by You in respect of that Product.
P.
Lead Fee means the amount payable by You to the Company in respect of each Lead, at the rates set out in Clause 8.13.
Q.
Live Recording means the audio-visual recording of a live Auction or live stream conducted on the Platform, including any photographs, screenshots, chat messages, comments and other content generated during such Auction or live stream.
R.
Minor means any person below the age of 18 (eighteen) years or the legal age of majority in their jurisdiction from where Platform is being accessed.
S.
Payment Gateway means the third-party payment service provider engaged by the Company to process payments and to operate the Escrow Account, presently being Razorpay, or such other payment service provider as the Company may engage from time to time.
T.
Personal Information / PI means any information or set of information, whether alone or in combination with other personal information, which is sufficient to identify the User.
U.
Platform means the website www.sellgolive.com and the mobile application SellGoLive owned and operated by the Company.
V.
Privacy Policy means the privacy policy of the Company, available at this link, as amended from time to time, which forms an integral part of these Terms of Use.
W.
Product(s) means the goods, articles, items or merchandise listed, showcased and offered for sale by You through live Auctions on the Platform.
X.
Seller means a User who registers on the Platform as a seller, lists Products, hosts live Auctions and offers Products for sale to Buyers through the Platform.
Y.
Services means the services provided by the Company through the Platform, including without limitation, hosting of live Auctions, facilitating Bidding, facilitating payments and escrow, shipping, providing live chat and notification facilities, and such other ancillary services as the Company may offer from time to time.
Z.
Shipping Partner means the third-party logistics service provider engaged by the Company to facilitate pick-up, transit and delivery of Products to Buyers, presently being Shiprocket, or such other logistics service provider as the Company may engage from time to time.
AA.
Third Party means any bank, association, company, vendor, service provider, payment processor, logistics service provider or any other entity whose facilities, products or services are utilised by the Company in connection with the Platform.
AB.
Usage Data means data generated through Your use of the Services or by selling Products on the Platform.
AC.
Winning Bid means the highest valid Bid received in respect of a Product during a live Auction, resulting in the conclusion of a sale transaction between You and the winning Buyer, subject to the terms hereof.
2Nature of the Platform and Role of the Company
2.1
The Company provides a technology infrastructure that enables You, as a Seller, to showcase and sell Products through live video-streamed Auctions and enables Buyers to participate in such Auctions, place Bids and purchase Products.
2.3
The Company does not own, manufacture, sell, resell, store, control, endorse, warrant or guarantee any of the Products listed by You on the Platform.
2.4
The Company merely facilitates the transaction between You and the relevant Buyer through the Platform and shall not be responsible for any non-performance or breach of any obligations by You.
3Acceptance and Eligibility
3.1
By accessing or using the Platform, You represent and warrant that You are competent to contract under the Indian Contract Act, 1872 and the laws of Your jurisdiction, and that You have the legal capacity to enter into a binding agreement with the Company.
3.2
Where You are an individual, You represent and warrant that You are at least 18 (eighteen) years of age or the age of majority as per your jurisdiction. Where You are a body corporate, partnership, limited liability partnership, sole proprietorship or other entity, You represent and warrant that You are duly organised and validly existing under Applicable Laws and that the individual accepting these Terms of Use on Your behalf is duly authorised to do so. The Company does not knowingly collect or process the Personal Information of any Minor. If the Company becomes aware that any User is a Minor, the Company reserves the right to terminate such User’s Account and to refuse access to the Platform.
3.3
You shall hold all necessary licences, registrations, permits, consents and approvals required under Applicable Laws to list and sell the Products offered by You through the Platform.
3.4
Without prejudice to the generality of the foregoing, the Company reserves the right, at its sole discretion, to refuse, restrict, suspend or terminate the Account or access of any User who, in the Company’s opinion, fails to satisfy the eligibility criteria or provides inaccurate, false or misleading information.
3.5
It shall be Your sole responsibility to ensure compliance with the eligibility criteria set out herein. The Company shall not be responsible for verifying the age, capacity, jurisdiction or eligibility of any User, save as expressly stated in these Terms.
4Seller Accounts and Registration
4.1
To access the seller features of the Platform, including the access to list Products and host Auctions, You shall be required to register and create an Account, and to successfully complete the KYC verification process described in Clause 5.
4.2
Registration may be undertaken by providing accurate and complete information through the registration interface or through supported social login methods, including login via Facebook, Gmail (Google) or Apple ID.
4.3
You agree that all information furnished by You at the time of registration or thereafter is true, accurate, complete and current, and You agree to maintain and promptly update such information so that it remains true, accurate, complete and current at all times.
4.4
You shall not:
4.4.1
provide the personal details of another individual with the intent to impersonate;
4.4.2
use contact, payment or identification information that belongs to another person without proper authorisation; or
4.4.3
use the credentials or details of another User to register, host Auctions or complete a transaction.
4.5
You are solely responsible for maintaining the confidentiality and security of any credentials associated with Your Account, including but not limited to passwords, OTPs and linked email or mobile accounts. You agree to:
4.5.1
take reasonable steps to protect Your Account from unauthorised access, including using strong, unique passwords and updating them periodically;
4.5.2
immediately notify the Company of any suspected or actual unauthorised use of Your Account or any other breach of security; and
4.5.3
remain solely responsible for any activity, communication, Auction hosted, transaction concluded or content uploaded using Your Account or Your registered contact details.
4.6
The Company shall not be liable for any loss or damage arising from Your failure to comply with the foregoing security obligations. In the event of suspected misuse, fraud or breach of these Terms of Use, the Company may temporarily suspend or permanently disable Your Account without prior notice.
4.7
The Company shall comply with Applicable Laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 and rules made thereunder, and shall implement appropriate technical and organisational measures to safeguard Your Personal Information (if applicable), in the manner described in the Privacy Policy.
5Seller Onboarding and KYC Verification
5.1
As a prospective Seller, You shall be required to successfully complete the KYC verification process before being permitted to list any Product or host any Auction on the Platform. KYC verification shall be undertaken in accordance with Applicable Laws and may be conducted directly by the Company or through the Payment Gateway or any other authorised third-party verification agency.
5.2
You shall furnish the following documents and information as part of the onboarding and KYC process:
5.2.1
Certificate of Incorporation / Corporate Identification Number (CIN), where applicable;
5.2.2
PAN Card of the business entity;
5.2.3
Cancelled cheque or bank letter issued on the letterhead of Your bank;
5.2.4
Proof of Identity of the business owner and authorised signatory: a Government-issued identity proof of the authorised signatory, including but not limited to Aadhaar card, Voter ID or Passport, along with the PAN Card details of the authorised signatory;
5.2.5
GST registration details, where applicable; and
5.2.6
such other documents and information as may be required by the Company or the Payment Gateway from time to time.
5.3
All KYC documents shall be valid, subsisting and free of any encumbrance. You shall promptly notify the Company of any change in the documents or information furnished. The Company shall be entitled to require periodic re-verification of KYC, and shall ordinarily undertake such re-verification on an annual basis and/or upon the occurrence of any material change in the information or documents furnished by You.
5.4
The Company reserves the right to refuse onboarding of any prospective Seller, or to suspend or terminate the Account of an existing Seller, where the KYC verification is unsuccessful, incomplete, inaccurate or misleading, or where the Company has reasonable grounds to believe that Your activity on the Platform is fraudulent, unlawful or in contravention of these Terms of Use.
5.5
You acknowledge and agree that KYC information is verified by the Payment Gateway (or such other authorised third party) and that the storage and processing of any payment-related and bank account information shall be governed by the privacy policy and terms of such third party. The Company does not store sensitive payment instrument details such as full card numbers, CVV or full bank account details (other than as required for disbursal).
6Use of the Platform
By accessing and using the Platform, You hereby declare, represent, warrant and undertake that:
6.1
You authorise the Company to collect, store, process and share Your Personal Information (and, where applicable, the information of Your authorised signatories) with its group companies, vendors, service providers, Payment Gateway, Shipping Partner and other third parties strictly to the extent necessary for the provision of the Services, and in accordance with the Privacy Policy.
6.2
The Company may collect, process and share Personal Information provided by Users strictly for the purpose of facilitating the Services, ensuring compliance with Applicable Laws and regulatory requirements, and enhancing the overall user experience on the Platform. Personal Information shall not be used for any purpose beyond those expressly stated in these Terms of Use and the Privacy Policy, except with the explicit consent of the relevant User or as required by Applicable Law.
6.3
You acknowledge and accept that the software and hardware underlying the Platform, as well as other internet-related software which is required for accessing the Platform, are the legal property of the Company or its Third Party licensors. The permission given by the Company to access the Platform does not convey any proprietary or ownership rights in such software or hardware.
6.4
You accept and acknowledge that the availability of Products listed on the Platform may vary by geography and that not all Products may be deliverable to all locations. You reserve the right to determine, in coordination with the Company, the geographic regions to which Your Products may be shipped.
6.5
The Company shall not be liable for any damages or loss (direct, indirect, incidental or consequential) arising due to disruption or non-availability of the Platform or any Service on account of technical fault, glitch, error, network failure, or any failure in software or hardware systems beyond the reasonable control of the Company.
6.6
All payments for Products sold on the Platform shall be processed through the Payment Gateway integrated with the Platform. The Company collects and manages payments solely for transactions conducted on the Platform. The Company is not responsible for any transactions conducted outside its official Platform, including those involving any third-party vendor or external website. Accordingly, the Company shall not be held liable, whether contractually, statutorily, or otherwise for:
6.6.1
any payment failures, chargebacks or reversals initiated by a Buyer or the Payment Gateway;
6.6.2
any refunds, returns or exchanges not processed in accordance with these Terms of Use;
6.6.3
the delivery, quality, fitness for purpose or legality of Products not sold through the Platform; or
6.6.4
any fraud, unauthorised transactions or disputes arising from interactions with third-party vendors or payment processors not engaged by the Company.
6.7
You agree and acknowledge that the Company reserves the right, at its sole discretion, to delete, block, restrict, disable or suspend Your access to the Platform if You are found engaging in any fraudulent, abusive or illegal activity.
7Live Auctions, Bidding and Conclusion of Sale
7.1
Live Auctions on the Platform shall be hosted by You through the live video streaming functionality provided by the Platform. You shall set the Base Price for each Product offered through an Auction.
7.2
Once an Auction has commenced, You shall not be entitled to withdraw any Product from the Auction or to pause, stop or otherwise terminate the Auction mid-stream. Once commenced, an Auction shall run to its scheduled conclusion. All Bids validly placed up to the conclusion of the Auction shall remain valid and binding, and the Product shall be sold to the Buyer placing the Winning Bid in accordance with these Terms of Use.
7.3
The Bid Increment applicable to all Bids placed on the Platform is fixed at 10% (ten percent) of the prevailing bid price, or such other percentage as the Company may determine from time to time. The Bid Increment is determined solely by the Platform and is not subject to adjustment by You or any Buyer.
7.4
All Bids are managed by the Platform on a single-queue basis, with Bids processed at millisecond timing. Each Bid, once accepted by the Platform, shall be deemed valid and binding. The Buyer who has placed the highest valid Bid at the conclusion of an Auction shall be the winning Buyer.
7.5
Notwithstanding the foregoing, You shall have the discretion to cancel, retract or reject a Winning Bid in exceptional circumstances, including where You are unable to fulfil the order. In the event You cancel a Winning Bid, the relevant Buyer shall be entitled to a full refund of any amount debited from the Buyer’s account in respect of such Winning Bid, in accordance with Clause 10. Any repeated, abusive or unreasonable cancellations by You may result in the suspension or termination of Your Account at the sole discretion of the Company.
7.6
You agree that the amount equal to the Winning Bid (together with applicable shipping charges, taxes and any other levies) shall be automatically debited from the relevant Buyer’s designated payment instrument upon the Buyer being declared the winner of the Auction, and that such amount shall be held in the Escrow Account maintained with the Payment Gateway until the conditions for release of funds set out in Clause 8 are satisfied.
7.7
You shall comply with all Applicable Laws in connection with the listing and sale of Products through an Auction, including but not limited to, laws relating to consumer protection, product labelling, taxation, packaging and prohibited or restricted goods. You represent and warrant that the Products listed by You are not prohibited, restricted or counterfeit under any Applicable Law.
8Payments, Escrow and Commission
8.1
All payments processed through the Platform shall be routed through the Payment Gateway. The Payment Gateway is operated by a third party (presently Razorpay) and the use of the Payment Gateway shall be subject to its own terms of service and privacy policy.
8.2
Upon a Buyer being declared the winner of an Auction hosted by You, the amount payable in respect of the Winning Bid shall be automatically debited from the Buyer’s designated payment instrument and held in the Escrow Account.
8.3
The funds held in the Escrow Account in respect of any Winning Bid shall be released to You once the Product has been successfully delivered to the Buyer and the return window described in Clause 10 (being 48 (forty-eight) hours from the date of delivery) has expired, provided that no return, refund, cancellation, complaint or dispute has been raised in respect of such Product. Amounts that have become eligible for release in accordance with the foregoing shall be aggregated by the Company and disbursed to Your designated bank account on a periodic basis, ordinarily on or about the 1st (first) day of each calendar month, through the Company’s designated banking partner, in each case net of the Commission and any other amounts due to the Company under these Terms of Use.
8.4
Where any disbursement to You fails on account of incorrect, incomplete or invalid bank account or payout details, or for any similar reason, the Company shall not be liable for the resulting delay. You shall promptly furnish the corrected details, upon which the relevant amount shall be reattempted in the next disbursement cycle. It shall be Your responsibility to keep Your bank account and payout details accurate, complete and current at all times.
8.5
Where a return, refund, cancellation or dispute is raised in respect of a Product, the release of funds in respect of such Product shall be withheld and shall be processed only upon resolution of the return, refund, cancellation or dispute in accordance with Clauses 10 and 11.
8.6
The Company shall be entitled to retain its Commission from the funds released to You in consideration of the Services provided. The Commission rate and the manner of computation thereof shall be communicated to You separately and may be amended by the Company from time to time on prior notice to You.
8.7
You shall bear and pay all charges, fees and commissions levied by the Payment Gateway and the Escrow Account operator in respect of transactions concluded through the Platform. The Buyer shall not be liable for any such charges, save and except for charges, taxes or fees expressly set out at the time of placing a Bid or making payment.
8.8
Save for the Commission and the third-party charges referred to in Clause 8.7, the Company does not presently levy on You any separate listing fee, live-streaming or infrastructure fee, promotional placement fee or late-fulfilment penalty fee. The Company reserves the right to introduce any such fee prospectively upon prior notice to You.
8.9
All amounts payable under these Terms of Use are exclusive of applicable taxes, duties, cesses, levies, charges and any other statutory dues, which shall be borne by the User responsible for the same under Applicable Laws. You shall be solely responsible for the discharge of all tax obligations, including without limitation goods and services tax (GST), arising in respect of the Products sold by You through the Platform, and for the issuance of valid tax invoices to Buyers where required under Applicable Laws.
8.10
The Company does not store any sensitive payment instrument details such as full card numbers, CVV or full bank account details, save as required for the disbursal of funds to You. All such information is collected and stored by the Payment Gateway in accordance with its privacy policy and applicable card industry standards.
8.11
Without prejudice to any other right or remedy available to the Company, where any amount is due and payable by You to the Company or to any Buyer (including, without limitation, the Commission and the return shipping charges payable by You in respect of any cancelled, returned or refunded order under Clauses 9 and 10, any refund made to a Buyer, and any Payment Gateway fee, chargeback, reversal or penalty for which You are liable under these Terms of Use), the Company shall be entitled to recover and adjust such amount by way of set-off or deduction from any amount then held in the Escrow Account, from the proceeds of Your subsequent sale(s) on the Platform, or from any future payout otherwise due to You. Where such amounts cannot be recovered in full through set-off, You shall pay the shortfall to the Company on demand.
8.12
Where You have been enabled by the Company to sell internationally, You acknowledge and agree that the Company’s charge in respect of International Shows is a Lead Fee payable per Lead, and not a Commission computed on the value of any sale. Clauses 8.2, 8.3 and 8.6 do not apply to International Shows. In respect of an International Show the Company does not collect the purchase price, does not hold any amount in the Escrow Account and does not disburse sale proceeds to You, and You transact with the Buyer directly in respect of payment for the Product.
8.13
The Lead Fee is a flat amount per Lead, determined by the price at which You quoted the Product, as follows: (a) where the quoted price is less than INR 5,000 (Rupees Five Thousand), INR 149 (Rupees One Hundred and Forty-Nine) per Lead; (b) where the quoted price is INR 5,000 (Rupees Five Thousand) or more but less than INR 15,000 (Rupees Fifteen Thousand), INR 349 (Rupees Three Hundred and Forty-Nine) per Lead; and (c) where the quoted price is INR 15,000 (Rupees Fifteen Thousand) or more, INR 699 (Rupees Six Hundred and Ninety-Nine) per Lead. The Lead Fee is exclusive of goods and services tax, which shall be charged in addition at the rate applicable from time to time, being 18% (eighteen percent) as at the date of these Terms of Use.
8.14
The Lead Fee in respect of a Lead is determined at the time the Buyer raises the Lead, by reference to the band applicable to the quoted price at that time. Any subsequent revision to the bands set out in Clause 8.13 shall not affect a Lead already raised.
8.15
The Lead Fee is earned by the Company upon a Lead being raised, and is payable in respect of each Lead irrespective of whether the Buyer subsequently makes payment, whether You and the Buyer conclude the sale, whether You cancel or decline the Lead, and whether the Product is ultimately delivered, returned or refunded. What the Company provides in consideration of the Lead Fee is the introduction of a prospective Buyer and the means to transact with that Buyer, and the Company does not represent or guarantee that any Lead will result in a concluded sale.
8.16
The Company shall raise a single invoice in respect of all Leads generated during a Show, upon that Show ending, and shall issue a valid tax invoice to You in respect of the amounts so charged.
8.17
Prior to hosting Your first International Show, You shall register, and shall thereafter maintain, a valid electronic mandate in favour of the Company through the Payment Gateway authorising the Company to debit the Lead Fees and applicable taxes as and when they fall due. You shall ensure that such mandate remains valid and unrevoked, and that the underlying payment instrument remains sufficiently funded, for so long as You offer Products through International Shows.
8.18
Where a debit under Clause 8.17 does not succeed, the relevant invoice shall stand unsettled and the Company shall be entitled, without prejudice to any other right or remedy available to it, to withhold Your access to Leads (including Buyer contact and delivery details) and to prevent You from accepting further Leads, until the outstanding amount together with applicable taxes has been settled in full.
8.19
The Company may revise the Lead Fee bands set out in Clause 8.13 prospectively upon prior notice to You. Your continued hosting of International Shows on or after the effective date of such revision shall constitute Your acceptance of the revised bands.
9Order Fulfilment, Shipping and Delivery
9.1
Shipping of Products from You to the Buyer shall be arranged by the Platform through the Shipping Partner (presently Shiprocket) or such other logistics service provider as the Company may engage from time to time. The use of the Shipping Partner’s services shall be subject to such Shipping Partner’s terms of service. All fulfilment of orders concluded through the Platform shall be routed exclusively through the Platform’s designated Shipping Partner. You shall not use, or arrange for, any other logistics, courier or delivery service provider for the dispatch or delivery of any Product sold through the Platform.
9.2
You shall ensure that each Product is properly and securely packaged in accordance with the packaging standards communicated by the Company and/or the Shipping Partner from time to time, and that the Product is handed over to the Shipping Partner for pick-up within a maximum period of 2 (two) days from the conclusion of the relevant Auction / declaration of the Winning Bid (or such shorter timeline as the Platform may specify). Estimated delivery timelines, packaging standards and transit liability shall be communicated through the Platform from time to time. Estimated delivery timelines are indicative only and are not guaranteed. The Company shall not be liable for delays caused by Force Majeure events, the acts or omissions of the Shipping Partner, customs or regulatory clearances, or other causes beyond the reasonable control of the Company.
9.3
Risk of loss or damage to the Product shall pass to the Buyer upon successful delivery of the Product to the address designated by the Buyer.
9.4
Where shipping charges are payable, You shall have the option to either offer free shipping or to require the Buyer to bear the shipping cost. The applicable shipping arrangement shall be displayed at the time of Bidding. The Platform shall in no event bear any shipping cost.
10Returns, Refunds and Cancellations
10.1
You are obligated to accept a return request under Clause 10.2.
10.2
A Buyer may raise a return request within a period of 48 (forty-eight) hours from the date of delivery of the Product only on the ground that (a) the Product delivered is damaged; or (b) a wrong Product/size has been delivered. You shall be obligated to accept a return request raised on either such ground.
10.3
Refunds, where applicable, shall be processed through the Payment Gateway to the original payment instrument used by the Buyer. Where a return is accepted by You on the ground of a damaged or wrongly delivered Product, the Buyer shall receive a full refund of the amount paid, without any deduction; the applicable Commission and the return shipping charges in respect of such return shall be borne by You and shall be recovered in accordance with Clause 8.11. The timeline for processing of refunds shall be in accordance with the timelines of the Payment Gateway and shall be without prejudice to the Buyer’s rights under Applicable Laws.
10.4
Where a Winning Bid is cancelled by You pursuant to Clause 7.5, or where a return or refund is accepted by You, the amount held in the Escrow Account shall be released to the Buyer in accordance with the timelines of the Payment Gateway.
10.5
You acknowledge and accept that the Company’s role in any return, refund or cancellation is limited to that of an intermediary facilitating communication between You and the relevant Buyer.
11Escrow Withholding and Buyer-Seller Disputes
11.1
The Company may withhold the release of funds from the Escrow Account where a Buyer raises a return or refund request, or where a dispute is raised by a Buyer or by You in connection with a Product, until such time as the dispute is resolved between You and the Buyer.
11.2
The Company shall, on a best-effort basis, facilitate the resolution of disputes between Buyers and Sellers through the in-app communication and grievance mechanisms made available on the Platform. The Company is not obligated to act as an arbitrator and shall not be liable for the outcome of any such dispute.
11.3
Where a dispute remains unresolved despite reasonable efforts, the Company reserves the right, at its sole discretion, to take such action as it deems appropriate in accordance with Applicable Laws, including releasing or reversing funds from the Escrow Account.
12Live Recordings, Photographs and Marketing Use
12.1
By hosting any Auction or live stream on the Platform, You expressly acknowledge, consent and agree that the entirety of the live Auction shall be recorded and stored by the Company. Such Live Recordings may include, without limitation, audio-visual recordings of the live stream, photographs, profile pictures, chat messages, comments and other content generated during the Auction.
12.2
You hereby grant the Company a worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right and licence to use, reproduce, store, host, display, distribute, modify, adapt, publish, translate, create derivative works from, broadcast, transmit, communicate to the public and otherwise exploit the Live Recordings, in any media now known or hereafter devised, for the following purposes:
12.2.1
powering the live auction experience and enabling real-time interaction on the Platform;
12.2.2
marketing, promotion, advertising and publicity of the Platform, the Company, the Services, Your shop and the Products, including through the Platform itself and through any social media platform (including without limitation Facebook, Instagram, YouTube, X (formerly Twitter) and other channels);
12.2.3
resolving Buyer-Seller disputes and “not-as-described” Product claims; and
12.2.4
training, quality assurance, internal record-keeping and compliance with Applicable Laws.
12.3
You expressly acknowledge and agree that, notwithstanding any deletion of Your Account or withdrawal of consent, Live Recordings, photographs, videos or other content that have already been published, broadcast, shared or otherwise made available in the public domain (including on external social media platforms or as part of the Company’s promotional and marketing materials) may continue to remain in the public domain and the Company shall not be obliged to remove or recall such content, save as may be required under Applicable Laws. The Company shall, however, cease further use of such content for marketing purposes upon receipt of a valid request from You, subject to Applicable Laws.
12.4
You shall not include in any live stream, chat or comment any content which is unlawful, obscene, defamatory, abusive, threatening, harassing, infringing of intellectual property rights, or otherwise objectionable. The Company reserves the right to take down or restrict access to any such content in accordance with Applicable Laws and to terminate Your Account.
13Communication and Notifications
13.1
By creating an Account and using the Platform, You consent to receive communications and notifications from the Company, its vendors, service providers and authorised third parties. Such communications may be sent through email, WhatsApp, in-app notifications and social media channels.
13.2
Notifications may relate to the launch of new shows or Auctions, service-related alerts, order confirmations, shipping updates, transactional messages, security alerts, promotional offers, marketing campaigns and any other matter relating to the Platform or the Services.
13.3
You acknowledge and agree that notifications on the Platform are not user-customisable, save as may be expressly provided through the Platform settings from time to time. By using the Platform, You agree to receive all such notifications. The Company does not presently send notifications by SMS.
13.4
Notwithstanding the foregoing, You may exercise Your rights in respect of communications by:
13.4.1
clicking the “unsubscribe” link, where available, in promotional email communications; or
13.4.2
contacting the Company through the in-app grievance / contact-us feature or through the contact details set out in Clause 26.
13.5
Withdrawal of consent in respect of marketing or promotional communications shall not affect transactional or service-related communications that are necessary for the Services, customer support or compliance with Applicable Laws. The Company shall give effect to any valid withdrawal of consent within a reasonable timeframe in accordance with Applicable Laws.
13.6
You shall indemnify and hold harmless the Company and its email and notification service providers (including their officials) from any damages, claims, demands, proceedings, losses, costs and expenses whatsoever including legal charges and attorney’s fees, which the Company or such service providers may incur as a consequence of:
13.6.1
any misuse or fraudulent provision of information by You; or
13.6.2
the provision by You of an incorrect telephone number, email address or other contact information.
14Cookies
For details of the use of Cookies, please refer to our Privacy Policy / Cookie Policy available at this link.
15Intellectual Property Rights
15.1
All Intellectual Property Rights in and to the Platform, including without limitation the Platform’s design, look and feel, source code, object code, layout, software, technology, algorithms, the auction and bidding mechanics, trademarks, service marks, trade names, logos, domain names, content, photographs, videos, illustrations, audio, audio-visual content, written descriptions and other materials, are owned by the Company or its licensors.
15.2
The Company grants You a limited, non-exclusive, non-transferable, revocable licence to access and make use of the Platform solely for the purposes of listing Products, hosting Auctions and providing the related seller services contemplated in these Terms of Use.
15.3
Access to or use of the Platform shall not, expressly or by implication, confer upon You any right or licence to use the Company’s Intellectual Property Rights, save as expressly granted in these Terms of Use.
15.4
You shall not download, copy, distribute, create derivative works from, modify, reverse engineer, reverse assemble, decompile or otherwise attempt to discover the source code of, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Platform or any portion thereof.
15.5
You shall not use the Company’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features, or remove, obscure or alter any proprietary rights notices (including trademark and copyright notices) which may be affixed to or contained on the Platform.
15.6
You retain ownership of the intellectual property rights in Your own Products (including product designs, brand names and packaging). You hereby grant the Company a worldwide, royalty-free, non-exclusive, sub-licensable and transferable licence to use, reproduce, store, host, display, distribute, modify, adapt, publish, translate and create derivative works from such intellectual property rights (and the related Product images, descriptions and other materials uploaded by You) to the extent necessary to operate the Platform, provide the Services and use the Live Recordings in accordance with Clause 12. This licence shall survive the deletion of any individual Product listing for so long as the Live Recordings referencing such Product remain in use in accordance with Clause 12.
15.7
You represent and warrant that You have all necessary rights, titles and consents to grant the licence set out in Clause 15.6, and that the use of Your Product images, descriptions and related materials by the Company in accordance with these Terms of Use does not and shall not infringe the intellectual property or other rights of any third party.
15.8
You shall not use any user-generated content, including any Buyer review or other Seller content, without the prior written consent of the Company and (where applicable) the relevant User.
15.9
This Clause 15 shall apply in perpetuity.
16Third Party Sites, Vendors and Services
16.1
The Platform may make available third-party services, including without limitation the Payment Gateway, the Shipping Partner, KYC verification agencies, social login providers (Facebook, Google and Apple ID) and social media platforms used for broadcasting. The use of such third-party services may require You to accept additional terms and conditions imposed by the relevant third party.
16.2
The Company does not exercise control over any third-party website, application or service and does not warrant or guarantee any use thereof. You acknowledge that the Company is not responsible or liable for the content, privacy practices, security or availability of any third-party website, application or service.
16.3
You shall be solely responsible for any loss or damage of any kind incurred as a result of Your interactions or transactions with any such third party. Any questions, complaints or claims related to any third-party service should be directed to the appropriate third party.
16.4
Any interaction with any third party accessed through the Platform shall be at Your sole risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any damages or expenses resulting from such interactions.
17Forbidden Uses and Seller Conduct
The following uses of the Platform are expressly prohibited and You agree and undertake not to engage in any of the following activities:
17.1
reselling the Platform, the Services or the Products in a manner not contemplated by these Terms of Use, or diverting Buyers to off-Platform channels in order to circumvent the payment, escrow or commission mechanism of the Platform;
17.2
providing false data, including false names, addresses, business credentials, KYC documents and contact details, or making fraudulent use of credit/debit card numbers, net banking, UPI or any other mode of payment;
17.3
attempting to circumvent the Platform’s security or network, including but not limited to accessing data not intended for You, logging into a server or Account You are not authorised to access, or probing the security of other networks (such as running a port scan);
17.4
accessing the Platform in such a way as to, or committing any act that would, impose an unreasonable or disproportionately large burden on the Platform’s infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
17.5
executing any form of network monitoring that intercepts data not intended for You;
17.6
entering into fraudulent interactions or transactions with the Company (including transactions purportedly on behalf of a Third Party where You have no authority to bind such Third Party);
17.7
using the Platform in breach of this Agreement or engaging in any unlawful or criminal activity in connection with the use of the Platform;
17.8
copying or using any user content, including unauthorised use or reproduction of User reviews, Live Recordings or other Sellers’ content, for any purpose whatsoever;
17.9
engaging in any act that hampers the goodwill and brand reputation of the Company or the Platform, or any Buyer or other Seller registered on the Platform;
17.10
manipulating or attempting to manipulate any Auction, including by way of shill bidding (whether through Your own Account or through any Account operated by a relative, employee, agent or other related person), collusion, fraudulent bidding or use of automated bots or scripts;
17.11
listing or offering for sale through the Platform any goods that are prohibited or restricted under Applicable Laws, including but not limited to narcotic substances, weapons, counterfeit goods, hazardous materials, or any goods infringing third-party intellectual property rights; and
17.12
soliciting, advertising or performing any commercial, religious, political or non-commercial activity through the Platform, including the solicitation of Users of the Platform to become users of other online or offline services directly or indirectly competitive with the Company.
Any conduct by You that, in the Company’s sole discretion, is in breach of these Terms of Use, or which restricts or inhibits any other User from using or enjoying the Platform, is strictly prohibited. The Company reserves the right to prevent You from using the Platform and to prevent You from hosting any Auction if Your conduct is in question or in contravention of these Terms of Use.
18Representations and Warranties
18.1
You shall not post, submit, upload, distribute or otherwise transmit or make available any software or other computer files, via email, review, post, live stream, chat or any other form of communication available on the Platform, that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or interfere with any person’s or entity’s use or enjoyment of the Platform.
18.2
You shall not engage in any form of antisocial, disrupting or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing, as those terms are commonly understood and used on the internet.
18.3
You represent and warrant that You are competent to enter into this Agreement and any other agreement with the Company and to perform in terms hereof.
18.4
You additionally represent and warrant that:
18.4.1
You have good and marketable title to each of the Products listed by You on the Platform, and have full right, power and authority to sell each such Product;
18.4.2
the Products listed by You, and the listing, sale, packaging, labelling, marketing and shipment thereof, do not infringe any third-party intellectual property right or other right;
18.4.3
the listing and sale of such Products through the Platform is not in violation of any Applicable Law, and You hold all necessary licences, registrations, permits, consents and approvals required under Applicable Laws to list and sell such Products;
18.4.4
the Products are not counterfeit, prohibited, restricted, hazardous or otherwise unfit for sale to consumers; and
18.4.5
all information provided by You, including KYC information, Product descriptions, images, pricing and stock information, is true, complete, accurate and not misleading.
19Privacy Policy
Please read the Privacy Policy to understand how We handle Your information – available at this link.
20Consent and Withdrawal of Consent
You may withdraw Your consent at any time in accordance with the procedure set out in the Privacy Policy.
21Confidentiality
21.1
You acknowledge that, in the course of Your relationship with the Company and in using the Platform, You may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, without limitation, the features and mode of operation of the Platform, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms (including bid-processing and ranking algorithms), schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analyses, performance information, benchmarks, software documents, Commission rates, and other technical, business and product plans and data.
21.2
You shall not use, except as expressly authorised by this Agreement, or disclose Proprietary Information without the prior written consent of the Company, unless such Proprietary Information becomes generally publicly available without Your breach of this Agreement. You agree to take reasonable measures to maintain the Proprietary Information in confidence.
21.3
This Clause 21 shall apply in perpetuity.
22Limitation of Liability and Indemnity
22.1
To the maximum extent permitted by Applicable Law, in no event shall the Company, its employees, directors, officers, agents or suppliers be liable to You for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damage that may arise from or in relation to these Terms of Use, the Platform or the use of the Services, including without limitation loss of profits, loss of business, loss of goodwill, loss of data or any other intangible loss.
22.2
You agree to indemnify and hold harmless the Company and its employees, directors, officers, agents and suppliers from and against all liabilities, claims, damages, suits, proceedings and legal expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) Your use or misuse of the Platform; (b) Your breach of these Terms of Use or any Applicable Law; (c) any act, omission, negligence, misconduct or fraud on Your part; (d) any infringement of any third-party right, including any intellectual property right or privacy right, arising out of any content, Product or material uploaded, transmitted, shared or sold by You through the Platform; (e) any defect in, or non-conformity, mis-description, mislabelling or unsafe nature of, any Product sold by You; and (f) any claim brought by any Buyer, governmental authority or other third party in relation to any Product sold by You or any Auction hosted by You.
22.3
You warrant that all details and information provided by You to the Company while using the Platform shall be correct, accurate and genuine.
22.4
While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
22.4.1
any lack of authorisation for any transaction;
22.4.2
any payment issue arising out of any transaction;
22.4.3
any illegitimacy of the payment method (credit/debit card frauds etc.) used by any Buyer; or
22.4.4
decline of a transaction for any other reason.
22.5
Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or fraud in respect of any Product listed on the Platform. The Platform shall not be responsible for any damages, interest or claims arising from any failure to process a transaction.
23Disclaimers
YOU AGREE AND UNDERSTAND THAT, ALTHOUGH THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTIONS, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION OR CONTENT INCLUDED ON THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED. WE DO NOT WARRANT OR REPRESENT THAT THE PLATFORM, ITS SERVERS, OR ANY EMAIL OR OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTIONS, COMMUNICATIONS, DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDER (INCLUDING BUYERS, THE PAYMENT GATEWAY AND THE SHIPPING PARTNER) IN RESPECT OF ANY SERVICES OR PRODUCTS ARE SEPARATE AND INDEPENDENT TRANSACTIONS BETWEEN YOU AND SUCH THIRD-PARTY PROVIDER, WITHOUT ANY LIABILITY ACCRUING TO OR ON THE COMPANY FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. YOU EXPRESSLY AGREE TO HOLD HARMLESS THE COMPANY IN RESPECT OF ANY COST, CLAIM, DAMAGE, LOSS OR EXPENSE ACCRUED, SUFFERED OR INCURRED ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALING OR TRANSACTION. YOU ACKNOWLEDGE THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAY NO DETERMINATIVE ROLE IN THE PERFORMANCE THEREOF.
WE DO NOT WARRANT, ENDORSE, REPRESENT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, OFFERED OR LISTED BY YOU OR ANY OTHER SELLER OR THIRD-PARTY PROVIDER. AS WITH THE PURCHASE OR SALE OF A PRODUCT THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE APPROPRIATE CAUTION.
24Suspension and Termination
24.1
The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your use of the Platform or any of the Services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity, violation of these Terms of Use, failure or expiry of KYC verification, or violation of any other policy that the Company may publish from time to time.
24.2
Any suspected fraudulent, abusive or illegal activity may be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies that the Company may have at law or in equity.
24.3
Upon termination or deletion of Your Account, the Company shall, subject to Applicable Laws and the Privacy Policy, scrub and delete Your Personal Information, transactional history, in-app chats and escrow logs from its systems.
24.4
Upon termination, You agree to immediately cease using the Services offered through the Platform.
25Force Majeure
If the whole or any part of the performance of these Terms of Use is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these Terms of Use, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitation, unavailability of any communication system, breach of or virus in any digital process, payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, pandemic, epidemic, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning of computer terminals or the systems being affected by any malicious, destructive or corrupting code or program, mechanical or technical errors or failures, power shutdowns, faults or failures in telecommunications or failure of the Payment Gateway or Shipping Partner.
26Grievance Redressal and Support Services
If You have any grievance, complaint, question, comment, concern, or feedback regarding the Products, or any issue related to Persosnal Information or other matters connected thereto, You may email us at ****** or contact us using the information provided below.
The name and contact details of the Grievance Officer are as follows:
Name: Prabhu Nath Singh
Designation: Grievance Officer, Sellgolive Private Limited
Email: info@sellgolive.com
Phone: +919211224805
Address: C-1791, Sushant Lok Phase 1, Gurugram, Galleria DLF-IV, Haryana, India – 122009.
27Notices
27.1
Any notice, communication or legal demand which the Company is required or chooses to send You under these Terms of Use shall be delivered through one or more of the following methods: (a) by email to the email address associated with Your Account; (b) by a banner, pop-up, in-app notification or WhatsApp message; or (c) by a prominent posting on the Platform. Notices sent by email shall be deemed received 24 (twenty-four) hours after the email is sent, unless the Company receives notice that the email address is invalid. Notices posted on the Platform shall be deemed received on the date they are first published.
27.2
You are responsible for keeping Your registered email address and contact details current. The Company shall not be liable for failed delivery of notices resulting from an outdated or incorrect email address or phone number on Your Account.
28Modification and Amendment
28.1
The Company reserves the right to make changes to the Platform, related policies and agreements, these Terms of Use and the Privacy Policy at any time, prospectively, including to comply with changes in Applicable Laws, to correct inaccuracies, omissions, errors or ambiguities, to reflect changes in the process flow, scope and nature of the Services, or in response to company reorganisation, market practice or customer requirements. It shall be Your responsibility to check these Terms of Use periodically for changes.
28.2
Upon any change, the Company shall notify the updated Terms on the Platform or by such other means as it considers appropriate. The Company may require You to provide Your express or implied consent to any material update before further use of the Platform. If no such separate consent is sought, Your continued use of the Platform shall constitute acceptance of the changes.
28.3
The Company reserves the right to discontinue or suspend, temporarily or permanently, any feature of the Platform or any Service, by giving reasonable prior notice on a best-effort basis (unless the change is merely to certain features or contents or is intended to maintain the security and integrity of the Platform). You agree that the Company shall not be liable to You for any modification or discontinuance of any feature or Service.
29Governing Law and Dispute Resolution
These Terms of Use shall be governed, interpreted and construed in accordance with the laws of India, without regard to the conflict of law provisions thereof. Subject to Clause 11 (Escrow Withholding and Buyer-Seller Disputes), any dispute, controversy or claim arising out of or in connection with these Terms of Use or the use of the Platform shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
30Miscellaneous
30.1
Severability: If any provision of these Terms of Use is declared by any judicial or other competent authority to be void, voidable or illegal, the remaining provisions shall continue to apply, unless the parties agree that the effect is to defeat the original intentions of the parties, in which case this Agreement shall terminate immediately and neither party shall have any claim against the other in respect of such termination.
30.2
Waiver: No failure or delay by either party to exercise any right or remedy arising under or in connection with this Agreement shall act as a waiver of or otherwise prejudice or restrict the rights of that party in relation to that action or any other contemporaneous or future action.
30.3
Assignment: You shall not assign or transfer Your rights or obligations under these Terms of Use without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms of Use to any affiliate or to any third party in connection with a merger, acquisition, reorganisation or sale of all or substantially all of its assets.
30.4
No Agency: Nothing in these Terms of Use shall be construed as creating any partnership, joint venture, agency or employment relationship between the Company and You, or between You and any Buyer (other than the contract of sale concluded between You and the Buyer in respect of a Product).
31Entire Agreement
These Terms of Use, together with the other guidelines, rules, terms, conditions and policies of the Platform, including the Privacy Policy and any other arrangement or agreement in relation to the Platform, constitute the entire agreement between You and the Company in relation to Your use of the Platform as a Seller, and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between You and the Company pertaining to the subject matter hereof.
32Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including without limitation clauses relating to Limitation of Liability, Indemnity, Disclaimers, Intellectual Property (including the licence granted under Clause 15.6), Confidentiality, the licence granted in respect of Live Recordings, Tax Obligations, Dispute Resolution and Governing Law and Jurisdiction. Further, any provision of this Agreement which by implication is intended to survive the termination of this Agreement shall survive such termination. Termination of this Agreement shall not abate any cause of action that has accrued to the parties prior to such termination.
By clicking “I Accept”, registering an Account, listing a Product, hosting an Auction or otherwise using the Platform as a Seller, You confirm that You have read, understood and agreed to these Seller Terms of Use.