Thank you for reading these Sellback Terms & Conditions, please read them carefully before using the Sellback Site and Services. Through the Sellback website www.sellback.in (the "Site"), and App on Playstore and Apple Appstore and via other means, UPR e-Commerce Pvt. Ltd. (doing business as "Sellback") provides a marketplace and platform for consumers and organizations to sell their used, unwanted and other items, and conduct other transactions and activities, with UPR e-Commerce/third-party companies and other entities and persons (the "Third Parties"). The Sellback marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services"). By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by Sellback from time to time, with or without notice to you. Please check this page regularly for updates to the Sellback Terms & Conditions.
Sellback acts as a platform to allow users who comply with Sellback's policies to sell certain goods. Sellback may/may not be directly involved in the transaction between buyers and sellers. As a result, and as described below in Section 4, Sellback cannot control any aspect of your sales and transactions with Third Parties and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
Sellback authorizes you to access, view and use the Site content and software (collectively, the "Sellback Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Sellback Property. You may not engage in systematic retrieval of data or other content from the Sellback Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Sellback Property, or any portion of the Sellback Property, is strictly prohibited without the prior written permission of Sellback.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the Sellback Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
Except as otherwise indicated, all materials in the Site, including without limitation the Sellback logo, Sellback Logo and other Sellback and Sellback trademarks and service marks, are the property of UPR e-Commerce Pvt. Ltd. and/or its affiliates or licensors, including the Third Parties, and are protected by international/Indian copyright and trademark laws, all rights reserved.
The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to Sellback's Services. Sellback presents information from Third Parties through the Sellback Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information ("Third Party Information"). Sellback cannot control, and is not responsible for the accuracy of any Third Party Information.
You conduct your actual sales and other transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with Sellback. Sellback cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them. At times, the Sellback Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to the Sellback Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by Sellback of the Additional Sites.
The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Sellback does not verify nor make any warranty or representation about the content, accuracy, opinions expressed warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
We warrant that the Services and Sellback Property will conform substantially to the descriptions set forth on the Site. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and Sellback's sole and exclusive liability, shall be (at Sellback's option) to remedy the failure or to refund the monetary amount paid for the services by the Customer, if any. Except as set forth in the foregoing sentence, we make no representations or warranties of any kind regarding the Services or the Sellback Property. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND Sellback PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR Sellback PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE Sellback PROPERTY. No advice or information, whether oral or written, obtained not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR Sellback PROPERTY, EVEN IF Sellback HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, Sellback's MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE Sellback PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer agrees to indemnify and hold Sellback, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Sellback reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Sellback. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You and Sellback agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of Republic of India, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the courts located in New Delhi. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, "including" means "including but not limited to." If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and Sellback regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
By submitting any Sellback contact form, you understand that you may be contacted by a Sellback representative or a representative from the partner you've chosen.
You may be contacted via telephone, email, text, or pre-recorded message regarding Sellback programs, offers, events, announcements, and offers from Sellback's third party marketing partners. If you respond to any such offer, your information will be subject to that third party's terms and conditions.
By providing us your phone number, you grant Sellback permission for the use of text messages, pre-recorded voice or and/or automatic telephone dialling systems to contact you and/or deliver Sellback related information, offers or announcements.
You also agree that Sellback may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from Sellback email messaging at any time.
Effective Date of Terms: 01/01/2016.