This agreement constitutes a legally binding agreement between Licensee and SellerSetu Private Limited . You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to SellerSetu.
Notwithstanding anything contained in the foregoing, this Agreement will not bind SellerSetu unless you meet the eligibility criteria for entering into this Agreement as set forth in Section 2 of this Agreement.
The terms “we”, “us”, or “our” shall refer to SellerSetu, The terms “you”, “your”, “seller”, “licensee” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
SellerSetu Platform
The domain name SellerSetu.in, including the related subdomains, mobile site and mobile applications as well as the Seller Dashboard (hereinafter referred to as “Platform”) is owned and operated by SellerSetu.
Eligibility
The use of SellerSetu platform, software and services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the eligibility to enter into an agreement and the authority to bind the entity to this Agreement. SellerSetu uses many techniques to verify the accuracy of the information you provide when you register on the SellerSetu™ Site. If for any reason, SellerSetu, in its sole discretion, believes such information to be incorrect, it reserves the right to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.
Eligibility and Account Creation.
To be eligible to sell products and/or services through the Platform, the Seller must create an account on the Platform and provide all requested information. The Company reserves the right to reject any account application for any reason, in its sole discretion.
The Seller agrees to keep its account information up to date and accurate, and to promptly notify the Company of any changes.
Seller Obligations
You shall ensure that all the products listed by you on the Platform comply with applicable laws and regulations e.g. Legal Metrology Rules. You shall be solely responsible for the accuracy and completeness of the product listings.
You shall ensure that the products listed by you are in stock and available for sale. In case any product listed by you is out of stock, you shall remove the listing from the Platform promptly.
You shall be responsible for shipping the products to the customers in accordance with the delivery timelines specified on the Platform. You shall ensure that the products are packaged in a safe and secure manner and delivered to the customers without any damage.
You shall be solely responsible for all taxes, duties, and other levies applicable to the sale of your products. You shall also be responsible for obtaining all necessary licenses and permits for selling your products on the Platform.
You shall ensure that you have all necessary rights, licenses, and permissions to list and sell the products on the Platform.
You shall maintain accurate and complete records of all transactions and sales made through the Platform. You shall provide such records to SellerSetu.in upon request.
You shall not engage in any fraudulent or deceptive practices while using the Platform. You shall not misrepresent the quality, nature, or authenticity of the products listed by you on the Platform.
Intellectual Property
The Seller grants the Company a non-exclusive, royalty-free, sublicensable, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or materials provided by the Seller for use on the Platform.
The Seller represents and warrants that it owns or has the necessary licenses, rights, consents and permissions to use and authorize the use of any content or materials provided by the Seller for use on the Platform. The platform has the right but not the obligation to monitor or edit or remove any content.
Fees and Payment.
(a) The Seller agrees to pay the Company all fees associated with the sale of its products and/or services on the Platform, as set forth in the Company's policies and procedures.
(b) The Company will remit payment to the Seller for sales of its products and/or services on the Platform, less any applicable fees, in accordance with the Company's policies and procedures.
Shipping and Delivery
SellerSetu offers its sellers off network delivery through delivery partners and also gives the flexibility to the sellers to complete the delivery by themselves.
Timely Delivery: The Seller agrees to ship and deliver its products to customers in a timely and professional manner, in accordance with the Company's policies and procedures.
Shipping Charges: The Seller is responsible for all shipping and delivery costs associated with the sale of its products on the Platform, unless otherwise agreed to in writing by the Company.
Additional charges: The user on its behalf shall keep SellerSetu™ indemnified against all duties, taxes, Octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments. In event of such charges being levied by any government authority, the same can be claimed from the user against the challan /respite of the same. User shall keep SellerSetu™ indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
Statutory Requirements: The user will be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to booking, sale and transportation of the shipments carried and delivered by the logistics partners of SellerSetu™ in pursuance of this agreement.
Banned Items: User shall agree that you will not book / handover to courier person any good which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws or contains any cash, jewellery (excluding artificial jewellery), gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, letters and financial and security instruments and Service Provider shall not be liable for the Delivery of any such products. In the event User hands over or provides the aforesaid products to the SellerSetu™ then SellerSetu™ shall not be responsible and shall not be liable for any loss, damage, theft or misappropriation of such products even if service provider or delivery personnel has the knowledge of the same and even if such loss, damage, theft or misappropriation is caused due to any reason attributable to service provider or delivery personnel. User shall be fully responsible for any third party damages caused due to transport of banned items.
Weight: You agree that freight is calculated on the basis of volumetric weight or actual weight whichever is higher. Dead/Dry weight or volumetric weight whichever is higher should be taken while calculating the rates. In case declared weight differs and is less than actual weight shipping charges will be revised to actual weight. Volumetric weight is calculated as (length × width × height) / (dimensional factor). Dimensional factor varies from 2700 to 5000 cm3/kg as stated by respective logistics partner.
Insurance: User understands, agrees and acknowledges that SellerSetu through its logistics partners is a mere bailee of the Products, cash and is not an insurer of the same. User hereby expressly and specifically waives all its rights and claims against SellerSetu and its logistics partners arising out of or in relation to the principles of insurance.
Reverse Pickups:
“Reverse Pickup” means collection of the Products by Service Provider from the Customer’s address as specified by the User and the delivery of such products at a location mutually agreed between the Parties.
User shall agree that in case of a reverse pickup of orders, it shall be your responsibility, in case a reverse pick up is requested by the end customer the same shall be charged reverse freight charges which are equal to the delivery freight charges as mentioned in the SellerSetu™rate card.
The SellerSetu and SellerSetu’s logistics partners shall not be responsible for verifying the contents of the products handed over by the Customer to it delivery Personnel. The Packaging of such products shall also be the sole responsibility of the Customer. The Packaging should be good enough to ensure no damage in transit. The sole responsibility of the contents of the packed consignment shall lie with the end customer. The SellerSetu and SellerSetu’s logistics partners shall be, in no way, responsible for any shortage or damage of such consignments unless the same is caused solely due to the gross negligence of the Service Provider.
It is the responsibility of the User that on receipt of the shipment initiated through reverse pickup, share the AWB number on which the logistics partner has delivered the shipment
Return or RTO of Products:
SellerSetu reserves the right to returned to the User, the products which are not accepted by the Customer due to failure of COD, failed delivery or any other reason whatsoever, at the location(s) as specified by the User.
SellerSetu reserves the right to apply the RTO (return to origin) charges same as the agreed shipping rates.
User shall agree that the returns will be initiated by the logistics partners for all products which are not accepted by the Customer for any reason whatsoever. You will ensure that such products are accepted at the location(s) specified by you and share the Airway bill number against which the shipment returned to the User/User.
In case of non-acceptance of the RTO shipment by the User, SellerSetu reserves the right to levy suitable demurrage charges for extended storage of such products for any period exceeding 7 (seven) Business days from initiation of the Returns and up to 45 (Forty Five) days from such date. In case of non-acceptance of the products beyond 45 (forty five) days, SellerSetu has the right to dispose such products and the User will forfeit all claims in this regard towards the SellerSetu.
Refusal or Rejection of Shipments We reserve the right to refuse, hold or return any shipment and may do so in our sole discretion and without liability to us. We will execute that right when (but not limited to) cases in which: (1) the shipment may cause damage or delay to other shipments, property or personnel, (2) the shipment is likely to sustain damage or loss in transit because of improper packaging or otherwise, (3) the shipment contains any prohibited items, (4) the account of the person or entity responsible for payment is not in good credit standing, or (5) when acceptance of the shipment may jeopardize our ability to provide service to other customers. We have no liability whatsoever for refusal or rejection of shipments.
Said To Contain Basis & Inspection: It is expressly understood by and between the Parties that all Products agreed to be delivered by SellerSetu or its logistics partners are on “SAID TO CONTAIN BASIS” i.e. SellerSetu or its logistics partners shall be under no obligation and is not expected to verify the description and contents of the Products declared by the User on the docket and as such, the User shall undertake and ensure to make proper, true, fair, correct and factual declaration on the docket regarding description and value of Products. Further, the Service Provider is not responsible in any way whatsoever for the usability of the Product.
Liability: Notwithstanding anything contrary contained in this Agreement, the maximum liability for any shipment process through SellerSetu Platform is INR 1000 or whatever compensation the logistics partner offers to SellerSetu in event of a claim by the User, provided such claim is raised by the User within one (1) month from the date of such damage or loss or theft. Any claims by the User should be submitted along with the copy of the signed shipping manifest.
Customer Service.
(a) The Seller agrees to provide prompt and courteous customer service to customers who purchase its products and/or services through ONDC, in accordance with the Company's policies and procedures.
(b) The Seller agrees to promptly respond to any customer inquiries, complaints or disputes, and to work with the Company to resolve any such issues in a timely and satisfactory manner.
Termination.
(a) Either party may terminate this Agreement at any time, for any reason or no reason, upon written notice to the other party.
(b) Upon termination of this Agreement, the Seller agrees to immediately cease all use of the Platform and remove all listings of its products and/or services from the Platform.
Indemnification
The seller agree to indemnify and hold SellerSetu, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Licensee's breach of the User Agreement or the documents it incorporates by reference, or Licensee's violation of any law or the rights of a third party.
Limitation of Liability
In no event shall SellerSetu, its suppliers, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence). SellerSetu', its suppliers', and service providers', cumulative liability, and the liability of their officers, directors, employees, contractors and agents to Licensee or any third parties in any circumstances shall be limited to payment received by SellerSetu for that particular service or month. There is no warranty in respect of the Platform, Software or Services.
Force Majeure
Neither party shall be held liable for any failure or delay in the performance of any obligations under this agreement, if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government regulations, embargoes, strikes, labor disputes, or any other similar event (collectively referred to as 'Force Majeure Event').
However, the party affected by the Force Majeure Event shall make reasonable efforts to mitigate the impact of such event and resume the performance of its obligations as soon as practicable.
Applicable Law
These terms under this agreement are governed and construed in accordance with the Laws of Union of India. Licensee hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Mumbai, India, in all disputes arising out of or relating to the use of the SellerSetu's products/sites/services. Use of the SellerSetu™ software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Licensee agree to indemnify and hold SellerSetu, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of Licensee's use of or conduct on the SellerSetu's products/sites/services. Licensee agree that SellerSetu has absolute authority to modify or change the terms and conditions of the agreement without Licensee's consent and the modified terms and conditions can be kept in SellerSetu™ website and no separate notice is required to be issued to Licensee. Any dispute relating in any way to your visit to this site and use of platform shall be submitted to the exclusive jurisdiction of the courts at Mumbai, India.