Terms of Service

2. Role as Intermediary (Critical Clause)

The Platform qualifies as an "intermediary" under the Information Technology Act, 2000 and:

3. User Classification

3.1 Consumers (B2C)

Non-commercial users engaging in personal purchases and sales.

3.2 Business Users (B2B / B2C)

Entities engaging in commerce through the platform, including both business-to-business and business-to-consumer transactions.

3.3 SaaS Clients

Businesses using platform infrastructure through white-label solutions or API access.

4. Mandatory KYC & Seller Due Diligence

India E-Commerce Rules Compliance

As per Consumer Protection (E-Commerce) Rules, 2020, sellers must provide:

• Legal name
• Business address
• GSTIN
• Contact details

Platform Obligations

We are obligated to:

• Display seller details
• Enable grievance redressal
• Verify seller information
• Maintain platform security

5. Electronic Contracting

Users agree that:

• Click-wrap agreements are legally binding
• Electronic records are valid under IT Act, 2000
• Electronic records are valid under UNCITRAL Model Law

6. Payments & Settlements

Payment Processing

Payments are processed via RBI-compliant entities through secure third-party payment processors (Razorpay, Google Play).

Platform Operations

Platform may operate:

• Escrow model for transaction security
• Nodal accounts (as per RBI guidelines)
• Risk controls and fraud monitoring

Platform Rights

We may:

• Delay settlements for investigation
• Freeze funds for fraud investigation
• Cooperate with law enforcement

7. Content & Platform Liability

Content Removal (IT Rules, 2021)

Under IT Rules, 2021, we will:

• Remove unlawful content within 36 hours of notice
• Assist law enforcement within 72 hours

User Content Restrictions

Users must not post:

• Illegal goods or services
• Defamatory or infringing content
• Counterfeit goods
• Misleading information

8. Grievance Redressal (Mandatory - India)

Resolution Timeline

• Acknowledge: 24-48 hours
• Resolve: Within 15 days

9. Data Protection Framework

🇮🇳 India - DPDPA Act, 2023

We act as a Data Fiduciary with the following obligations:

🇪🇺 GDPR Compliance

🇺🇸 CCPA / CPRA Compliance

California users have the right to:

• Know what data is collected
• Request deletion
• Opt-out of "sale/share" of data
• Non-discrimination

Include "Do Not Sell or Share My Personal Information" link for California users.

10. Cross-Border Data Transfers

• GDPR: Standard Contractual Clauses (SCCs)
• India: Allowed unless restricted by government
• US: Adequate safeguards

11. Platform Safety Systems

We deploy:

• Fraud detection algorithms
• Transaction monitoring
• Identity verification
• Content moderation
• AI-powered security analysis

12. Disclaimer & Liability

Intermediary Protection

Under IT Act safe harbor provisions, we are NOT liable for:

• Product defects
• Delivery failures
• Misrepresentation by sellers
• Transaction disputes between buyers and sellers

Liability Cap

Our liability is limited to:

• Fees paid in the last 12 months
• Direct damages proven in court

13. Indemnity

Users indemnify platform against:

• Regulatory penalties
• Fraudulent transactions
• IP violations
• Third-party claims arising from user actions

14. Governing Law

Default: India (for Indian users)

Additional: EU users → Local consumer protections apply, US users → State-specific rights preserved

15. Dispute Resolution

• India: Arbitration under Arbitration & Conciliation Act, 1996
• EU: Consumer courts allowed
• US: Arbitration + class action waiver (where enforceable)

16. Separate Seller Agreement (B2B Critical)

17. Critical Additional Clauses

18. Contact Information