Terms of Service

1. Description of Service

SellKwik is a cloud-based commerce infrastructure platform that enables businesses and entrepreneurs ("Merchants") to set up online storefronts, list products or services, accept payments, manage inventory, and interact with their customers ("Buyers" or "End-Users").

• Intermediary Software Platform: SellKwik provides software and infrastructure services. We do not manufacture, store, pack, inspect, or sell the physical or digital products listed on individual merchant stores.
• Merchant-Buyer Transactions: Transactions for goods and services conducted on merchant storefronts are between the respective Merchant and their Buyer.

2. Account Registration & Eligibility

• Age & Legal Capacity: You must be at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872.
• Accurate Information: You agree to provide true, accurate, current, and complete information during registration, including your legal name, business address, email address, phone number, and applicable tax or banking details. You must keep this information updated.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for activities that occur under your account. You must notify us immediately at [email protected] if you suspect unauthorized access or a security breach.

3. Acceptable Use & Prohibited Activities

You agree to use SellKwik in full compliance with all applicable local, state, national, and international laws, including the Information Technology Act, 2000, and rules promulgated thereunder.

You agree that you will NOT use the Platform to:

1. Sell Prohibited or Illegal Items: List, market, or sell counterfeit goods, stolen items, weapons, explosives, narcotics, prescription drugs without authorization, illegal adult content, gambling services, tobacco products, or items that violate intellectual property rights.
2. Fraud & Deception: Engage in deceptive marketing, multi-level marketing (MLM) schemes, phishing, pyramid schemes, or dishonest order fulfillment.
3. Spam & WhatsApp Abuse: Send unsolicited bulk messages, spam campaigns, or deceptive promotions via email, SMS, or WhatsApp. You must adhere to applicable Meta WhatsApp Business Messaging Policies.
4. Platform Tampering: Reverse engineer, decompile, copy, hack, overload, or compromise the integrity, security, or performance of the SellKwik platform, servers, or APIs.
5. Harmful Code: Upload viruses, trojans, worms, or any code of a malicious or destructive nature.

4. Merchant Responsibilities

As a Merchant operating a store on SellKwik, you explicitly agree that:

• Product Legitimacy: You are responsible for the authenticity, quality, safety, legality, and descriptions of the items listed in your store.
• Customer Support & Policies: You must clearly provide your own store policies, including Return, Refund, Shipping, and Contact details, to your Buyers. You are responsible for handling buyer inquiries, disputes, exchanges, and cancellations in a fair manner.
• Taxation & Compliance: You are responsible for calculating, collecting, reporting, and remitting all applicable taxes, including GST, arising from sales made through your store.
• Intellectual Property: You warrant that your store logo, domain, product images, and content do not infringe any third-party trademark, copyright, patent, or proprietary rights.

5. Fees, Billing & Payment Processing

6. Intellectual Property Rights

• SellKwik Intellectual Property: The SellKwik software, platform architecture, designs, logos, interfaces, code, documentation, and trademarks are the property of Sell Kwik Technologies or its applicable licensors. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service strictly as permitted under these Terms.
• Merchant Content & Data: You retain your intellectual property rights and ownership over the content, logos, product catalogs, and trademarks you upload to your store. By using our Platform, you grant SellKwik a non-exclusive, worldwide, royalty-free license to host, display, and transmit your content solely for operating and maintaining your online store and providing the Service.

7. Data Privacy & Communication

• Our collection and handling of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
• By registering, you agree to receive operational, transactional, and service-related communications from SellKwik through email, SMS, or WhatsApp, subject to applicable law and communication preferences.

8. Third-Party Services & Integrations

The Service may enable integrations with third-party tools, logistics providers, domain registrars, payment gateways, and social media channels. We do not endorse or guarantee the availability, security, or performance of any third-party service.

Your use of third-party tools and services is governed by their respective terms, conditions, and privacy policies. You are responsible for reviewing and complying with those separate agreements.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by applicable law.

We do not warrant that:

• The Service will be uninterrupted, timely, error-free, or secure.
• Results obtained from using the Service, including store revenue or conversions, will meet your expectations.
• Defects in the software will be corrected immediately or within a particular timeframe.

10. Limitation of Liability

To the maximum extent permitted under applicable Indian law:

• In no event shall Sell Kwik Technologies, its proprietor, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption, arising out of or in connection with your use of the Service.
• In all circumstances, our aggregate liability arising out of or relating to these Terms shall not exceed the total amount paid by you to Sell Kwik Technologies for platform subscriptions during the three (3) months immediately preceding the claim.

Nothing in this section excludes or limits liability that cannot legally be excluded or limited under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Sell Kwik Technologies, its owner, officers, contractors, and affiliates from and against third-party claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising from:

1. Your breach of these Terms or violation of applicable laws.
2. Any product, service, or content sold, listed, or displayed on your merchant store.
3. Infringement of any third-party intellectual property or privacy right by you or your store.
4. Any dispute between you, as the Merchant, and your Buyers or End-Customers.

12. Suspension & Termination

• By You: You may terminate your account at any time by deleting your store or canceling your subscription through the merchant dashboard, subject to any applicable subscription and payment terms.
• By SellKwik: We reserve the right to suspend, disable, or permanently terminate your account and access to the Service if you violate these Terms, fail to pay applicable fees, engage in fraudulent behavior, or if suspension or termination is required by law enforcement or government authorities. Where reasonably practicable, we may provide notice or an opportunity to remedy the violation before taking action.
• Effect of Termination: Upon termination, licenses granted to you under these Terms will end, and you must cease accessing and using the Service.

Any outstanding payment obligations and provisions that by their nature should continue after termination will remain effective. Data access, retention, export, and deletion will be handled in accordance with our Privacy Policy and applicable law.

13. Governing Law & Dispute Resolution

• Governing Law: These Terms shall be governed by, interpreted, and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles.
• Jurisdiction: Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be subject to the exclusive jurisdiction of the competent courts having jurisdiction over Kanyakumari, Tamil Nadu, India, subject to applicable law.

14. Modifications to Terms

We reserve the right to revise and update these Terms of Service from time to time. Any changes will be posted on this page with an updated "Effective Date" or "Last Updated" date.

Your continued use of the Platform after revised Terms are posted constitutes acceptance of the updated Terms, to the extent permitted by applicable law. We encourage you to review this page periodically.

15. Contact & Grievance Redressal

If you have questions, feedback, or need to report violations regarding these Terms of Service, please contact us: