Terms and Conditions
TAG AND SELL hereinafter referred to as
TAG N SELL is a marketing utility tool owned by JCOMMERCE TECHNOLOGIES PRIVATE
LIMITED hereinafter referred to as “JCOMMERCE”. TAG N SELL helps registered users
to locate business products and services of JCOMMERCE listed online (“Online
Services”) on TAG N SELL.
To access and use the Services of TAG N SELL, Trader
must register for a “TAG
N SELL”. account (“Account”) by providing Trader/Trader’s
entities) full legal name, current address, phone number, a valid email
address, and any other information indicated as required. TAG N SELL may
reject the application for an Account, or cancel an existing Account, for any
reason, at our sole discretion.
TAG N SELL offers a Digital Marketing
Platform for the Traders to promote the listed product at a fixed subscription
Package. The subscription fee applicable to the Trader as per
term of the subscription package shall be agreed between JCOMMERCE and
TRADER at the time of registration and selection of subscribtion package for
digital marketing and other allied services offered thorugh TAG N SELL Platform.
A Trader can list their products or
services and tag their location based on the subscription package model as
opted by then at the time of registration. For the period of the subscription
package, the products or services of the Trader will be marketed by the digital
marketing team of “TAG N SELL”. JCommerce Platform will be collecting a subscription
fee from the Trader for the selected digital marketing package subscribed and
the User will be directed to the concerned website of the listed product by the
Trader to place an order.
TAG N SELL offers Trader marketing, branding, trademark
and Logo registration services. The trader can avail of marketing and branding
services in TAG N SELL worldwide and accepts International Payments. The trademark
and Logo registraion services as well as other Bisuniess registration related
services provided through TAG N SELL to the trader are limited to the territory
SMO/SMM Package(Gold, Silver, Bronze)- 3 packages
SEO Package (Gold, Silver, Bronze)- 3 Package
Logo Branding (Gold, Silver, Bronze)-3 packages
Website Development (Gold, Silver)- 2 packages
The payment will be made by the User
directly to the Trader the platfroms on which the Trader has updated his stock
detail on the platforms of JCommerce redirected
through TAG N SELL platform as per the product
or service terms and conditions of the redirected website. The placement of the order, delivery of goods or
services, replacement of defective goods or refund will be as per the terms of
the concerned product or services offered by the Trader.
“TAG N SELL”, offers a platform to discover
and market products and services listed on various
JCommerce Platform through our
In this policy, the word “listing ”,
used in respect of the products means:
access the website and list a product/service Trader that wishes to promote
through our website
access the website and select a product/services listed on the website;
view and read about the brand and product via the website;
TAG N SELL enables various features
to the User like "Locate and Sell",
"Buying Options" , Sharing the Ad’s and "Galleries for
The Trader signing up in TAG N SELL
for listing a product for sale will be the contracting party referred to as
‘Trader’ for this Terms of Service and the customer signing up
on TAG N SELL to browsing through listed
products will be the contracting party referred as ‘User’.
By enabling the location feature in
the App a Trader can locate potential User in his location and promote his/her
product through TAG N SELL.
By listing your product or by
clicking on the "accept" button below you agree that you have read,
understood, and agree to be bound by the terms of “TAG N SELL”, which is a legal agreement.
If you do not agree to the terms of
the website, you may not use the services of TAG N SELL and you must leave it
by clicking on the "cancel" button below.
Visiting the Platform/Site, sending
and receiving emails, and completing online forms for creating an Account
constitute electronic communications, and by accepting these Terms of Serivce, you
hereby grant consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to
you electronically, via email, and on the platform/site /Mobile Application,
satisfy any legal requirement that such communication is in writing.
By using TAG N SELL, you represent
and warrant that
registration information you submit will be true, accurate, current, and
will maintain the accuracy of such information and promptly update such
registration information as and when necessary;
have the legal capacity and you agree to comply with these Terms and
are not a minor in the jurisdiction in which you reside; and as a minor any
user wishes to use TAG N SELL platform,
such usage may be made under the supervision of their legal guardian or
You will not use TAG N SELL platform for any illegal or unauthorized
use of the TAG N SELL platform will not violate any applicable law or
We reserve the right, in our sole
discretion, to make any changes to the Services and contents that we deem necessary
or useful to (a) maintain or enhance: (i) the quality or delivery of our
services; (ii) the competitive strength of or market for our services; or (iii)
the cost efficiency or performance of the Services; or (b) to comply with
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any
current or future use of the TAG N SELL platform (or any portion thereof).
- GRANT AND
SCOPE OF TRADER LISTING A PRODUCT
In consideration of completing the
process of registration and accepting to abide by the terms of our online listing,
further guarantee, acknowledge, and agree that:
you will keep private and secure all
access credentials and passwords provided to you;
you will maintain and operate in
accordance with the Terms of Service of TAG N SELL.
You will not use the branding
materials such as Banners and Flyers prepared as part of digital marketing
services by TAG N SELL on other social media/marketing platforms without
express written permission from JCOMMERCE.
TAG N SELL acknowledges that the Digital
Marketing Service or Deliverable is being created as a “work made for hire” and,
at all stages of development, the services or deliverables shall be and remain
the sole and exclusive property of the JCOMMERCE and intellectual property
rights on the virtual plaforms shall solely vest with JCOMMERCE. TAG N SELL
agrees to transfer and assign, to the User, with further compensation, the
entire right, title and interest throughout the world in and to: (a) all
technical information first produced by TAG N SELL in the performance of this
Terms of Service; (b) all intellectual property resulting from TAG N SELL’s
activities under this Terms of Service; (c) all intellectual property relating
to any deliverables under this Terms of Service; and (d) creations and
inventions that are otherwise made through the use of Customer’s affiliates’
equipment, supplies, facilities, materials and/or proprietary information.
As a User, you are solely responsible
for verification of the accuracy of the information available on this Platform
and any links from this Platform.
Except as expressly provided in writing,
your use of the TAG N SELL platform, its
content, and any services through the platform is at your own risk and the
platform is provided on an “as is” and “as available” basis, without any
warranties of any kind, either express or implied. Neither TAG N SELL nor any
person associated with JCOMMERCE makes any warranty or representation
concerning the completeness, security, reliability, quality, accuracy, or
availability of the products or services, warrants that the products or
services located through the TAG N SELL will be accurate, reliable, that
defective goods will be replaced, that the platform or the server that makes
this digital marketing facility available are free of viruses or other harmful
components or that the platform or any services or items obtained through the
platform will otherwise meet Users needs or expectations.
We reserve the right: (a) to change
at any time, without justification and prior notice, partially or in total, the
Terms & Conditions, the features, and services provided on TAG N SELL Platform/Platform’s functionalities as well
as the Platform’s versions of the provided products, (b) to renew or upgrade or
discontinue/stop, partially or in total, any of the products listed on the
Platform, (c) to renew or upgrade partially or in total the external appearance
(interface), the structure or composition (configuration) of the Platform
and/or any User Account as well as their technical specifications, (d) to limit
the access of the entire Platform to any registered or unregistered User.
Moreover, we reserve the right at any time, to cancel, suspend or pause or shut
down over operation.
We reserve the right to suspend
and/or delete a User Account and/or refuse the registering of a User Account,
at any time, for any reason, including in the event we become aware of
repeatedly infringing use of the website/Platform from any User and/or any
Platform visitor and/or any third party, or in case we receive notices
regarding a User’s repeatedly infringing behavior.
Trader agrees that their
listing, posting, and/or Information :
shall “not be fraudulent,
misrepresent, mislead or pertain to the sale of any illegal, counterfeit,
stolen goods and/or services
shall not pertain to goods, services
of which the Trader are not the lawful owner or do not have the authority or
consent to 'list', or which do not belong to the Trader or do not have the
authority to resell.
Shall not be defamatory, obscene,
pornographic, pedophilic, invasive of another‘s privacy, including bodily
privacy, insulting or harassing based on gender, libellous, racially or
ethnically objectionable, relating or encouraging money laundering or gambling,
or otherwise inconsistent with or contrary to the laws in force;
Shall not be harmful to children;
Shall not infringe any patent,
trademark, copyright, or other proprietary rights;
Shall not violate any law for the
time being in force;
Shall not deceive or mislead the
addressee about the origin of the message or knowingly and intentionally
communicates any information which is false or misleading but may reasonably be
perceived as a fact;
Shall not impersonate another person;
Shall not threaten the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order, or cause incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting
not contain a software virus or any other computer code, file, or program
designed to interrupt, destroy or limit the functionality of any computer
not be patently false and untrue, and written or published in any form, with
the intent to mislead or harass a person, entity, or agency for financial gain
or to cause any injury to any person.
not constitute an unfair trade practice
not distribute or contain spam, multiple / chain letters, or pyramid schemes in
any of its forms.
not, directly or indirectly, offer, attempt to offer, trade or attempt to trade
in any goods and services, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule, regulation, or
guideline for the time being in force.
not be placed in the wrong category or an incorrect area of the site.
not list or post or pertain to information that is either prohibited or
restricted under the laws of the Republic of India and such listing, posting or
information shall not violate TAG N SELL policy.
consent to receive communications by email, call, or by such other mode of
communication, electronic or otherwise related to the services provided through
- USER ELIGIBILITY
User(s) represent and warrant that
they have the right to access or use TAG N SELL. Persons who are “incompetent
to contract” within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents, etc. are not eligible to access and use the
TAG N SELL.
TAG N SELL can be accessed and used
by those individuals or business entities, including sole proprietorship firms,
companies, and partnerships, which can form legally binding contracts under
Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age
or older may use the Application and avail Services.
registration on TAG N SELL, the Users may be required to complete a verification process as part
of setting up their accounts. Once set up, the Users are responsible for
maintaining the confidentiality of their account information, and are fully
responsible for all activities that occur through their accounts.
User can browse through the listed products in TAG N SELL and select a product
which shall automatically redirect the User to the concerned JCommerce Platform
or any other Virtual Platform, where the selected product is listed by the
Further, it is agreed that TAG N SELL
will not be liable or responsible for any failure to perform, or delay in
performing, any obligations of the Trader
exercising their obligations towards the User.
REFUND AND CANCELLATION
While availing any services TAG N SELL,
TAG N SELL shall not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to the User due to
placement of an order in any different platform for a product discovered
through TAG N SELL.
TAG N SELL focuses on customer satisfaction and hence a
displeased Trader will have the option
for a refund of that part of Subscription fees not used on a usage basis,
provided the reasons are genuine and proved after investigation to the
satisfaction of JCommerce.
TAG N SELL shall have no liability in
case of defective products or improper packaging for a product purchased in any
different platform discovered through TAG N SELL.
The User acknowledges that TAG N SELL
will not be liable for any damages, interests or claims, etc. resulting from the
use of products of the Trader
In no event shall
either party be liable for any indirect, incidental, special or consequential
damages, including without limitation damages for loss of profits, data or use,
errors or omissions, incurred by either party or any third party, whether in an
action in contract or tort, even if the other party has been advised of the
possibility of such damages. TAG N SELL (JCOMMERCE)’s aggregate and cumulative
liability for damages hereunder shall in no event exceed the amount of fees
paid by the Trader under the services availed by the trader which has lead to
For a period of
two (2) year period from the date of avaliling the digital marketing services
through TAG N SALE, Trader agrees that it will not (through itself, affiliates,
principals, or other related parties) solicit for employment, employ, consult
with, utilize the services of, or in any other manner induce any employees or
consultant of the other party to perform services for such party or any person
or entity related thereto. For the purposes of this Terms of Service, the term
“employees of a party” shall mean persons employed by a party at any time
between the period from the commencement of this Terms of Service through the
two (2) year period following the completion of the services.
arising out of or in connection with the Terms of Service shall be first
settled through discussion between the heads of the respective organizations.
If a settlement is not arrived at, the dispute shall be referred to arbitration
and settled under the Rules of Arbitration by one arbitrator, mutually
appointed by the parties in accordance with the said rules. The place of
arbitration shall be Cochin, Kerala, India. The language to be used in the
arbitral proceedings shall be English.
TAG N SELL is and
will remain as an independent Service Provider in its relationship with Trader
or User. Nothing in this Terms of
Service shall be deemed to have created a partnership, or joint venture or a
contract of assocaition between TAG N SELL and Trader.
This Terms of
Service together with the Work Order(s) and further documents as necessary, set
forth the entire agreement and understanding between the parties relating to
the subject matter and supersedes all prior discussions, oral or in writing,
between the parties.
N SELL welcomes your questions,
grievances, or comments regarding these Terms of Serviceby emailing us at Support@tagnsell.in
TAG N SELL Terms of Service dated on 18/06/2021