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.

1. SERVICES

1.1.           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.

1.2.           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.

1.3.           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.

1.4.           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 of India.

1.4.1.     Marketing

·       SMO/SMM Package(Gold, Silver, Bronze)- 3 packages

·       SEO Package (Gold, Silver, Bronze)- 3 Package

1.4.2.     Branding

·       Logo Branding (Gold, Silver, Bronze)-3 packages

·       Website Development (Gold, Silver)- 2 packages

1.4.3.     Trademark

·       Logo

1.5.           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.

1.6.           “TAG N SELL”, offers a platform to discover and market  products and services listed on various JCommerce  Platform through our website www.tagnsell.com

1.7.           In this policy, the word “listing ”, used in respect of the products means:

a)     to access the website and list a product/service Trader that wishes to promote through our website

b)     to access the website and select a product/services listed on the website;

c)      to view and read about the brand and product via the website;

1.8.           TAG N SELL enables various features to the User like  "Locate and Sell", "Buying Options" , Sharing the Ad’s and "Galleries for displaying Ad"

1.9.           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’.

1.10.      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.

1.11.      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.

1.12.      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.

1.13.      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.

1.14.      By using TAG N SELL, you represent and warrant that

1.14.1.All registration information you submit will be true, accurate, current, and complete.

1.14.2.You will maintain the accuracy of such information and promptly update such registration information as and when necessary;

1.14.3.You have the legal capacity and you agree to comply with these Terms and Conditions;

1.14.4.You 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 parents.

1.14.5.                       You will not use TAG N SELL  platform for any illegal or unauthorized purpose; and

1.14.6.Your use of the TAG N SELL platform will not violate any applicable law or regulation.

1.15.      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 applicable law.

1.16.      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).

2. GRANT AND SCOPE OF  TRADER LISTING A PRODUCT

2.1.           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:

2.1.1.     you will keep private and secure all access credentials and passwords provided to you;

2.1.2.     you will maintain and operate in accordance with the Terms of Service of TAG N SELL.

2.1.3.     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.

2.2.           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.

2.3.           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.

2.4.           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.

2.5.           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.

2.6.           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.

2.7.           Trader agrees  that their  listing, posting, and/or Information :

2.7.1.     shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and/or services

2.7.2.     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.

2.7.3.     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;

2.7.4.     Shall not be harmful to children;

2.7.5.     Shall not infringe any patent, trademark, copyright, or other proprietary rights;

2.7.6.     Shall not violate any law for the time being in force;

2.7.7.     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;

2.7.8.     Shall not impersonate another person;

2.7.9.     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 other nation;

2.7.10.Shall not contain a software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer resource;

2.7.11.Shall 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.

2.7.12.Shall not constitute an unfair trade practice

2.7.13.shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.

2.7.14.shall 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.

2.7.15.shall not be placed in the wrong category or an incorrect area of the site.

2.7.16.shall 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.

2.7.17.You consent to receive communications by email, call, or by such other mode of communication, electronic or otherwise related to the services provided through the website.

3. USER ELIGIBILITY

3.1.           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.

3.2.           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.

4.      ACCOUNT REGISTRATION

4.1.           Upon 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.

4.2.           A 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 Trader.

4.3.           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.

5.      PAYMENT, REFUND AND CANCELLATION

5.1.           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.

5.2.           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.

5.3.           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.

5.4.           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

6.      LIMITATION OF LIABILITY

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 the liability.

7.      NON-SOLICITATION

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.

8.      DISPUTE RESOLUTION

Any disputes 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.

9.      INDEPENDENT CONTRACTOR

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.

10.   ACKNOWLEDGMENT

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.

TAG 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