Sabezy Terms of Use
1. INTRODUCTION
1.1 Welcome to the Sabezy platform (the "Site"), available at Sabezy.com owned and operated by Linkize Softwares Pvt Ltd, with its principal geographic address at 1st Floor, Plot No 2, Juniper Building, IT Park, S Ambazari Rd, Nagpur, Maharashtra, India 440022 ("Sabezy", "we", "us" or "our"). These Terms of Service (“Terms of Service”) set out the terms and conditions by which Sabezy offers its services (“Services”). Please read the following Terms of Service carefully before using this Site or opening a Sabezy account ("Account") so that you are aware of your legal rights and obligations with respect to Sabezy. The Services we provide or make available include (a) the Site, (b) the services provided by the Site and by Sabezy client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Sabezy is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract for sale. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods and warranty of purchase.
1.3 Sabezy may authenticate Users but does not pre-screen the Content or information provided by Users. Sabezy reserves the right to remove any Content or information posted by you on the Site. Sabezy cannot ensure that Users will actually complete a transaction.
1.4 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto (“Privacy Policy”).
1.5 Sabezy reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Sabezy may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Sabezy may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.6 Sabezy reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING Sabezy SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS IN THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THESE SERVICES.
THE USE OF THE PLATFORM IS AVAILABLE ONLY TO PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER THE INDIAN CONTRACT ACT, 1872. 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 USE THE PLATFORM. IF YOU ARE A MINOR I.E. UNDER THE AGE OF 18 YEARS, YOU SHALL NOT REGISTER AS A SELLER ON THE PLATFORM, TRANSACT OR USE THE PLATFORM. Sabezy RESERVES THE RIGHT TO TERMINATE YOUR REGISTRATION AND/OR REFUSE YOU ACCESS TO THE PLATFORM IF IT IS BROUGHT TO SABEZY’S NOTICE OR DISCOVERED THAT YOU ARE UNDER THE AGE OF 18 YEARS. IF YOU REGISTER AS A BUSINESS ENTITY, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE BUSINESS ENTITY TO ACCEPT THESE TERMS OF SERVICE AND YOU HAVE THE AUTHORITY TO BIND THE BUSINESS ENTITY TO THESE TERMS OF SERVICE.
2. PRIVACY
2.1 Your privacy is very important to us at Sabezy. To better protect your rights, we have provided the Sabezy.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Sabezy collects and uses the information associated with your Account and/or your use of the Services (the “User Information”) and the personal data you provide to us through such use. By using the Services or providing information on the Site, you:
(i) consent to Sabezy's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Sabezy; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third-party, or otherwise allow any third-party to access or use your User Information, without Sabezy’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with, and where required by, applicable laws.
3. LIMITED LICENSE
3.1 Sabezy grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Sabezy and where applicable, third-party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Sabezy. You acknowledge that Sabezy may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Sabezy reserves all rights to the software not expressly granted by Sabezy hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, and not by Sabezy.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Sabezy, in its sole discretion, finds offensive or inappropriate, Sabezy has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Sabezy has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services. You agree that it is your responsibility to review such policies.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Sabezy of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Sabezy will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Sabezy may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Sabezy deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) abuse of offer/promotion on the platform (including, but not limited to, selling of seller vouchers to third parties, selling of seller vouchers or other credits at a significant mark-up above face value, and/or abnormal or excessive use of seller vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Sabezy. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Sabezy may terminate your Account immediately with or without notice
5.4 Users may terminate their Account if they notify Sabezy in writing (including via email at support@sabezy.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Sabezy after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Sabezy shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Sabezy.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Sabezy may effect such termination with or without notice to you.
6.2 You agree not to:
(i) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(ii) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(iii) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(v)remove any proprietary notices from the Site;
(vi) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Sabezy;
(vii) use the Services for the benefit of any third-party or any manner not permitted by the licenses granted herein;
(viii) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(ix) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(x) access the Sabezy platform, open a user account, or otherwise access your user account using any non-official Sabezy hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
(xi) manipulate the price of any item or interfere with other User's listings;
(xii) take any action that may undermine the feedback or ratings systems;
(xiii) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Sabezy with respect to the Services and/or data transmitted, processed or stored by Sabezy;
(xiv) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(xv) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(xvi) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(xvii) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(xviii) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(xix) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(xx) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by applicable laws ;
(xxi) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(xxii) infringe the rights of Sabezy, including any intellectual property rights and any passing off of the same thereof;
(xxiii) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(xxiv) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
(xxv) direct or encourage another user to conduct a transaction other than on the Site.
6.3 You agree not to upload, post, display, store, modify, update, email, transmit or otherwise make available through the Site and Services any Content or information that:
(i) Belongs to another person and to which you do not have any right, including content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) Is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) Is harmful to children and minors;
(iv) Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(v) Violates any law for the time being in force;
(vi) Deceives or misleads any reader or receiver about the origin of any message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) Impersonates another person;
(viii) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) Contains software virus or any other computer code, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer resource, software or hardware or data or telecommunications equipment;
(x) Is patently false and untrue, and is 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; and/or
(xi) You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
6.4 You understand that any violation of these Terms of Use including without limitation violations of Section 6 may result in relevant Content being removed, your Account with Sabezy being terminated, or both.
6.5 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Sabezy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Sabezy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.6 You acknowledge that Sabezy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site, without any liability to you. Without limiting the foregoing, Sabezy and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Sabezy or submitted to Sabezy, including, without limitation, information in Sabezy Forums and in all other parts of the Site.
6.7 You acknowledge, consent to and agree that Sabezy may access, preserve, and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Sabezy, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Sabezy, its Users and/or the public.
6.8 Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to these Terms of Service that will cause the other party to violate such regulations.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
(i) Listing deletion
(ii) Limits placed on Account privileges
(iii) Account suspension and subsequent termination
(iv) Criminal charges
(v)Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact support@sabezy.com.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Sabezy does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Sabezy in any way and Sabezy is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online IPR form at and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Sabezy will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by Sabezy, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable Sabezy to assess the complaint; (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Sabezy to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
8.5 Sabezy acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the Sellers, Sabezy does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.
8.6 Each and every Seller agrees to hold Sabezy and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.
9. PURCHASE AND PAYMENT
9.1 Sabezy supports one or more of the following payment methods:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (“COD”)
Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
(iii) UPI and Netbanking
Buyer may pay via UPI or Netbanking. UPI and Netbanking payments are processed through third-party payment channels.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Sabezy takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment methods, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 It is hereby clarified that any of the payment methods, namely COD, UPI, Netbanking, Credit Card, and/or Debit Card, may not be available for selected products or categories, at Sabezy’s sole discretion.
10. SELLER WALLET
10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Wallet”). The sum of this money, minus any withdrawals, will be reflected as your Seller Wallet’s balance.
10.2 You may transfer funds from your Seller Wallet (up to the amount of your Seller Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Sabezy may also automatically transfer funds from your Seller Wallet to your Linked Account on a regular basis, as determined by Sabezy. Sabezy shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account. Sabezy is only able to make payment to Sellers via bank transfer. Hence, Sellers are required to provide Sabezy with their bank account details in order to receive payments from their Seller Wallet.
10.3 Sellers are entitled to one (1) free Withdrawal Request per day (“Daily Withdrawal Limit”) at no fee. The Daily Withdrawal Limit is subject to change at Sabezy’s sole discretion and Withdrawal Fee can be introduced at any later point of time.
10.4 Money from your sale of items on Sabezy shall be credited to your Seller Wallet, post deduction of applicable taxes, after the Sabezy Guarantee (as set out in Paragraph 11) has expired.
10.5 Once submitted, you may not modify or cancel a Withdrawal Request.
10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Wallet in the future.
10.7 You authorize us to initiate debit or credit entries to your Seller Wallet:
(i) to correct any errors in the processing of any transaction;
(ii) where Sabezy has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any rewards or rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
(vii) in connection with any banned items or items that are detained by customs; and
(viii) in connection with any change of mind agreed to by both Buyer and Seller.
11. Sabezy GUARANTEE
11.1 Sabezy Guarantee is a service provided by Sabezy or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Sabezy or its authorised agent (“Sabezy Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Sabezy Guarantee Account.
11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Sabezy Guarantee Account until:
(i) Buyer sends confirmation to Sabezy that Buyer has received his/her goods, in which case, unless 12.2(d) applies, Sabezy will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below)), in Sabezy Guarantee Account to Seller;
(ii) Sabezy Guarantee Period (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, Sabezy will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below)), in Sabezy Guarantee Account to Seller;
(iii) Sabezy determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, Sabezy will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(iv) such other time as Sabezy reasonably determines for a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below)), including, without limitation, which it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Sabezy Guarantee is only offered to Buyers who have made payment through the channels provided by Sabezy into Sabezy Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Sabezy Guarantee.
11.3 Payments made through Sabezy channels will be held in the Sabezy Guarantee Account for a specified period of time (the “Sabezy Guarantee Period”). Buyer may apply for a one-time extension of Sabezy Guarantee Period prior to the expiry of the applicable Sabezy Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Sabezy Guarantee Period may be extended for a maximum period of three (3) days unless Sabezy in its sole discretion determines that a longer extension is appropriate or required.
11.4 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Sabezy will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than twelve (12) months after they become due to the Seller, Sabezy will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
11.5 Seller/Buyer must be the beneficial owner of the Account and conduct transactions on the Site only on their own behalf. Sabezy may require Seller or Buyer to provide their personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third-party payment processing and logistics service providers. Seller/Buyer hereby grants Sabezy their consent to use or provide to third-party their personal data to facilitate their use of the Site. Further, Seller/Buyer authorises Sabezy to use their personal data to make any inquires we consider necessary to validate User identity with the appropriate entity such as the User’s bank. For more information in relation to how Sabezy handles your personal information, please visit our Privacy Policy.
11.6 The Sabezy Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Sabezy Guarantee. The Sabezy Guarantee is neither intended nor designed to assist Buyer or Seller in complying with their own legal obligations, for which each party will remain solely responsible, and Sabezy accepts no liability in connection with the same. Without limitation, the Sabezy Guarantee does not constitute a product warranty.
11.7 Buyer and Seller acknowledge and agree that Sabezy’s decision (including any appeals) in respect of and relating to any issues concerning the Sabezy Guarantee is final.
11.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Sabezy Guarantee.
12. DELIVERY
12.1 Sabezy will inform Seller when Sabezy receives a successful order placed by Buyer on the Platform. Unless otherwise agreed with Sabezy, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
12.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, the Sabezy Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing, whichever applicable.
12.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will suitably pack and obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is delayed, damaged or lost during the course of delivery or in the event of a failure of delivery, Users (i) acknowledge and agree that Sabezy will not be liable for any damage, expense, cost or fees resulting therefrom, and (ii) fully indemnify and hold Sabezy harmless against any claim or liability arising from such delivery or non-delivery of items
12.4 Where the Buyer elects to have a purchased item delivered by integrated shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Sabezy in such proportions as may be determined by Sabezy and published on the Site from time to time. Sabezy shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.
13. CANCELLATION, RETURN AND REFUND
13.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Sabezy Guarantee Account.
13.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Sabezy Guarantee Period, if applicable, subject to and in accordance with Sabezy’s Refunds and Return Policy. Please refer to Sabezy’s Refunds and Return Policy for further information.
13.3 Sabezy reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Sabezy Guarantee Account.
13.4 Sabezy does not monitor the cancellation, return and refund process for any transactions made outside the platform.
13.5 Refunds to Buyers shall be made to their original mode of payment to, (i) Credit Card/Debit Bank/UPI/Net banking/Wallet, if paid online, or to (ii) UPI/Bank Account (provided by the Buyer) if paid via COD, within fourteen (14) days of return or refund request being approved.
14. SELLER’S RESPONSIBILITIES
14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales are updated on Seller’s listing, and shall not carry any inaccurate or misleading information. Seller shall ensure that descriptions, images, and other content pertaining to goods listed by it on the Sabezy platform are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such goods.
14.2 The price of items for sale will be determined by the Seller at its own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
14.3 Sellers need to provide invoice in the shipment (or more broadly Sabezy packaging guidelines), any losses arising to Sabezy in failing to do so could be recovered from Sellers.
14.4 Food Products and FSSAI Registration related responsibility: Seller shall be required to sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorisations, and permits needed to distribute, market, supply and sell food products on Sabezy as defined under applicable laws, including, under the Food Safety and Standards Act, 2006, and all applicable rules and regulation thereunder, such as the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011. For all times during which Seller may advertise, distribute, market, supply or sell food products on Sabezy, the undertaking must remain true and correct in all respects. Further, Seller shall immediately notify Sabezy, in writing, upon the lapse of its FSSAI License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the FSSAI License. Seller acknowledges and agrees that Sabezy shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes. Seller shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations (“Legal Metrology Laws”) while listing food products on the platform. Seller shall be required to enter the mandatory attributes while listing products on the platform (including but not limited to the country of origin of the product) as required under the Legal Metrology (Packaged Commodities) Rules, 2011 and other applicable regulations, such as the Consumer Protection Act, 2019 and rules thereunder. All sellers must comply with Sabezy's Food Recall Policy.
14.5 For the purpose of promoting the sales of the items listed by all the Sellers, Sabezy may post such items on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Sabezy.
14.6 Tax Invoice will contain “Ship from” i.e. “Pick-up” address as default Seller's billing address and seller should ensure compliance of such address with India GST law. Any liability arising on account of non-compliance with India GST law would be the sole responsibility of Seller
14.7 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Sabezy cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
14.8 Seller acknowledge and agrees that Seller’s violation of any of Sabezy’s polices will result in a range of actions as stated in Section 7.1.
14.9 Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the Office of Foreign Assets Control (OFAC) Regulations and other applicable sanctions regulations in other jurisdictions.
14.10 Sellers must ensure that products adhere to the Legal Metrology Laws, including packaging requirements under the Legal Metrology (Packaged Commodities) Rules, 2011 and labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer. Sabezy does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against Seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, Seller is obligated to answer queries on such non-adherence, failing which Sabezy can temporarily/indefinitely suspend/terminate/block/withhold Seller account at its own discretion.
14.11 Sellers must ensure all products listed by them are certified/tested in accordance with standards prescribed by applicable law including, but not limited to, standards prescribed by the Bureau of Indian Standards and any other standards, as the case may be.
14.12 Upon request by Sabezy, Sellers shall provide all necessary data required to be disclosed under any applicable laws and regulations and will make all mandatory declarations under the applicable laws in respect of any products listed by it on Sabezy..
14.13 In the event of sale of jewellery, Seller shall provide an authenticity certificate, such as proof of a hallmark (in accordance with applicable laws) along with the Item at the time of delivery. Authenticity certificates shall be in the manner and form prescribed by the Bureau of Indian Standards Act, 2016 and rules and regulations thereunder. Further, it shall be the sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Sabezy shall not be liable whatsoever for any non-compliance in this regard.
14.14 Seller shall conduct know-your-customer (“KYC”) of the Buyer in accordance with the prevention of anti-money laundering laws and other applicable laws and Sabezy disclaims any responsibility for conducting such Buyer KYC.
15. TRANSACTION FEES
15.1 Initially, transaction fees will not be charged by Sabezy. However, transaction fees to the Sellers can be charged and subsequently changed at Sabezy’s discretion and will be pre-communicated to Seller.
15.2 Following the successful completion of a transaction, Sabezy shall deduct any applicable transaction fee, Tax Amount (defined below), from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 12.2. Sabezy shall issue receipts or tax invoices for the Transaction Fee, Tax Amount (defined below), paid by Seller on request. For Sellers located in India, these tax invoices can be retrieved from the Seller Center, available on the Site.
16. DISPUTES
16.1 In the event a dispute arises in a transaction, such problem shall be resolved according to Sabezy’s policies.
16.2 Without prejudice to the consumer protection rights guaranteed to customers/consumers under the Consumer Protection Act, 2019, each Buyer and Seller covenants and agrees that they will not bring suit or otherwise assert any claim against Sabezy or its Affiliates (except where Sabezy or its Affiliates are the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
16.3 Users covered under Sabezy Guarantee may send a written request to Sabezy to assist them in resolving issues which may arise from a transaction upon request. Sabezy may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Sabezy’s Refunds and Return Policy.
16.4 To be clear, the services provided under this Section 16 are only available to Buyers covered under Sabezy Guarantee.
17. FEEDBACK
17.1 Sabezy welcomes information and feedback from our Users which will enable Sabezy to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the Site.
(ii) Anonymous feedback will not be accepted. Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case. Vague and defamatory feedback will not be entertained.
18. DISCLAIMERS
18.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Sabezy OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Sabezy DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
18.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18.3 Sabezy HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE Sabezy AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
19. EXCLUSIONS AND LIMITATIONS OF LIABILITY
19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sabezy BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF Sabezy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR TO DISCONTINUE ANY USE OF THE SERVICES.
19.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Sabezy IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE Sabezy GUARANTEE; OR (B) INR 5,000 (FIVE THOUSAND INDIAN RUPEES).
19.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SABEZY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF Sabezy THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
20. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
20.1 Third-party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Sabezy in any manner whatsoever and you therefore access them at your own risk. Sabezy is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Sabezy is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Sabezy of any linked site and/or any of its content therein.
20.2 Sabezy allows you to share videos from YouTube on the Sabezy Livestream feature “YouTube Content”). By sharing YouTube Content, you hereby acknowledge and confirm that you have read and reviewed the YouTube Terms of Service (https://www.youtube.com/t/terms) and agree to be bound by them.
21. YOUR CONTRIBUTIONS TO THE SERVICES
21.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Sabezy. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Sabezy and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
21.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Sabezy by any means (each, a "Submission"), is not considered confidential by Sabezy and may be disseminated or used by Sabezy without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Sabezy, you acknowledge and agree that Sabezy and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Sabezy and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.
22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
22.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Sabezy is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Sabezy responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
22.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Sabezy. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Sabezy has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Sabezy shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Sabezy may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
23. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(ii) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
24. FRAUDULENT OR SUSPICIOUS ACTIVITY
24.1 If Sabezy, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Sabezy, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Sabezy Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in India or elsewhere and directed to Sabezy;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Sabezy or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
24.2 For the purposes of this Section:
(i) "Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
(ii) "Claim" means a challenge to a payment that a Buyer or Seller files directly with Sabezy.
(iii) "Reversal" means the reversal of a payment by Sabezy because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Sabezy, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Sabezy policy, or (e) Sabezy decided a Claim against you.
25. INDEMNITY
You agree to indemnify, defend and hold harmless Sabezy, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, any type of direct or indirect tax costs, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Sabezy or its Affiliates is the Seller in the transaction that the dispute relates to or to the extent required by applicable law), (b) the Sabezy Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Sabezy, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third-party, or (g) any Content uploaded by you.
26. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
27. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of India without regard to any conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Sabezy or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in India in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force. There will be one (1) arbitrator and the language of the arbitration shall be English.
28. TAXES
28.1 Definition: Tax Amount is defined to include Goods & Services Tax, applicable Cess under the provisions of Integrated Goods and Services Tax (“IGST”), Central Goods and Services Tax (“CGST”) and Union Territory Goods and Services Tax (“UTGST”) or State Goods and Services Tax (“SGST”) in respect of the goods/services supplied by Seller.
28.2 Seller shall be responsible for payment of all fees/costs/charges associated with the purchase of products and agree to bear any and all applicable taxes including but not limited to IGST, CGST, SGST, UTGST, duties and cesses, etc.
28.3 All payments to Seller would be made after deducting applicable taxes including but not limited to withholding tax, etc.
28.4 Seller shall also ensure full compliance with the provisions of IGST, CGST, UTGST, SGST, Cess in respect of the goods/services supplied by you.
28.5 It is the Seller’s responsibility to charge appropriate Goods and Services Tax and Cess on the supplies effected and remittance of the same to the Government. Sabezy shall not be responsible for any deficiency and/ or omission on the Seller’s part.
28.6 Seller expressly agrees that issuing correct and complete invoice, credit note and debit note to the Buyer is the sole and primary responsibility of the Seller. We will assist Seller with this process by generating an invoice on Seller’s behalf. For us to generate these invoices, we would need a digital image of Seller’s signature which will be affixed on the invoice. The invoice shall then be generated and sent to the Seller. The Seller shall be required to print the invoice and affix the same on the consignment. The invoice generated by Sabezy shall be affixed by the Seller on the consignment. Notwithstanding anything else contained in these Terms of Service, the Seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices. Seller is the sole owner of the invoice and responsible for correctness of the same.
28.7 Pursuant to the provisions relating to tax collection at source under IGST, CGST, UTGST and/ or SGST, the portal would collect tax collected at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
28.8 Seller expressly agrees for credit reversal of IGST, CGST, UTGST, SGST and Cess in case of goods destroyed, lost, stolen or written off or disposed of by way of gift or free samples and Seller shall be solely liable for any liability which may be imposed by taxation authorities.
28.9 In case of any mismatches on account of tax collection at source, Seller shall be required to provide all relevant information to Sabezy to correspond with the relevant authorities and also in case of any liability accruing on account of omission, it shall be the Seller’s obligation to pay such deficit.
28.10 Seller shall be required to provide the corresponding Harmonised System Nomenclature (“HSN”) code number for every product listing including GST and Cess rate for every product. In the event that Seller does not provide the HSN code number, that particular product will be delisted and the Seller shall no longer be able to sell the product on the Sabezy platform.
28.11 The HSN code number and GST and Cess rate of products to be sold to Buyer will be the responsibility of Seller and Sabezy would not be responsible for any wrong HSN code number and GST and Cess rate, in any circumstances.
28.12 Seller shall also be required to provide its GSTIN, without which Sabezy will not be able to raise an invoice on Seller. In the event that the Seller does not provide its GSTIN number, transactions on the Seller’s account will be blocked and orders will not be processed on Seller’s account. In the event of Seller providing their Input Service Distributor (“ISD”) Registration Number, Sabezy would be issuing an invoice to the ISD GST registration number as furnished by Seller. It is the Seller’s responsibility to undertake the necessary compliances required in respect of the said ISD registration number.
28.13 As per Section 194-O of the Income Tax Act, 1961, Sabezy will deduct TDS on the gross amount of sale of goods provided through the Platform at 1% (except in case of (i) violations of Section 206AA, in which case 5% TDS would be applicable; (ii) persons non-compliant with Section 206AB, in which case 5% TDS would be applicable; and (iii) exempted persons under Section 194-O, in which case 0% TDS would be applicable).
28.14 Seller would be responsible for providing complete information, which is required to determine correct withholding tax rate and amount on which taxes would be withheld under Section 194-O of the Income Tax Act, 1961. Liability arising on account of wrong information provided by Seller would be the responsibility of Seller, and Sabezy reserves the right to recover such liability from Seller. Further, Sabezy reserves the right to withhold tax retrospectively if the mentioned threshold under Section 194-O of the Income Tax Act, 1961 exceeds for individual and/or HUF Sellers and/or if any wrong information is provided by Seller to Sabezy.
29. GENERAL PROVISIONS
29.1 Sabezy reserves all rights not expressly granted herein.
29.2 Sabezy may modify these Terms of Service at any time without providing you prior notice. As and when Sabezy makes such modifications, Sabezy shall let you know by posting the updated Terms of Service on the Site, or via email communications or as in-app notifications. It is your responsibility to review the Terms of Service whenever they are updated. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service. If you do not agree with any of such revisions to the Terms of Service, you may not continue to use these Services.
29.3 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 (“IT Act, 2000”), and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to the Consumer Protection (E-commerce) Rules, 2020, the Integrated Goods and Services Tax Act, 2017, the Central Goods and Services Tax Act, 2017, the Food Safety and Standards Act, 2006, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and any customs duties, local levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services.
29.4 You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any Buyer at any place outside India.
29.5 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
29.6 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Sabezy, nor does it authorise you to incur any costs or liabilities on Sabezy’s behalf.
29.7 The failure of Sabezy at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
29.8 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Sabezy's affiliates and subsidiaries (and each of Sabezy's and its affiliates' and subsidiaries' respective successors and assigns).
29.9 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
29.10 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Prevention of Corruption Act, 1988 and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
29.11 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: support@sabezy.com.
29.12 NOTICES AND USER GRIEVANCES: In accordance with the framework under the IT Act, 2000 and the Consumer Protection Act, 2019, notices and user grievances may be sent to the Grievance Officer Pradeep Khade at support@sabezy.com. Further, please send all legal notices to support@sabezy.com and mark it for attention to the “General Counsel”.
30. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION OF THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED YOUR NAME MANUALLY. YOU ALSO AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
This document is an electronic record in terms of Information Technology Act, 2000, and the Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Last Updated: 26th March 2022