Terms and Conditions
Your use of the TapDealz website’s https://tapdealz.com or https://sellers.tapdealz.com or TapDealz mobile app , hereinafter referred to as “the App” or “We” or “website”) and its related apps, services and tools) is governed by the following terms and conditions as applicable to the App. Please read them carefully.
TapDealz provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement” or “User Agreement”), which shall come into effect for you at the time of registration.
TapDealz is a marketplace where users from all over India connect to sell unique goods. It is owned and managed by TecInnobiz Labs Private Limited, a company incorporated under Companies Act, 1956 with a registered office at 3/16, Kambal Kendra Road Nai Abadi, Mandsaur, M.P, India, Pin – 458001.
By using the App in any manner, including but not limited to visiting or browsing the App, you (the “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink. This Agreement applies to all users of the App, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the App. These ‘Conditions of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
TapDealz may amend this User Agreement and/or TapDealz Rules and Policies at any time by posting a revised version on the App.
Please review our Privacy Notice, which also governs your visit to this Site, to understand our practices. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Policies, Modification and Severability
Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
- TapDealz Site is not intended for use by children.
- If you are a minor i.e. under the age of 18 years, you may use the Site and TapDealz only with involvement of a parent or guardian.
- TapDealz and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.
You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not TapDealz, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law.
You must not use the Site for any of the following:
- for fraudulent purposes
- in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing
- in breach of copyright, trademark, confidentiality, privacy
- any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; to cause annoyance, inconvenience or needless anxiety
TapDealz is a Platform
TapDealz acts as a platform to allow users who comply with TapDealz’s policies to offer, sell and buy goods within a fixed-price format. The App is only a platform through which Users can reach a larger base to sell items. TapDealz is not directly involved in the transaction between buyers and sellers. All the information and products listed on the App are provided ‘as is where is’. As a result, TapDealz has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. TapDealz does not pre-screen users or the content or information provided by users. eoBizStore cannot ensure that a buyer or seller will actually complete a transaction. TapDealz is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
Consequently, TapDealz does not transfer legal ownership of items from the seller to the buyer.
TapDealz does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be old or offered to be sold or purchased on the App. In particular, TapDealz does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App. TapDealz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
TapDealz cannot guarantee the true identity, age, and nationality of a user. TapDealz does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the App and use your best judgment on that behalf.
You agree that TapDealz is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TapDealz . You use the TapDealz service at your own risk.
Tapdealz Charges and Fees
- TapDealz does not charge any fees or commission for listing an item for sale, only subscription fees as per the plan acquired by the seller. The same is deducted from the merchant’s wallet at the time of settlement.
- The shipping charges and transaction charges an incurrent by the payment gateway will be bear by Seller
- In case of orders that are being cancelled due to non-acceptance or non-fulfillment by the sellers, TapDealz processing fee of Rs 20 would be applicable.
- In case of shipments that are cancelled post acceptance, due to sellers inability to hand over shipments during pickup, TapDealz shipping charges would be applicable.
- The seller has to ship all his orders through TapDealz. Shipping fee will be calculated on the basis of volumetric height or actual weight, whichever is higher.
- Kindly refer pricing screen for latest TapDealz Charges. TecInnoBiz Labs reserves right to change the site charges any time but same will be communicated to Sellers at least 1 month in advance.
Redemption of Earnings
The earnings of the seller shall be the sale price fixed by the seller after reduction of TapDealz commission (if applicable as per plan), transaction charges, shipping fees and GST on TapDealz (if applicable as per plan).
The payment due to seller would be remitted in Seller’s bank account.
For all prepaid Orders, the amount would be remitted on 5th, 15th and 25th of each month post 7 days after delivery of orders (and if buyer doesn’t place a return) The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of site and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, tails, data and documents.
If TapDealz terminates a listing or your account, if you close your account, or if the payment of your TapDealz fees cannot be completed for any reason, you remain obligated to pay TapDealz for all unpaid fees plus any penalties, if applicable.
TapDealz reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the App and refuse to provide you with access to the App in case of non-payment of fees by you to TapDealz. TapDealz also reserves the right to take legal action in case of non-payment of fees by you to TapDealz. TapDealz reserves the right to refuse any of its service to anyone, for any reason, at any time.
Listing and Selling
- Listing Description and Pricing: By listing an item on the App you warrant that you and all aspects of the item comply with TapDealz’s published policies. You also warrant that you may legally sell the item. Listed items represent binding offer at the set price to other users who comply with the conditions specified in the offer.
- The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process. You must accurately describe your item and all terms of sale in your TapDealz shop. You agree to provide, maintain and update the data to keep it true, accurate, current and complete information about yourself as prompted by TapDealz’s registration form, profile generation and shop set-up.
- Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. You must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties.
- All listed items must be kept in stock for successful fulfillment of sales.
- If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer.
- The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding TapDealz’s transaction fees, misrepresent the item’s location, or use another user’s account without permission. Your price must be inclusive of applicable taxes and al other fee if any.
- TapDealz reserves the right to remove content which is deemed to be inappropriate or that could subject TapDealz to legal action.
All sales comes under the binding sales agreement.
Handling of Credits
A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by TapDealz. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable campaign rules provided by TapDealz. To the extent permitted by law, TapDealz may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.
A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by TapDealz. A user will not be able to transfer Credits to any other user or person.
Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the Credits owned by such User will immediately be invalid and cannot be subsequently used. Once expired, Credits will not be reinstated.
Every TapDealz seller is responsible for following the laws that apply to you, your shop and your items, including any shipping restrictions for your items. There are some types of items that we don’t allow in TapDealz’s marketplace, even if they are legal and otherwise meet TapDealz’s selling criteria. Some things just aren’t in the spirit of TapDealz.
Listed below are the items which cannot be sold on TapDealz.
- Replica of Branded Products / Counterfeit Products
- Eatables/Perishable products
- Famous Character Prints (Without Brand Authorization)
- Sexual Wellness/Pornographic Items
- Heavy tools & Machinery
- Automobiles & Real estate Properties
- Medicines (Ayurvedic/Homeopathic/Allopathic)
- Products in the form of Liquid or semi-liquid state, like cosmetics, gels etc.
The order would be cancelled, and funds would be remitted to the buyer in the following eventualities:
- Failure to accept the order within 8 business hours.
- The seller needs to enter the dispatch days that he would take to ship out a product while creating his listing on the app. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing
- Four unsuccessful attempts to pick up the order from the seller by courier companies tied up with TapDealz.
- Cancellation of order by the buyer.
When you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
TapDealz does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside TapDealz’s control.
TapDealz and its suppliers, affiliates and service provider provide the App and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your risk.
Feedback and Ratings
We encourage registered sellers on the App to provide feedback of buyer after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer.
TapDealz will not be responsible for the feedback that you post on the App and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
As a seller, if you continue to receive negative feedback ratings or fail to delivery your order repeatedly, TapDealz reserves the right to suspend your membership, and you will be unable to list or buy on the App.
Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to TapDealz and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on TapDealz.
Your Content and your use of TapDealz shall not:
- be false, inaccurate or misleading
- be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, impersonating or intimidating any person (including TapDealz staff or other users); modify, adapt or hack TapDealz or modify another app so as to falsely imply that it is associated with TapDealz; or falsely stating or otherwise misrepresenting your affiliation with any person, through for example, the use of similar e-mail address, nicknames, or creation of false account(s); or any other method or device relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- host images not part of a listing
- harm minors in any way; be obscene or contain child pornography
- infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit, illegal or stolen items.
- deceive or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
- threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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. Without prejudice to the generality of the above, TapDealz does not permit transactions in the following items including but not limited to categories as stated in the Prohibited Items Policy which can be accessed below
- create liability for TapDealz or cause TapDealz to lose (in whole or in part) the services of TapDealz’s ISPs or other suppliers
link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Your Information and Content
“Your Information” is defined as any information you provide to us or other users of the App (“Users”) in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
- You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the App. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
- TapDealz does not claim ownership rights in your Content. You grant TapDealz a license solely to enable TapDealz to use any information or Content you supply TapDealz with, so that TapDealz is not violating any rights you might have in that Content. You grant TapDealz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.
- By posting Content on TapDealz, it is possible for an outside app or a third party to re-post that Content. You agree to hold TapDealz harmless f or any dispute concerning this use. If you choose to display your own TapDealz-hosted image on another app, the image must provide a link back to its listing page on TapDealz.
- TapDealz considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App or otherwise (other than the Content and the tangible items sold on the App by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and TapDealz shall not be liable for the disclosure or use of such Material. If, at TapDealz’s request, any member sends Material to improve the app (for example through the Forums or to customer support), TapDealz will also consider that Material to be non-confidential and non-proprietary and TapDealz will not be liable for use or disclosure of the Material. Any communication by you to TapDealz is subject to this Agreement. You hereby grant and agree to grant TapDealz, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, rrevocable, royalty-free, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Control of Content
Please use caution, common sense, and practice safe buying and selling when using TapDealz.
TapDealz is not responsible for the availability of outside apps or resources linked to or referenced on the App. TapDealz does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such apps or resources. You agree that TapDealz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such apps or resources.
License and Site Access
If you submit material, and unless we indicate otherwise, you grant TecInnoBiz Labs Private Limited and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant TecInnoBiz Labs Private Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TecInnoBiz Labs Private Limited and its affiliates for all claims arising from content you supply. TapDealz has the right but not the obligation to monitor and edit or remove any activity or content. TecInnoBiz Labs Private Limited takes no responsibility and assumes no liability for any content submitted by you or any third party.
TecInnoBiz Labs Private Limited grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TecInnoBiz Labs Private Limited and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TecInnoBiz Labs Private Limited and / or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TecInnoBiz Labs Private Limited or its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing TecInnoBiz Labs Private Limited’s or its affiliates name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by TecInnoBiz Labs Private Limited and / or its affiliates. You are granted a limited, non-assignable, revocable, and non-exclusive right to create a hyperlink to the home page of sellers.TapDealz.com so long as the link does not portray TecInnoBiz Labs Private Limited, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of TecInnoBiz Labs Private Limited or its affiliates as part of the link without their express written permission.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TapDealz or its affiliates or its content suppliers and protected by Europe, United States, United Kingdom, India and international copyright laws. The compilation of all content on this Site is the exclusive property of TapDealz or its affiliates and protected by Europe, United States, United Kingdom, India and international copyright laws. All software used on this Site is the property of TapDealz, its affiliates or its software suppliers and protected by Europe, United States, United Kingdom, India and international copyright laws.
TapDealz, the TapDealz logo, TapDealz Services India, and other marks indicated on our Site are trademarks of TapDealz or its affiliates in the India and other countries. Other TapDealz graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TapDealz or its affiliates. TapDealz and its affiliates’ trademarks a nd trade dress may not be used in connection with any product or service that is not TapDealz or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits TapDealz or its affiliates. All other trademarks not owned by TapDealz or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TapDealz or its affiliates.
You shall indemnify and hold harmless TapDealz and (as applicable), affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement, TapDealz Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
Limitation of Liability
In no event shall TapDealz or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising under, out of, or in connection with, the App, its services or this Agreement (including tortuous claims arising thereof).
TapDealz’s liability in any circumstance is limited to the amount of fees, if any, paid by you to TapDealz. TapDealz, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error free and/or uninterrupted.
TapDealz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Consequently, TapDealz assumes no liability whatsoever for any monetary or other damage suffered by you on account of
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App, which are incorporated by way of reference in this Agreement.
- Any interruption or errors in the operation of the App. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TapDealz has been advised of the possibility of such damages).
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
Unless otherwise explicitly stated, notices to TapDealz must be sent by mail or e-mail to TecInnobiz Labs Private Limited, Plot No 3/16, Kambal Kendra Road Nai Abadi, Mandsaur, M.P, India, Pin – 458001 or firstname.lastname@example.org. Notices to you will be sent to the e-mail address or mail provided by you during the registration process.
In the event that any transaction or attempted transaction relating to any item, good or service violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform TapDealz of the same.
This Agreement sets forth the complete and entire understanding and agreement between You and TapDealz with respect to the subject matter hereof. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as 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 Income Tax, Octroi, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. 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.
You shall not attempt to or circumvent or manipulate our fee structure, the billing process or commission and/or fees owed to TapDealz.