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This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and other applicable law and is generated by a computer system and does not require any physical or digital signatures.

Seller is responsible for ensuring that any “Personal Data” (as defined by the Act) it supplies to the Company has been collected within the terms of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. The Company agrees to process the data in accordance with lawful and reasonable written instructions provided by the Seller.

  1. Applicability to Products

    1. The Company, Upquark Phygitech Private Limited, a private company established under the laws of India, has a TaptoHello (“platform”) which operates and provides two distinct features: Hellostore andHellomall.

    2. Hellostore enables sellers to create and manage their online stores by offering tools for catalogue creation, product collections, promotional offers, discounts, and other relevant links. Sellers on HelloStore can customise and curate their product listings to offer a seamless shopping experience to their social media followers, thereby increasing their chances of better conversion rate.

    3. Hellomall, on the other hand, is a comprehensive fashion marketplace that aggregates various social sellers into a single platform, offering buyers a diverse range of products from designers, fashion sellers, boutique owners, and direct-to-consumer (D2C) fashion manufacturers. Hellomall is designed to provide an enriched shopping experience by offering a curated selection of fashion items from various sellers, creating a dynamic and expansive marketplace.

    4. These Terms and Conditions apply uniformly to both Hellostore and Hellomall, and by accessing or using either of these features, a seller agrees to be bound by the terms outlined herein. TaptoHello reserves the right to modify, update, or amend these Terms and Conditions as necessary, and it is your responsibility to review these Terms periodically to stay informed of any changes that may impact your use of the Company’s products.

  2. Introduction

    1. These terms and conditions (“Terms”) govern the use of services made available on or through TaptoHello website and/or the mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services” ). These Terms also include our privacy policy, available at (“Privacy Policy”) , which form an essential part of these Terms. By accessing and using the Services, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Services. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

    2. The TaptoHello Platform is made available by Upquark Phygitech Private Limited (“Hellomall”, “HelloStore”, “Company”, “we”, “us” and “our”), a private company established under the laws of India, having its registered office at A2-604, Cleo County, Sector 121, Noida, Uttar Pradesh, 201301

    3. "Sellers" refers to individuals or entities who utilize their accounts on the TaptoHello Platform to create and manage their own online stores (“Stores”) which can be accessed by customers. Sellers can also avail various Services including from third party service providers (“Partners”).

      Sellers and the Buyers shall hereinafter be referred to as the "Parties" in the collective and as a "Party" in the singular, as the context may so require.

      The term “Services” refers to any services offered by TaptoHello, including but not limited to:

      • Providing Sellers with access to the TaptoHello Platform, which includes a suite of tools, catalogue, software, features, and functionality. This integrated Software as a Service (SAAS) solution enables Sellers to register, create, and manage customised headless online Stores for Buyers to purchase products.

      • Offering Sellers subdirectory within hello.store Domain to host their Stores, making them accessible to Buyers.

      • Offering SeFacilitating access to a variety of additional services either directly or through our Partners, including but not limited to delivery, logistics, payment solutions, and advertising.

      Collectively, “Services”

      As a Seller, you agree to adhere to the obligations set forth in these Terms. Furthermore, you agree to maintain publicly accessible cancellation and refund policies, terms and conditions, and other relevant policies in compliance with applicable laws. These documents must clearly outline and govern your relationship with Customers who access your Store, ensuring they are adequately informed about the terms of engagement and the manner in which your Store operates.

  3. Purpose and Understanding

    1. These Conditions shall apply as between the Company and the Sellers.

    2. A number of words are used in these Conditions which have special meanings. Where this is the case the relevant words as defined begin with a capital letter. The meanings of these specially defined words and other guides to understanding these Conditions can be found in the Glossary at the end of these Conditions.

  4. Eligibility

    Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, are not eligible to use the Platform. If you are under the age of 18 years, you shall not register as a Seller on the Platform, transact or use the Platform. Company reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Upquark’ notice or discovered that you are under the age of 18 years. Additionally, you affirm that you are legally permitted to use this website and to enter into legally binding agreements under applicable law. Your use of this website constitutes your representation that you meet these eligibility requirements. If you do not meet these requirements, you must not use this website.

  5. Amendments

    1. It is our policy to post any changes we make to our Terms and Conditions on this page with a notice that it has been updated on the Website home page. If we make material changes regarding the membership fees, payment and logistic operations etc, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date Terms and Conditions was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this T&C to check for any changes.

    2. Company reserves the right to modify the Fees for the Services at any time, at its sole discretion. If any such modification occurs, the company will provide you with no less than thirty (30) days' prior notice of the change and notification may be delivered to you via email sent to the Primary Email Account on record, or through any other reasonable means of communication.

    3. You acknowledge and agree that TaptoHello shall not be liable to you or any third party for any modification, adjustment, price change, suspension, or discontinuance of the Services, or any part thereof. Your continued use of the Services following the effective date of any such modification constitutes your acceptance of the amended Fees. Should you not agree with the changes, your sole remedy shall be to cease using the Services.

    4. TaptoHello is operated, and Services are provided in compliance with the laws in India and we shall not be liable to provide any Services to you in locations outside Indian jurisdiction. If you as a Seller access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. Where you use any third-party website or the services of any third party such as a payment gateway or logistics partner, you may be subject to alternative or additional terms and conditions of use and privacy policies.

  6. Services For Sellers:

    1. The Company provides a platform that enables Sellers to build, manage, and operate their online stores on our website (hereinafter referred to as the "Platform"). The Platform offers various tools and services to assist Sellers in setting up their stores, managing product listings, and interacting with customers. Any new features, tools, or services that may be introduced by the Company from time to time shall be subject to these Terms and Conditions. Sellers are encouraged to review these Terms periodically to ensure continued compliance.

    2. By continuing to use the Platform or any Services provided by the Company, or by continuing to operate a Store on the Platform, you, as a Seller, accept and agree to these Terms and Conditions, as well as any amendments or extensions thereof. Please note that certain services provided on the Platform may be offered by third-party partners of the Company. Such third-party partners may have their own terms and conditions ("Additional Terms") that apply to the services they provide. Sellers are solely responsible for reviewing and agreeing to these Additional Terms. In the event of any conflict between these Terms and the Additional Terms, the latter shall prevail concerning the specific services provided by the third-party partner.

    3. Sellers are solely responsible for enabling payment gateways and shipment services into their Stores. The Company shall not be liable for any issues or disputes arising from the use of such payment gateways or shipment services, including but not limited to payment failures, frauds, delays, or shipment errors. Sellers are advised to ensure that their payment and shipment processes comply with all applicable laws and regulations.

    4. Further, all responsibility for any chargebacks, fraud, or related disputes arising from transactions conducted through TaptoHello's platform lies solely with the seller. The seller is responsible for implementing appropriate measures to prevent fraud and for resolving any disputes directly with the buyer or the payment processor. Payment gateway reserves the right to deduct any chargeback or fraud-related amounts from the seller’s account or withhold future payments until such matters are resolved.

  7. Marketing and Communication Clause

    By agreeing to these Terms & Conditions, sellers consents to being contacted by TaptoHello for any marketing or solicitation activities, including but not limited to promotional offers, updates, and information about new products or services. They acknowledge and agree that this consent applies even if they are registered on any "Do Not Disturb" (DND) or similar registry. Further, sellers expressly waive any rights that they may have under such registries to prevent TaptoHello from contacting them for the aforementioned purposes. This consent may be revoked at any time by contacting TaptoHello’s customer service through the provided channels, in which case TaptoHello will cease further marketing communications within a reasonable timeframe.

  8. Charges and Payments

    1. The Company’s Charges for the relevant Services are due and payable as specified in the Terms & Conditions or any Charges Sheet (document setting out the applicable Charges in respect of the Services) and will be made promptly in [INR Indian rupee(s)]. Although we try our best to give you a seamless payment experience, not all payment methods may be available.

    2. Currently, we offer only two models i.e. Monthly Subscription and Transaction Fee. Under Monthly Subscription - A monthly subscription fee of INR 999 + GST (subjected to be revised anytime without any prior notice) and under Transaction Fee - A transaction fee of 4% + GST will be charged on every successful transaction. This transaction fee will be adjusted upfront from the settlement amount. Please note that the transaction amount shall not be refunded with the amount if your order is cancelled/returned. Additionally, there will be a non refundable Merchant Discount Rate (MDR) of 2% + GST that will be debited upfront from the settlement amount by the Payment Gateway Service provider for each successful online transaction via the Payment Gateway. We reserve the right to change the monthly subscription fee and Transaction fee with or without prior notification.

    3. If any payments remain outstanding for more than 30 days, the Seller access to the Services may be suspended. Further, The company won't be responsible for any loss of sale, opportunity, reputation or experience if the seller account gets suspended due to non-payment. The Seller agrees to pay all fees incurred by the Company in collecting outstanding Charges or sums.The Company shall be entitled to vary its standard Charges from time to time by giving not less than 30 days’ written notice to the Client.

  9. Account Registration, Password Protection, and Security

    1. For Seller:

      1. To access and use the TaptoHello Platform and its Services, you must register and create an account ("Account") by submitting all required KYC (Know Your Customer) documents. This Account is personal to you and non-transferable. It is intended exclusively for your use, and only you, as the registered account holder, are authorised to access and operate it. If you permit any third party to use your Account on your behalf, you must inform us in advance and obtain our written consent. You agree to provide and maintain accurate, current, and complete information (“Account Information”). We reserve the right to suspend or terminate your Account if any provided information is inaccurate, outdated, or incomplete, or if your actions could create legal liability for you, other users, or the Company.

      2. Additionally, you are required to link your Account with third-party services, such as payment gateways and shipment integration, to facilitate transactions and deliveries. The responsibility for ensuring the proper and secure integration of these third-party services with your Account lies solely with you.

  10. Indemnification and Limitation of Liability

    1. You agree to indemnify, defend, and hold harmless the Company, including its affiliates, vendors, representatives, directors, shareholders, agents, and employees, from any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and interest) arising from or related to any breach or non-performance of your obligations under these Terms. This includes, but is not limited to, any claims by third parties due to your use of the TaptoHello Platform, any damages caused by your material to third parties, or your violation of these Terms or any rights of others, including intellectual property rights.

    2. Notwithstanding any contrary provisions, the Company’s total liability to you under these Terms shall be limited to the amount paid by you for the Services, which may give rise to the liability. Under no circumstances shall the Company, its officers, directors, shareholders, employees, partners, or suppliers be liable for any special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits, regardless of foreseeability or prior notice of potential damages, arising from or in connection with your use of or access to the TaptoHello Platform, Services, or content.

    3. The Company is not responsible for any non-performance or breach of contracts between sellers and third-party service providers. The Company does not guarantee the performance of any transactions entered into on the TaptoHello Platform and shall not mediate or resolve disputes between users and third-party service providers. The Company does not hold any rights, title, or interest in the products sold through the Stores, nor does it assume any obligations or liabilities related to such transactions. These limitations and exclusions apply to the fullest extent permitted by applicable law.

  11. Term and Termination

    1. These Terms shall remain effective as long as you continue to access and use the TaptoHello Platform. The Company reserves the right to suspend or terminate your access to the Platform and its Services, at its sole discretion, at any time, including but not limited to instances where you are found to be in breach of these Terms.

    2. Upon termination of your Account, all rights granted to you under these Terms will immediately cease, and your access to the TaptoHello Platform will be revoked. The Company shall not be liable for any consequences, including loss of data, resulting from the termination of your Account or rights under these Terms.

    3. Termination does not relieve you of any obligations accrued before termination, nor does it limit any liability you may have to the Company or any third party. The Company reserves the right to pursue all legal remedies available to it, including injunctive relief, in case of any breach of these Terms. Further, if Company does take any legal action against you as a result of your violation of these Terms, Company will be entitled to recover from you, and you agree to pay all reasonable advocate fees and costs of such action, in addition to any other relief granted to Company.

  12. Obligation of Seller

    As a user of the TaptoHello Platform, you agree to the following obligations:

    1. Seller shall comply with all applicable laws, regulations, and guidelines in your use of the TaptoHello Platform and Services. You agree not to engage in any unlawful activities or violate these Terms. Further, sellers are responsible for all content and materials you upload or post on the TaptoHello Platform. Seller must ensure that his content is accurate, lawful, and does not infringe on the rights of others.

    2. Sellers are not to use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the TaptoHello Platform, or Services for any purpose. In addition, you are supposed to provide public-facing contact information, a refund policy and order fulfilment timelines on your Store.

    3. Sellers operate each store that is an e-commerce platform, which will need to comply with applicable laws for e-commerce activities. Further. Sellers have to comply with the list of permitted and restricted goods and services that can be offered through the Stores.

    4. Seller is solely responsible for the goods or services that you may sell through the Stores (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.

    5. Sellers shall determine and manage inventory, pricing, discounts, offers, and promotions on their Store, and handle all related tax and legal obligations.

    6. Sellers agree to use the Platform and Services only for their intended purposes and through the interface provided by TaptoHello. Unauthorised use of the Platform, such as employing automated tools or engaging in activities that disrupt the Platform, is prohibited.

    7. Seller shall not discriminate against any Customer based on unlawful metrics, including race, religion, gender, or age. Any verified instance of discrimination may result in immediate termination of your access to the Platform.

    8. Seller shall not attempt to gain unauthorised access to any part of the TaptoHello Platform or engage in activities that compromise the security of the Platform or any associated networks. Further, sellers must respect the privacy of others and comply with all relevant privacy laws and shall not misuse personal information obtained through the TaptoHello Platform.

    9. Sellers agree not to upload or share content that is illegal, harmful, or offensive, including content that infringes on the intellectual property rights of others or violates applicable laws.

    10. Seller shall not make any negative, denigrating, or defamatory statement(s) / comment(s) about TaptoHello or its subsidiary, the brand name or domain name used by us, including Upquark Phygitech Pvt Ltd, its affiliates and associated entities, or otherwise engage in any conduct or action that might tarnish the image or reputation of Upquark Phygitech Pvt Ltd or Sellers on the platform or otherwise tarnish or dilute any Upquark Phygitech Pvt Ltd trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Upquark Phygitech Pvt Ltd’s systems, networks, or any systems or networks connected to Upquark Phygitech Pvt Ltd.

    By using the TaptoHello Platform, you agree to adhere to these obligations, and failure to do so may result in suspension or termination of your Account, without liability to TaptoHello.

  13. Company's Rights

    1. TaptoHello reserves the right to modify, update, or discontinue any aspect of the Platform or Services at any time, without prior notice. This includes but is not limited to changes in the functionality, features, or availability of the Platform or Services.

    2. You grant TaptoHello, along with our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, and publicly display your materials across any media worldwide for any purpose, including to provide, promote, and/or integrate them into the services.

    3. You retain all rights to your materials, subject to the rights granted to us under these terms. You may modify or remove your materials through your account or by terminating your account, but your materials may still exist in historical, archived, or cached versions accessible through the services.

    4. TaptoHello isn’t liable for any violations of laws related to products and services offered by merchants in their stores.

    5. TaptoHello has the right to disclose any information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests. This includes the right to cooperate with law enforcement authorities or other third parties in the investigation of alleged illegal activities or violations of these Terms.

    6. TaptoHello does not make any representations or warranties about the specifics (such as quality, value, and saleability) of the products or services proposed for sale by the seller on their website. TaptoHello does not support or endorse the sale or purchase of any products or services on the seller's website or the platform. TaptoHello is not liable for any errors or omissions by the seller or third parties regarding the products and services listed on the seller's website.

    7. TaptoHello reserves the right to update, amend, or revise these Terms and any other policies or guidelines at any time. Users will be notified of any significant changes, and continued use of the Platform following such changes constitutes acceptance of the updated policies.

    8. All commercial and contractual terms for purchasing products from sellers are set by the sellers on their websites. These terms, including product details, pricing, shipping costs, payment methods, delivery dates, and warranties or after-sales services, are agreed upon directly between the sellers and buyers on the sellers' websites (HelloStore). TaptoHello does not set, advise on, control, or participate in these commercial or contractual terms between sellers and buyers.

    9. The Company makes no express warranties and specifically disclaims any implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the performance of Services under the Contract and these Conditions to the extent permissible by law.

    10. The Company does not pre-screen any materials, products, or content ("Materials") that you display on your Store. We reserve the right, at our sole discretion, to refuse or remove any Materials from our Services if we determine they violate these Terms. All commercial terms, such as pricing, delivery, and dispatch of products or services, are strictly between the Seller and his customers as part of a direct contractual relationship. The Company has no control over, and assumes no liability for, the products or services listed on Seller’s Store. Additionally, the Company does not guarantee the identity of any third party or that any transaction between a Customer and a third party will be completed.

    11. Any dispute in connection to the third-parties services shall be settled between the sellers and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

  14. Intellectual Property

    1. All content, features, and functionality provided on or through the TaptoHello Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the arrangement thereof (collectively, "Company Content"), are the exclusive property of TaptoHello or its licensors and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and patent laws.

    2. You acknowledge that TaptoHello and/or its licensors retain full ownership of all Company Content made available on the Platform. This includes all intellectual property rights associated with the Platform and the Services offered therein. Your use of the Platform does not grant you any rights or licenses to use any Company Content except as expressly provided in these Terms.

    3. All trademarks, service marks, trade names, logos, and other identifiers used on the TaptoHello Platform (collectively, "Trademarks") are proprietary to TaptoHello or its licensors. You may not use, copy, reproduce, or distribute any Trademarks without the prior written consent of TaptoHello.

    4. If you believe that any content on the TaptoHello Platform infringes your intellectual property rights, you may notify us by providing a written notice to our designated contact address. The notice should include sufficient details to identify the alleged infringement and your contact information. TaptoHello will investigate and take appropriate action, which may include removing the infringing content.

    5. You must not host, display, upload, modify, publish, transmit, store, update, or share materials that:

      • Involve stealing or publishing information belonging to others, including personal, non-personal, and information, photographs, images, products without the necessary consent or license.

      • Impersonate any person, including the Company, our affiliates, designated partners, directors or shareholders, representatives, employees, or another user/player.

      • Are illegal, misleading, fraudulent, invasive of someone’s privacy (including bodily privacy), harmful, abusive, insulting, or tortious, defamatory, vulgar, sexually explicit, pornographic, paedophilic, libelous, obscene, hateful, racially or ethnically offensive, inappropriate, profane, indecent, or related to or encouraging money laundering or gambling, or otherwise violate the laws in force.

      • Depict any individual in full or partial nudity, show or depict any individual engaged in sexual acts or conduct, or involve impersonation in electronic form, including artificially morphed/AI-generated images.

      • Infringe on any intellectual property rights, including patents, trademarks, moral rights, trade secrets, copyrights, service marks, or other proprietary rights of any individual or entity.

      • Take advantage of, exploit, deceive, or mislead any other user about the origin of the message, or knowingly communicate any information that is patently false or untrue, with the intent to mislead or harass a person, entity, or agency (especially for financial gain or to cause harm) as determined in our sole discretion.

      • Contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.

      • Violate any applicable law, rule, or regulation in connection with your access to or use of the TaptoHello platform or services.

      • Threaten the unity, integrity, defense, security, or sovereignty of India, harm relations with foreign states, disrupt public order, go against decency or morality, result in contempt of court, incite the commission of any offense, hinder the investigation of any offense, or insult any other nation.

  15. Seller Responsibilities

    1. You shall at all times ensure full compliance with the applicable provisions of the Information Technology 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 Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, 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.

    2. 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.

    3. You as a seller acknowledge and confirm that TaptoHello reserves the right to offer its services to your competitors and do not guarantee exclusivity.

    4. You are allowed to have only one account and are not permitted to create multiple accounts with the same KYC documents. TaptoHello reserves the right to suspend any additional accounts without being liable for any compensation if you have created more than one account on the TaptoHello platform.

    5. In case of a dispute related to the store ownership, company reserves the right at its sole discretion, to temporarily suspend the store or disable the account until the dispute is resolved through legal means between both parties, without affecting our other rights and remedies till the time rightful owner of an account and may transfer the account to the legitimate store owner as per the decision of court of law. The company has no role to play in any of these type of ownership conflicts.

    6. You grant us, along with our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, and publicly display your materials across any media worldwide for any purpose, including to provide, promote, and/or integrate them into the services.

    7. You retain all rights to your materials, subject to the rights granted to us under these terms. You may modify or remove your materials through your account or by terminating your account, but your materials may still exist in historical, archived, or cached versions accessible through the services.

    8. TaptoHello Intellectual Property

      • You agree not to use any trademarks, logos, or service marks of TaptoHello, HelloStore and HelloMall whether registered or unregistered, including but not limited to the word mark TAPTOHELLO, HELLOSTORE, MYHELLOSTORE and HELLOMALL (“TaptoHello Trademarks”) unless you have written authorization from us.

      • You agree not to use or adopt any marks that could be confusingly similar to the TaptoHello Trademarks. Any variations or misspellings of the TaptoHello Trademarks will also be considered confusingly similar to the TaptoHello Trademarks.

      • You agree not to purchase, register, or use search engine or pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including top-level domains, sub-domains, and page URLs) that include TaptoHello, HelloStore, HelloMall or TaptoHello Trademarks or any terms that might be confusingly similar to the TaptoHello Trademarks.

    9. Seller shall not make any negative, denigrating, or defamatory statement(s) / comment(s) about TaptoHello or its subsidiary, the brand name or domain name used by us, including Upquark Phygitech Pvt Ltd, its affiliates and associated entities, or otherwise engage in any conduct or action that might tarnish the image or reputation of Upquark Phygitech Pvt Ltd or Sellers on the platform or otherwise tarnish or dilute any Upquark Phygitech Pvt Ltd trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Upquark Phygitech Pvt Ltd’s systems, networks, or any systems or networks connected to Upquark Phygitech Pvt Ltd.

  16. Miscellaneous

    1. If any part of this Agreement shall be declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of this Agreement.

    2. n the event of a force major event that prevents, or hinders performance hereunder, no default or liability for non-compliance occasioned thereby during the continuance thereof shall exist or arise on Company.

    3. Company do not endorse any Seller who operates on TaptoHello Platform. Although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is a purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users of the TaptoHello Platform.

    4. We process information provided by you to us in accordance with our Privacy Policy, available ______

    5. These terms shall be governed by and interpreted in accordance with the laws of India The Licensee hereby consents to submit to the personal jurisdiction of Delhi for all the purposes in connection with these terms. Each Party shall pay its own fees, and other charges of its counsel.

    6. Seller shall not assign or transfer or purport to assign or transfer the contract to any other person. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking your consent.

    7. To ask questions or in case of any queries about these terms and our privacy practices, contact us at:support@taptohello.com

  17. DISCLAIMERS

    • The TaptoHello platform may undergo regular updates, which means some features might not always work perfectly. The company isn’t liable if the TaptoHello platform is unavailable due to maintenance or unexpected technical issues beyond our control.

    • The company won’t be responsible for any mistakes or missing information provided to you by us or third parties.

    • You understand that third parties may create stores on the TaptoHello platform or partner with us to offer services. While we may work with these third parties to provide certain services, we don’t guarantee their services, and we’re not liable for any issues, including harm, damage or loss that you or others may experience.

    • We won’t be liable for any damages (including direct, indirect, incidental, or special damages) that result from services provided by third parties or merchants accessed through the TaptoHello platform, even if we’ve been informed about the possibility of such damages.

    • You agree to waive any claims against us regarding products or services offered by third parties, merchants, or partners.

    • The company isn’t responsible for any losses you might experience if someone uses your account without permission, whether you know about it or not.

    • If you download any material or data from the TaptoHello platform, you do so at your own risk, and you’re responsible for any damage to your computer or loss of data.

    • By using the TaptoHello platform, you agree to do so at your own risk.

    • We’re not responsible for any issues that arise from unauthorized use of your credit, debit cards or bank accounts.

    • Even though the materials on the TaptoHello platform are meant to be accurate, we don’t guarantee or endorse the qualifications, expertise, or quality of work mentioned. We aren’t responsible for any decisions or actions you take based on the information provided.

    • We won’t be responsible for any losses or injuries related to the information provided on the TaptoHello platform. Neither we nor our employees, affiliates, authors, directors, shareholders or agents will be liable for any decisions or actions you take based on the content here.

    • You acknowledge and agree that the Services are not a marketplace. Any sales contract made through the Services is directly between you and your customer. You are the seller of record for all items sold through the Services. You are responsible for managing your HelloStore, your materials, the goods and services you offer, and all aspects of transactions with your customers. This includes authorizing customer charges, handling refunds and returns, fulfilling sales, providing customer service, managing fraudulent transactions, making required legal disclosures, ensuring regulatory compliance, and addressing any alleged or actual legal violations (including consumer protection laws) or breaches of these Terms of Service. You warrant that your Store, your materials, and the goods and services you sell will be accurate, complete, and compliant with applicable laws and regulations, and will not infringe on the rights of third parties. To clarify, TaptoHello is not the seller or merchant of record and assumes no responsibility for your Store or items sold through the Services.

    • We also can’t guarantee that the results you get will be accurate or reliable, or that any issues will be fixed. The company isn’t liable for any problems related to user content, including misuse or loss of content.

    • TaptoHello isn’t liable for any violations of laws related to products and services offered by merchants on their stores.

  18. Glossary

    In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:

    Additional Services any other services other than the Services agreed to be provided by the Company to the Seller on agreed terms and set out as such in the Services Sheet or specification;

    Charges the Company’s charges as set out on the Charges Sheet or the Contract and from time to time for the provision of the Services unless otherwise expressly agreed with the Client;

    Charges Sheet the sheet or document setting out the applicable Charges in respect of the Services;

    GST/ VAT means Value Added Tax or Goods and Services Tax, as applicable.

    Company Material any Documents or other materials, and any data or other information provided by the Company in connection with or relating to the Services.