ServiceMela Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.servicemela.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned & operated by ServiceMela Online Private Limited (which is a registered company under the Companies Act, 2013, with CIN:U72900WB2021PTC242334 and registered office at Holding No. 827, Vill+P.O - Dahijuri, Jhargram, West Bengal - 721504, India) and its affiliate(s): ServiceMela, Inc. (651 N Broad St, Suite 201, Middletown, DE, USA),(hereinafter referred to as “ServiceMela”), as applicable .

These Terms along with the Privacy Policy published on the Platform (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and ServiceMela (collectively “Terms of Use”). By use of the Platform, Users agree to be bound by the Terms of Use as posted on the Platform from time to time.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person using the Platform. The term "We", "Us", "Our" shall mean ServiceMela.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Service Reviews, Seller Reviews, Buyer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.

Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including 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 may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. ServiceMela reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to ServiceMela's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

To use the Platform, You can create an account(“Account”) with Your phone number as Your primary identifier on the Platform. For logging in to Your Account, You can additionally use your e-mail address and Password.

You shall be responsible for maintaining the confidentiality of your Password.

You shall be responsible for all activities that occur under your Account.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that ServiceMela shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.

ServiceMela allows the User to surf the Platform without registering on the Platform

Depending upon the nature of Your usage of the Platform, You may be required to provide certain personal information and ServiceMela may collect certain personal information. Your provision of, and ServiceMela's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by ServiceMela's Privacy Policy, which is available at https://www.servicemela.com/page/privacy-policy .

In the course of Your use of the Platform, You agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Seller and/or an Affiliate User :

Complete Name

Complete Address

Complete Contact details

Grievance Officer details for Consumer Complaints

Phone no

Email Address

GSTIN

PAN

Business Pan

Pin code, Registered Address

Bank A/c Details

Account Holder Name,

Cancelled Cheque

Signature, Display Legal Name,

Legal Name/Trade Name, Contractual information (SLA)

Total price in single figure of any service (break up price/charges, if any)

Relevant details of services

Relevant guarantee or warranties applicable to all Services You are selling on the platform

You acknowledge and agree that You must possess the necessary licences and permits required by all applicable laws for the sale of Your Services on the Platform. You are responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. Should You provide any false, misleading, outdated, or incomplete information, or if We have justifiable reason to believe that Your information is false, misleading, outdated, incomplete, or in violation of the ToU, We reserve the right to suspend or terminate Your account on the Platform or indefinitely block you from accessing the Platform.

Communications

By utilising the Platform or transmitting electronic communications to Us, You acknowledge and consent that You are engaging in electronic communication with Us and authorise Us to communicate with You via electronic records periodically and as necessary. You understand that We may employ email or other electronic means to communicate with You.

Account Deletion

Upon request, ServiceMela has the legal authority to effectuate a permanent deletion of Your Account. However, prior to closing Your Account, it is imperative that You take the following important considerations into account:

There must not be any active Transactions under your Account for you to be able to close your Account. It is not possible to reuse any Usernames or phone numbers or email addresses associated with a closed Account in the future.

In accordance with Our established guidelines, in the event that a User submits a request to delete their Account, the Account shall be suspended for a period of 30 days to guarantee the seamless conclusion of any Transactions made before the closure request. After this period, their Account shall be deleted while certain information, including but not limited to registered mobile numbers, registered email addresses, GSTIN, and Transactional data, will be retained by ServiceMela to prevent fraudulent activities and ensure compliance with audit requirements.

Platform for Transaction and Communication

The Platform is a platform that Users use to independently find and interact with one another for their Transactions. ServiceMela is not and cannot be a party to any transaction or dispute between Users on the Platform.

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to Services and after sales services. ServiceMela does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

The act of a Buyer placing an order with a Seller on the Platform shall be considered as an offer made by the Buyer to purchase the Service(s) in the order from the Seller, and not as an acceptance by the Seller of the Buyer's offer to purchase the said service(s). The Seller reserves the right to, at its sole discretion, cancel any order placed by the Buyer, and the Buyer shall be notified of such cancellation via email or SMS. In case of such cancellation, any amount paid/authorised by the Buyer shall be refunded/reversed to them. ServiceMela hereby disclaims any liability for any failure to perform or breach of contract arising from any transaction between Buyers and Sellers. ServiceMela expressly disclaims any guarantee as to the performance of any transaction entered into by Buyers and/or Sellers on the Platform. ServiceMela is not obligated to engage in mediation or dispute resolution in connection with any disputes or disagreements between Buyers and Sellers.

ServiceMela is not responsible for any non-performance or breach of any contract entered into towards User Transactions. ServiceMela cannot and does not guarantee that the concerned Sellers will perform any transaction concluded on the Platform. ServiceMela shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned including with any other third party.

ServiceMela does not represent any of the Users, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Users displayed on the Platform.

ServiceMela does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. ServiceMela shall not be liable for any misuse of information shared by Users with it; or through the Users’ profile; or with a third party on the Platform, chat rooms, forums, or comments.

Users acknowledge and agree that ServiceMela is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Seller selling any Service on/through the Platform has the right to sell the Services. ServiceMela encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third-party rights.

Payments

Presently, ServiceMela does not levy any fee for browsing the Platform or placing orders. ServiceMela may charge Users certain fees for the use of the Platform as a whole, or certain features of the Platform. You agree to pay any such fees, as may be applicable to the Services that You use. ServiceMela will try to ensure that You are made aware of the applicability of any fees for a particular use of the Platform, as well as the amount of fees payable by You for any such use of the Platform. You agree that ServiceMela may, at any time, charge, modify or waive fees required to use the Platform. Your continued use of the Platform after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for Transactions on the Platform. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any Transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. ServiceMela expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

ServiceMela may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a Buyer) or receive (if You are a Seller) in the course of a single Transaction. ServiceMela will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, ServiceMela shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by ServiceMela with its bank from time to time.

For Your making/authorising payments for Transactions on the Platform, in addition to the Terms of Use, the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making/authorising electronic payments for Transactions on Platform and ServiceMela does not control the same and ServiceMela shall not be liable for the same.

Payment Facility for Your order(s): ServiceMela may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. Buyers and Sellers and for collection of ServiceMela's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. User signing up/verifying their account for payment facilitation agree to the applicable Payment Gateway terms (Razorpay Terms). ServiceMela shall initiate the remittance of the payments made/authorised by You for Your order(s) on the Platform once the order(s) is marked completed by the Seller and the date of completion of Transaction shall be after the order(s) is marked completed by the Seller. If the order is not marked completed by the Seller as per these Terms of Use and ServiceMela’s Cancellation & Refund Policy then the payment shall be refunded/reversed as per ServiceMela’s Cancellation & Refund Policy.

If the bank imposes any chargebacks, ServiceMela reserves the right to offset such chargebacks from any present or future remittances owed to the Seller, and the Seller's only recourse will be to address and settle the matter with the bank. The Seller acknowledges and agrees to provide full cooperation in resolving any chargeback disputes raised by a Buyer through the bank, and shall furnish all necessary documentation pertaining to the transaction to the complete satisfaction of the bank. Should the chargeback decision go against the Seller, ServiceMela shall be entitled to fully recover the amount owed by the Seller, and the bank's ruling shall be considered final and binding. In the event that Servicemela has unintentionally overpaid the Seller, any excess payments made shall be adjusted from any future payments that Servicemela owes to the Seller.

ServiceMela reserves the right to delay the notification of payment confirmation/authorization and informing the Seller about the Order in case of any suspicious activities or high transaction volumes conducted by a Buyer. This is done to ensure the safety of the transaction and transaction price. Furthermore, Servicemela may hold transaction prices and not inform Sellers to despatch or remit transaction prices to law enforcement officials at the request of law enforcement officials or if the Buyer is found to be involved in any illegal activity. This action will be taken instead of refunding the same to a Buyer.

‌Sellers hereby acknowledge that Servicemela shall not be held liable for any damages, interests, claims, or other legal actions arising from the non-processing of a transaction or transaction price, or from any delay in processing such transaction or transaction price that is beyond the reasonable control of ServiceMela.

Upon completion of the payment requirements by the Seller, Servicemela shall remit payments into the bank account furnished by the Seller. Upon such payment being made into the bank account, Servicemela shall be absolved of any and all responsibilities owed to the Seller, and the Seller shall be precluded from making any claims whatsoever.

Use of Platform

As long as You comply with these Terms of Use, ServiceMela grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Use of the Platform

You acknowledge and agree that ServiceMela and its Platform serve only as a host for registered Users and visitors. The content and items advertised or listed on the Platform are provided by third-party Users, and ServiceMela assumes no responsibility or liability for such User-generated content. ServiceMela is not responsible for the initiation or transmission of information, nor does it select the sender or receiver of the transmission, or modify the information contained in the transmission. ServiceMela acts solely as an intermediary and does not intervene in the transaction between buyers and sellers.

Furthermore, You agree to follow the following binding principles governing Your use of the Platform:

You are prohibited from engaging in various activities on the Platform, including hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, 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;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorised copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (‌ a minor or an adult).

(n) tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

(o) engages in commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, ServiceMela 's prior written consent means a communication coming from ServiceMela 's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

(q) interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes 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 or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(y) contains software viruses or any other computer code, files or programmes 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;

(y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

2. Using any automated device, programme, algorithm, or methodology such as deep-linking, page-scraping, robots, or spiders, or any manual process that is equivalent or similar to those aforementioned, to copy, access, or monitor any part of the Platform or Content, or to duplicate or circumvent the navigation structure or display of the Platform or any Content, for the purpose of acquiring or attempting to acquire any information, documents, or materials that are not intentionally provided through the Platform, is strictly prohibited. Any such activity may result in the prohibition of access to the Platform.

3.Any individual or entity is prohibited from intentionally accessing any part of the Platform or its connected systems and networks, or any server, computer, network, or service provided through the Platform without authorization. Such actions include, but are not limited to, hacking, password mining, or any other means that violate the established terms of use.

4. It is the User's legal obligation to avoid undertaking any unauthorised probing, scanning, or testing of the Platform's vulnerabilities, or any interconnected networks. Furthermore, You must refrain from attempting to breach the security or authentication protocols established by the Platform or its associated networks. Reverse look-ups, tracing, or any other attempts to obtain information from other Users, visitors, or customers of the Platform are strictly prohibited, as are any actions aimed at exploiting the Platform, or any of its associated services or data, with the intent to reveal any information that pertains to the personal identification of individuals, with the exception of the data that concerns Your own identity, and that is authorised by the Platform. Failure to follow these legal obligations may result in serious legal and financial consequences.

5. User are hereby enjoined and restrained from publishing or making any adverse, disparaging or libellous statement(s) or comment(s) that could injure, undermine, or defame Our person, Our trade, or any of Our brand names or domain names, including ServiceMela,ServiceMela.com, or engaging in any act or conduct that could bring into disrepute or dilute any ServiceMela's intellectual property rights, trade name, or goodwill in relation to such intellectual property rights or trade names as may be owned or used by Us. You further agree not to commit any act that unreasonably overloads the infrastructure of the Platform or ServiceMela's systems or networks, or any systems or networks connected to ServiceMela.

6. You acknowledge and affirm that You shall refrain from utilising any mechanism, programme, or procedure to obstruct or endeavour to obstruct the adequate functionality of the Platform or any transaction being carried out on the Platform, or to hinder any other individual's utilisation of the Platform.

7. It is strictly prohibited for You to fabricate headers or otherwise manipulate identifiers in order to conceal the source of any message or transmittal that You submit to Us via the Platform or any service offered on or through the Platform. You are prohibited from assuming the identity of another person, or impersonating any individual or entity. Any attempt to do so shall be regarded as a violation of the law and subject to criminal prosecution. Furthermore, such actions may result in severe civil penalties, as well as immediate termination of Your access to the Platform and any services offered on or through it.

8. It is impermissible for You to employ the Platform or any of its content for any purpose that breaches the provisions set forth in these Terms of Use. Furthermore, You must abstain from requesting the execution of any illicit acts or other acts that violate the lawful entitlements of ServiceMela or other parties.

9. It is mandatory for You to ensure absolute adherence to the Information Technology Act, 2000 and its relevant regulations as amended periodically, as well as all other pertinent domestic laws, regulations, and rules (including any prevailing exchange control laws or regulations) and international laws, foreign exchange laws, statutes, ordinances, and regulations (including but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) concerning Your utilisation of Our service and Your listing, solicitation of offers to purchase, purchase, and sale of goods or services. Under no circumstances should You engage in any transaction concerning an item or service that is prohibited by the provisions of any applicable law, including exchange control laws or regulations that are currently enforced.

10. To facilitate the lawful use of the information provided by You, and to ensure that no infringement of Your rights occurs with regard to Your information, You hereby consent to granting Us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, and sub-licensable (through multiple tiers) right to exercise any copyright, publicity, database, or other rights that You possess in Your information in any known or unknown media. We shall use Your information strictly in accordance with the Terms of Use and Privacy Policy governing the use of the Platform

11. At intervals, it shall be incumbent upon You to furnish particulars regarding the commodities or amenities intended for vending by You. In this regard, You warrant that all such particulars shall be precise and truthful without exception. You shall refrain from inflating or overstating the features of said commodities or amenities to deceive other Users in any way.

12. You are prohibited from engaging in any marketing or sales activities with other Users on the Platform, including the promotion of any products or services related to the Platform or Our company, without Our explicit consent. Sending unsolicited commercial emails or chain letters to other Users on the Platform is strictly forbidden. Using information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise, solicit, or sell to another person without Our prior consent is considered a breach of these Terms of Use. To prevent such actions; We reserve the right to limit the number of messages or emails that a User can send to other Users within any 24-hour period, as deemed appropriate in Our sole discretion. You acknowledge that We have the right to disclose any information obtained from the Platform, including the identity of individuals providing information or materials on the Platform. as required to comply with any applicable laws, regulations, or governmental requests. This may include disclosing information related to the investigation of suspected illegal activities or solicitation of illegal activities, as well as in response to a court order or subpoena. Moreover, We may, at Our discretion, disclose any information about you to law enforcement or other government officials as We consider necessary or appropriate in connection with the investigation and resolution of possible crimes, particularly those that may result in personal injury.

We hereby reserve the right to engage in monitoring activities with respect to the materials posted on the Platform. ServiceMela reserves the right to alter or remove any content that, in its sole discretion, violates or is suspected to violate any applicable laws or either the letter or spirit of these Terms of Use. Notwithstanding the foregoing, it is important to note that YOU REMAIN EXCLUSIVELY RESPONSIBLE FOR ALL CONTENT POSTED ON THE PLATFORM AND THROUGH YOUR PRIVATE MESSAGES. Please be aware that such posted content may not necessarily reflect the views of ServiceMela. Under no circumstances shall ServiceMela assume or bear any responsibility or liability for any claims, damages, or losses arising from the use or appearance of Content on the Platform. You hereby affirm and warrant that You possess all the necessary rights to all Content which You provide, including any and all information contained therein, and that such Content shall not violate any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Any communication or commercial transactions carried out by You with advertisers discovered on or through the Platform, encompassing remuneration and transfer of associated goods or services, along with any other provisions, clauses, guarantees, or attestations related to such transactions, are exclusively between You and the aforementioned advertiser. We shall not be held accountable or liable for any harm or impairment of any kind acquired as a consequence of such transactions or from the presence of such advertisers on the Platform.

The Platform may be susceptible to unauthorised access or hacking by individuals who may post or transmit offensive or obscene materials, exposing You to such content without Your consent. Moreover, Your personal information may be obtained by third parties through Your use of the Platform, and may be exploited to harass or harm You. While We do not endorse such unauthorised activities, Your use of the Platform acknowledges and consents to Our lack of responsibility for any personal information You publicly disclose or share with others on the Platform. It is Your responsibility to exercise caution in choosing the type of information You share or disclose to others on the Platform.

ServiceMela reserves the unequivocal right to exercise any and all legal remedies and seek compensatory damages resulting from Your direct or indirect involvement, whether individually or as part of a collective. in any form of DoS/DDoS (Distributed Denial of Services), whether done with malicious intent or otherwise.

If You opt to engage in browsing or conducting transactions on the Platform using the voice command-based shopping feature, you hereby acknowledge and accept that ServiceMela and/or its affiliates will gather, preserve, and utilise Your voice inputs for said feature in order to personalise Your experience. provide supplementary functionalities, and advance ServiceMela’s and/or its affiliates’ products and services. ServiceMela and/or its affiliates’ usage of Your voice data will adhere to the provisions specified in the ServiceMela Privacy Policy. You affirm that Your usage of this feature is limited to the geographical region of the Republic of India. This feature may not be accessible on certain devices and requires a stable internet connection. ServiceMela reserves the right to modify, enrich, suspend, or discontinue this feature, or any segment of it, at any moment without prior notification to You. Your sustained utilisation of this feature represents Your acquiescence to the clauses related to this feature.

You understand and acknowledge that the Platform's translation features for languages other than English are provided for Your convenience only and on a reasonable effort basis. ServiceMela makes no express or implied representation or warranty regarding the accuracy, completeness, reliability, or error-free nature of the translations. ServiceMela disclaims any and all liability arising from or related to the use of the translation/transliteration features on the Platform. Certain features and sections of the Platform may not be translated into the language You select, and in such cases, the English version shall be considered the definitive version. In the event of any inconsistency or conflict between the translated terms and the English version available on the Platform, the English version shall prevail. This feature may not be available on certain devices. ServiceMela reserves the right to modify, enhance, suspend, or terminate this feature or any part of it at any time, without prior notice to You.

ServiceMela platform uses Google Maps API(s) and Places API(s) to provide location-based services. By accessing and using ServiceMela, you agree to be bound by Google's Terms of Service.

You can find Google Maps Platform Terms of Service here.

Contents Posted on the Platform

All text, graphics,audio files, videos, user interfaces, visual interfaces, photographs, trademarks, logos, music and artwork (collectively, "Content"), is a third party user generated content and ServiceMela has no control over such third party user generated content as ServiceMela is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without ServiceMela's express prior written consent.

You may use information on the Services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and the purposes set forth in the Terms of Use and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Platform, including but not limited to rights of personality and rights of privacy, or affecting or relating to Services that are offered or displayed on the Platform, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT POSTED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT POSTED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Disclaimer Of Warranties & Liability

This Platform, all the materials and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ServiceMela does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

ServiceMela will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. ServiceMela does not warrant that this site; information, Content, materials, services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of errors, viruses or other harmful components.

Nothing on the Platform constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number for accessing certain Account related features on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any Account related updates.

Other Laws

Users, in addition to these Terms of Use are also bound by applicable laws of India, including without limitation, the following laws:

The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);

Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);

The Consumer Protection (E-Commerce) Rules, 2020;

Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).

As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, it shall be the sole responsibility of User to comply with applicable laws and ServiceMela shall not be held responsible in any manner. Users shall indemnify ServiceMela and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.

Charges

Registration on the Platform is free. ServiceMela does not charge any fee for browsing / registering on the Platform. However, before you list a Service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into these Terms of Use. ServiceMela reserves the right to change its fee policy from time to time. In particular, ServiceMela may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, ServiceMela reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to ServiceMela. You shall be solely responsible for compliance with all applicable laws for making payments to ServiceMela. You hereby agree that ServiceMela shall have the right to set off any amounts due and payable by You to ServiceMela against any payments due from ServiceMela to You.

GST / Taxes

As the User of the Platform, You shall assume full responsibility for the payment of all fees related to its utilisation, along with the collection of charges incurred in connection with such usage. Furthermore, You hereby consent to bear any and all relevant taxes, charges, and cesses imposed on said fees (inclusive of but not limited to CGST+SGST / IGST / CGST + UGST and GST, as may be pertinent to the transaction).

For certain categories of Transactions, as and when notified by the Government, the Platform might be required to issue invoices and/or pay/deduct taxes.

The Seller explicitly acknowledges and agrees that except in cases where the Platform is required to issue invoices and/or pay/deduct taxes by any Government Law or Regulations, the duty to issue accurate and comprehensive invoices lies solely and primarily with the Seller. It is hereby clarified that, despite anything to the contrary, in these Terms of Use, the Seller shall bear exclusive liability for any tax-related claims arising from discrepancies in the invoices.

Policies

Profanity Policy

ServiceMela strictly prohibits the utilisation of any vocabulary that is discriminatory, derogatory, sexually explicit, or offensive in a communal arena. This provision applies to language featured in product listings, vendor pages, and any other location on the website that may be accessible to a third-party User. In the event that ‌profane language is a constituent of a service's title, We may allow sellers to obscure the majority of the offending term with asterisks (e.g., s*** or f***). If You come across any violations of the policy, please make a report to the appropriate department for review. This includes reporting any offensive display names or offensive language in a listing or other context. We take these matters seriously and will take necessary actions to address any violations.

In the event that a communication between Users on the platform or an email correspondence related to transactions conducted on the platform contains vulgar language, We request that You refer to Our feedback removal policy and make a formal request for appropriate measures to be taken in accordance with said policy.

ServiceMela reserves the right to impose disciplinary measures, including but not limited to permanent or temporary account suspension, or issuance of an official warning, in response to any breach of its policies by a User. The determination of whether a policy violation has occurred and the nature of the disciplinary action to be taken shall be at ServiceMela's sole discretion, after due consideration of the circumstances surrounding the alleged violation and the User's trading history.

Violations of this policy may result in a range of actions, including:

Limits placed on account privileges;
Loss of special status;
Account suspension.

ServiceMela reserves the exclusive authority to remove any customer service review, if it contains objectionable language, as specified above. Additionally, if ServiceMela finds that the review unjustly: (i) prejudices the service; or (ii) augments the service's appeal, ServiceMela possesses the prerogative to expunge the customer review. Moreover, ServiceMela retains the right to prohibit the customer from submitting any future service reviews, at its sole discretion.

Email Abuse, chart or any other communication Threat Policy

ServiceMela does not assume regulatory authority over private communications, encompassing, but not limited to email, chart, or other communication correspondence. Notwithstanding, ServiceMela impels its Users to exercise professionalism, courteousness, and respect in their conduct when communicating through email, chart, or any other communication modality. Nevertheless, ServiceMela maintains the prerogative to scrutinise and adopt measures in response to undesirable emails, charts, or any other communication that infringe upon ServiceMela's policies.

Such instances:

ServiceMela strictly prohibits the transmission of explicit threats of physical violence by any Users on its platform. Such conduct is deemed to be in violation of Our policies and may result in the suspension or termination of the User's account, as well as potential legal consequences.

The ServiceMela system enables Users to transact with one another, but it should be noted that ServiceMela reserves the right to probe any misapplication of the system.

We hereby unequivocally declare that ServiceMela shall not solicit sensitive information through any form of communication, including but not limited to emails, charts, or other means. If You receive any communication that appears to be a spoof or fake email, chart, or any other form of communication, We implore You to promptly notify Us by utilising the 'Contact Us' tab.

ServiceMela strictly prohibits the transmission of unsolicited commercial electronic communications, including emails, charts or any other forms of communication. Such activity shall be deemed spam, and ServiceMela's spam policy shall apply exclusively to unsolicited commercial messages sent by ServiceMela Users. ServiceMela Users are strictly prohibited from transmitting spam messages to other ServiceMela Users, failing which they shall be held liable for violating ServiceMela's spam policy.

"ServiceMela unequivocally prohibits any form of extraneous communication, including but not limited to electronic mail and chat, pertaining to the exchange of goods listed on the ServiceMela Platform. Any offers of such nature made outside of the Platform are not only in contravention of ServiceMela's policies but also have the potential to perpetrate fraud upon both the buyer and seller parties."

ServiceMela has implemented a policy that strictly prohibits any form of User-to-User threats of physical harm. whether it be through electronic or traditional communication channels, as well as on public message boards operated by Our platform. Any violation of this policy shall result in an array of actions that are commensurate with the severity of the offence. These actions may include, but are not limited to, imposing limits on account privileges, temporary or permanent suspension of the User's account, cancellation of listings, or revocation of special status that the User may have acquired.

Other Businesses

ServiceMela hereby disclaims any responsibility or liability for the actions, products, content, and services provided by Affiliates and/or third-party Platforms linked to using Platform's APIs or otherwise. Furthermore, ServiceMela may provide links to the third-party Platforms of affiliated companies and other businesses, for which ServiceMela assumes no responsibility for examining or evaluating their products and services. ServiceMela does not provide any warranty, either express or implied, for the offerings of any of these businesses or individuals or the content of such third-party Platform(s). ServiceMela does not endorse any third-party Platform(s) or the content they provide in any way.

Limitation of Liability

ServiceMela shall not be held responsible or liable for any form of extraordinary, incidental, indirect, or consequential damages of any nature, related to the Terms of Use (ToU), regardless of whether ServiceMela has been given prior notification of the likelihood of such damages.

Indemnity

You, as the User of ServiceMela's platform, hereby agree to indemnify and hold harmless ServiceMela, its owner, licensee, affiliates, subsidiaries, and group companies, including their respective officers, directors, agents, and employees, against any claims, demands, or legal actions, including reasonable attorney fees, initiated by any third party, as a result of or arising from Your breach of the Terms of Use, Privacy Policy, or any other policies, or Your infringement of any law, rule, regulation, or third-party rights, including intellectual property rights."

Applicable Law

The laws of India shall exclusively govern the interpretation and construction of the Terms of Use. The place of jurisdiction shall solely lie in Jhargram, thereby granting exclusive authority to Jhargram courts to preside over any legal disputes arising from the use of the terms.

Jurisdictional Issues/Sale in India Only

The content featured on the Platform is intended exclusively for the intention of commerce within India, except where explicitly stated otherwise. ServiceMela explicitly disclaims any assertion that the materials on the Platform are suitable or accessible for usage in regions or countries outside India. Individuals who opt to visit this site from other locations or countries outside of India do so of their own accord, and ServiceMela is not liable for the provision of merchandise or reimbursement for products obtained from such locations or countries outside India, as well as conformity with any applicable local legislation.

Trademark, Copyright and Restriction

ServiceMela is the controlling and operating entity of this website, and the products available for purchase on this platform are sold by their respective Sellers. All content on this website, including visual and auditory media such as images, illustrations, audio clips, and video clips, are safeguarded by copyrights, trademarks, and other forms of intellectual property rights. The material available on this Platform is solely intended for personal, non-commercial usage. It is strictly prohibited to copy, reproduce, republish, upload, post, transmit, or distribute any such material in any manner, whether directly or indirectly, including through electronic means, and You must not provide any form of assistance to anyone attempting to do so. Without the prior written permission of the owner, modifying the materials, utilising the materials on any other Platform or networked computing environment, or employing the materials for any purpose other than personal, non-commercial use is deemed a violation of copyrights, trademarks, and other proprietary rights and is not permitted. This prohibition extends to any usage that results in remuneration of any kind, whether monetary or otherwise, as it is considered commercial use under the terms of this clause.

Copyright Complaint

ServiceMela acknowledges and upholds the value of intellectual property owned by others. If You, as a rightful owner of copyrighted work, suspect that such work has been replicated in any manner that infringes upon your rights. You may address your concerns to ServiceMela by contacting support email: support@servicemela.com

Trademark complaint

ServiceMela places a high value on the protection of intellectual property rights belonging to others. If You suspect that your registered trademark has been subject to infringement, We encourage You to notify Us promptly by sending an email to: support@servicemela.com

Customer Support

Users may reach the customer support team by visiting the help centre at www.servicemela.com/support and using any of the available methods.

Affiliate User Agreement

This Agreement contains the terms and conditions that apply to User's participation in the ServiceMela Affiliate User Program (the "Program"). As used in this Agreement, "Your Page" means Your website or any webpage or any other technological medium either operated by You or on which You are allowed to share any content in accordance with these terms and where You will link to the ServiceMela Platform (and which You will identify in Your Program application). Save for Our obligation to pay referral fees under Section 4, which may be performed solely by us, We may cause any of Our obligations under this Agreement to be fulfilled by any of Our Affiliates (defined below), on Our behalf.

Enrollment in the Program

Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, You have to be 18 years or above to enroll in this Program. To begin the enrollment process, You will submit a complete Program Application via the ServiceMela Platform. We will evaluate Your application and notify You of its acceptance or rejection. We may reject Your application if We determine (in Our sole discretion) that Your Page is unsuitable for the Program. Eligibility for enrollment is at Our sole discretion. Unsuitable pages include, but are not limited to, those that:

Advertise affiliate links through pop-up windows / pop-unders
Advertise affiliate links as a cashback offer (i.e. in terms of Money Transfer. You can provide reward points in the other forms like Gift Articles but You need to mention clearly on Your website that the Gift Articles are not provided by ServiceMela.com).
Advertise misleading/wrong offers/deals running on ServiceMela
Use affiliate links, whether directly or indirectly, on web sites offering any kind of referral program with/without payment of fees and/or sites in the nature of multi-level marketing arrangements
Use affiliate links on illegal sites
Promote affiliate link or any third party links via use of paid ads on search engine result pages and social media websites by bidding on trademark of ServiceMela or ServiceMela.com or any variation or misspelling of any trademark of ServiceMela ServiceMela.com
Promote pornography and sexually explicit materials
Promote violence
Promote any kind of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
Include any trademark of ServiceMela, or its affiliates, or any variation or misspelling of any trademark of ServiceMela or its affiliates, in any parent domain name -- for example, a domain name such as "ServiceMelaauctions.net" would be unsuitable
Include any trademark of ServiceMela or its affiliates in any username, group name, or other identifier on any social networking website
Include any colour combination or layout similar or identical to ServiceMela.com, with the intention to deceive
Use links or URLs which are not published by the ServiceMela Platform.
Add Services directly to the customer's cart using scripts or any tools.
Are owned by or is principally maintained/operated by current employees of ServiceMela.
Otherwise violate intellectual property rights.
Any other, as determined by us at Our sole discretion.

If We determine that You have not complied with any requirement or restriction provided in the Program or any other applicable policies or that You have otherwise violated this Agreement, We may (in addition to any other rights or remedies available to us) withhold any fees payable to You under this Agreement, terminate this Agreement, or both. In addition, You hereby consent to us monitoring, recording, using, and disclosing information about Your Page and visitors to Your Page that We obtain in connection with Your display of Special Links, and monitoring, crawling, and otherwise investigating Your Page to verify compliance with this Agreement and Program.

Self Orders / Bulk Orders

Please also note that You may not purchase Services during sessions initiated through the links on Your Page for Your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for Services to be used by You or Your friends, relatives, or associates in any manner. The reason behind this policy is that the ServiceMela Affiliate User Platform is an advertising program rather than a discount program. Our goal is to have Our affiliates refer new customers to us in return for referral fees. Affiliates are not eligible for referral fees when they place orders themselves, or ask people they know to routinely place orders through their affiliate links so they can earn referral fees. If You are found in violation of these policies, then ServiceMela has the right to terminate Your registration, as well as revoke all payments linked to Your account, unless You can show that the purchases were genuine.

Paid Search Ads campaigns

For Paid Search Ads through search engines, Affiliates cannot send users directly to the ServiceMela Platform through keyword bidding or other paid search activities. However, if Your Paid Search Ads, without using any ServiceMela trademarks or variations and misspelling of such trademarks, send users to Your own Page and then Your Page displays affiliate links to ServiceMela Platform, You may earn referral fees for eligible purchases made by users who click through Your Paid Search Ads to Your website and then click through to the ServiceMela Platform. You shall not include ServiceMela domain name (ServiceMela.com) as Display URL or Destination / Landing Page URL in the ad copies of Your Paid Ad campaigns. Any affiliate found / identified by Us directing users / traffic to ServiceMela Platform directly through Paid Search Ads will be penalised. Non-compliance would not only lead to suspension of Your affiliate account, but also cancellation of all pending commissions and commissions thereafter.

Paid Install (CPI) campaigns for ServiceMela Mobile App(s)

With respect to Our Mobile App install campaigns through ServiceMela Affiliate User Platform, We do a rigorous data check using industry standard parameters for checking the authenticity & quality of app installs through Your Affiliate User id to keep a check on fraudulent / low quality app installs happening through unethical means. Please note that We hold the right to check the quality of installs being served by Our Affiliate Users and the right to suspend/disable their Affiliate User Account or withhold payments if We observe any fraudulent stuff happening through Your Affiliate User id. Under such circumstances We hold the right to terminate/disable Your Affiliate User Account and/or withhold all pending affiliate commissions with immediate effect without any prior notice.

By participating in the Program You agree that You will not engage in any such activities. If We reject Your application, You are welcome to reapply to the Program at any time. You should also note that if We accept Your application and Your Page is thereafter determined (in Our sole discretion) to be unsuitable for the Program at a later period, We may terminate this Agreement with immediate effect including withholding all Your pending commission payments, with or without notice, as may be determined in sole discretion of ServiceMela.com.

We record the traffic sent by You to ServiceMela Platform in Our logs and hold the authority to withhold Your payments/disable Your account in case of:

Self orders or bulk orders;
Prohibited paid install campaigns for ServiceMela Mobile App;
Prohibited Paid Search Ads campaigns; or
Links to the ServiceMela Platform, including a redirecting link, that is generated or displayed on a search engine in response to a general internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through Your submission of data to that site or otherwise.

Further, by participating in the Program You agree that You have read and understood the contents of ServiceMela Terms of Use and contents of the said Terms of Use shall be read as part and parcel of the Agreement, wherever applicable and be binding upon You.

2.Links on Your Page

Once You have been notified that Your Page has been accepted into the Program, and subject to section 1 of this Terms and Conditions, We grant You a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from Your Page to the ServiceMela Platform, to provide on Your Page one or more of the following types of links to the ServiceMela Platform:

Listing Links:

You may select one or more Listings to list on Your Page using a variety of formats that We make available to You, such as text link format, graphical link format, customizable "widget" format, or "Item preview" link format. A "Lising" is any Service or Service Request listed on the ServiceMela Platform by any User. For each selected Listing, You will display on Your Page a short description, review, or other reference. You will be responsible for the content, style, and placement of these references. You will provide a Special Link (as defined below) from each Listing reference on Your Page to the corresponding ServiceMela Platform Listing. Each such link will connect directly to a single Listing on the Platform. You may add or delete Listings (and related links) from Your Page at any time without Our approval. You may not use Special Links to link to the ServiceMela Platform from references to Listings on Your Page that are not "Listings" as defined above.

Search Box Link:

You may provide a ServiceMela Platform search box on Your Page that will permit Your Page visitors to view Listings that are the results of their search query within the Search Box link or view results that link directly to a page on the ServiceMela Platform that contains the results of their search query. We will provide You with technical specifications describing how to include an ServiceMela Platform search box on Your Page.

General Link to ServiceMela Platform Home Page:

You may provide a general link on Your Page to the home page of the ServiceMela Platform.

Search Results Link:

You may provide a link on Your Page that will link to a particular search result on the ServiceMela Platform, the parameters of which will be determined by You based on search generating alternatives We make available to You.

Any Page Link:

You may provide a link on Your Page that will link to any particular page on the ServiceMela Platform, provided that You properly use the special link formats provided on the ServiceMela Platform as part of the Program to create such link. We will provide You with guidelines and graphical artwork to use in linking to the ServiceMela Platform home page. To permit accurate tracking, reporting, and referral fee accrual, We will provide You with special "tagged" link formats to be used in all links between Your Page and the ServiceMela Platform (and for purposes of this Agreement, the browser window described above that opens upon a user's clicking on a Quick-Click link is deemed a part of the ServiceMela Platform, and any Quick-Click link is deemed a link between Your Page and the ServiceMela Platform). You must ensure that each of the links between Your Page and the ServiceMela Platform properly utilizes such special link formats. Links to the ServiceMela Platform placed on Your Page pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on the ServiceMela Platform occurring directly through Special Links; We will not be liable to You with respect to any failure by You to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to You pursuant to this Agreement. You acknowledge that, by participating in the Program and placing any of the above links within Your Page, We may receive information from or about visitors to Your Page or communications between Your Page and those visitors. Your participation in the Program constitutes Your specific and unconditional consent to and authorization for Our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the ServiceMela Platform. Except for the license granted under this section 2, You do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Special Links, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the ServiceMela domain names. You also acknowledge that We (and Our corporate affiliates) may crawl or otherwise monitor Your Page for the purpose of ensuring the quality and reliability of Special Links on Your Page (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, You agree that We and Our corporate affiliates may take such actions and that You will not seek to block or otherwise interfere with such crawling or monitoring (and that We and Our corporate affiliates may use technical means to overcome any methods used on Your Page to block or interfere with such crawling or monitoring). You also acknowledge that as a participant in the Program, We may from time to time send You email updates about the Program. By participating in the Program, You consent to Our sending You these email updates. Further, You acknowledge and agree that You will: (a) not, in connection with this Agreement, display or reference on Your Page, any trademark or logo of any third party seller on the ServiceMela Platform; (b) ensure that any "Privacy Information" link or ServiceMela trademark (either in logo or text form) that We include in a Special Link is not obscured or altered in any way or made invisible, illegible or indecipherable to visitors of Your Page; (c) use any data, images, text, or other information obtained by You from us or the ServiceMela Platform in connection with this Agreement ("Content") only in a lawful manner and only in accordance with the terms of this Agreement; (d) not use any Content relating to any Excluded Merchant or any product sold by any Excluded Merchant; (e) not modify or alter any Content that consists of a graphic image, other than to resize it; (f) not edit any Content that consists of text, other than to shorten its length; (g) not sell, redistribute, sublicense or transfer any Content; (h) not use any Content in a manner intended to send sales to any site other than the ServiceMela Platform; (i) promptly delete any Content that is no longer displayed on the ServiceMela Platform or that We notify You is no longer available for Your use and (j) not use any Content, including any name or likeness embodied therein, in a manner (e.g., a closely proximate placement to unrelated third party materials) that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party or cause.

3. Order Processing

Sellers will process orders placed by customers who follow Special Links from Your Page to the ServiceMela Platform. Platform and the Seller reserves the right to reject/disapprove orders that do not comply with any requirements that We periodically may establish. We will track sales made to customers who purchase Services by using Special Links from Your Page to the ServiceMela Platform and will make available to You reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in Our discretion.

4. Referral Fees

We will pay You (in accordance with Sections 5 and 6 below) referral fees on certain Services sales to third parties. For a sale to be eligible to earn a referral fee, the customer must click-through a Special Link on Your Page to the ServiceMela Platform and during a single session, add any Service to his or her shopping cart. The session begins when the customer clicks through a Special Link on Your Page to the ServiceMela Platform and ends upon the first to occur of the following events:

session based on the customer's initial click-through
the customer places an order for a Service, or
the customer follows a third party link to the ServiceMela Platform that is appended with a different Affiliate User's tag, or
The customer follows a link to the ServiceMela Platform that is appended with ServiceMela's any other campaign tag

We will only pay referral fees on eligible sales after order completion. To permit accurate tracking, reporting and fee accrual, You must ensure that the Special Links between Your Page and the ServiceMela Platform are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between Your Page and the ServiceMela Platform are not properly formatted. We will not, however, pay referral fees on any Services that are added to a customer's Shopping Cart after the customer has reentered the ServiceMela Platform (other than through a Special Link from Your Page), as determined by us, even if the customer previously followed a link from Your Page to the ServiceMela Platform. In addition, We will not pay referral fees for any purchases made by customers referred through a Prohibited Paid Search Ad or Special Links (to the ServiceMela Platform) that is generated or displayed in response to general Internet search queries or keywords. "Prohibited Paid Search Ad" means an advertisement that You purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that include the word "ServiceMela," or any other trademark of ServiceMela, or variations or misspellings of any of those words (e.g., "service mela," "servicemala," etc). For avoidance of doubt, the Search Box Link, which searches the ServiceMela Item catalog, or searches of Item databases that include ServiceMela Items, such as shopping comparison engines, are still eligible for referral fees. You may not purchase Services during sessions initiated through the links on Your Page for Your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by You or Your friends, relatives, or associates in any manner. Such purchases may result (in Our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. In addition, You may not:

directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on Your Page to access the ServiceMela Platform (e.g., by implementing any "cashback" program for persons or entities who use Special Links on Your Page to access the ServiceMela Platform);
read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the ServiceMela Platform;
make any orders or subscription requests, or engage in other transactions of any kind on the ServiceMela Platform on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
take any action that could reasonably cause any customer confusion as to Our relationship with You, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
other than providing Special Links on Your Page in accordance with this Agreement, post or serve any advertisements or promotional content promoting the ServiceMela Platform or otherwise around or in conjunction with the display of the ServiceMela Platform (e.g., through any "framing" technique or technology or pop-up or pop-under windows), or assist, authorize, or encourage any third party to take any such action;
attempt to circumvent the referral fee schedule or artificially increase Your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the ServiceMela Platform (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the ServiceMela Platform to open in a customer's browser other than as a result of the customer clicking on a Special Link on Your Page);
attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or
seek to purchase or register any keywords, search terms or other identifiers that include the words "ServiceMela" "ServiceMela.com" or any other trademark of ServiceMela Online Private Limited or its affiliates, or variations or misspellings thereof ("Proprietary Terms") for use in any search engine, portal, sponsored advertising service or other search or referral service.

From time to time We may request that You cause any applicable web search provider to exclude Proprietary Terms from keywords used to display Your advertising content in association with search results, assuming the provider of such Web search engine offers such exclusion capabilities.

5. Referral Fee Schedule

During each calendar month, for Qualifying Services sold during sessions initiated through Special Links on Your Page, You will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Fee Structure" described below. Fee Structure: Subject to the other terms of this Agreement, You will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of sales of Qualifying Service units sold during sessions initiated through Special Links on Your Page, excluding costs for any Platform fees, taxes separately stated and charged to the customer, service charges, rebates, credit card processing fees, returns and bad debt) that corresponds to the number of such Qualifying Service units sold during sessions initiated through Special Links on Your Page as per Our Fee Policy.

You understand and agree that We may cap Your referral fees to a fixed amount ("Monthly Limit") per month, at Our sole discretion. In such event that Your referral fees for a calendar month exceed this Monthly Limit, the amount We pay You for such calendar month shall not exceed this Monthly Limit. Further, should You have multiple registered Affiliate User Accounts (multiple tracking IDs) under this Program, the Monthly Limit will be the cumulative limit towards all Your Affiliate User Accounts. You agree to pace Your campaigns accordingly and in line with the Monthly Limit applicable to You.

This Monthly Limit to Your referral fees (if any) shall be communicated to You prior to the calendar month in which such limit takes effect by way of e-mail to Your registered Affiliate account. Similarly, any changes in the Monthly Limit shall be communicated to You from time to time by way of e-mail to Your registered Affiliate User Account, prior to the calendar month in which such change in Your Monthly Limit takes effect. Any such notification received by You from us regarding the Monthly Limit to Your referral fees and any changes therein, shall be read as and be a part of this Operating Agreement.

6. Referral Fee Payment

We will pay You referral fees on a monthly basis for Qualifying Orders in the applicable month. Approximately 7 days following the end of each calendar month, based on the payment information in Your Account, We will send You payments via Electronic Funds Transfer (EFT) for the referral fees earned if it is at least INR 100. We will accrue and withhold referral fees until the total amount due is at least INR 100 (subject to all the necessary documents have been submitted by the affiliate to ServiceMela for processing payments through EFT) and send You payment 7 days following the end of the month in which the total amount due is at least INR 100.

Please note that the referral fees will be processed as per the payment mode / details mentioned by You in Your Affiliate User Account ('My Account' section) as on the 1st of every month. In case You change Your payment mode / details after the 1st of the month, the new payment details will be applicable from next month's payment cycle.

The referral fee payable to You is inclusive of all taxes including goods service tax or other tax or levy that You may be required to remit in connection with such services. If required by applicable Indian tax law, We may deduct or withhold income taxes from the referral fees payable to You. If You are an Indian resident, Your referral fees payable to You will be subjected to income tax (5% TDS as per section 194(H) of Income Tax Act) provided documents are uploaded as per the payment mode opted. In case of lack of appropriate documents, referral fees would be subject to a 20% income tax (TDS) withholding. If You are not an Indian resident or have not provided us Your PAN (Permanent Account Number), the rate of income tax withholding applicable to You will vary and income tax would be withheld from the referral fees accrued to You on the basis of documents submitted by You which are required as per the provisions of Income Tax of India. If We deduct or withhold income taxes from referral fees payable to You, We will issue to You the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities. If You provide us with a nil or reduced withholding tax certificate, We will apply such nil or reduced tax rate as the applicable withholding tax rate on referral fees payable to You. You hereby agree that You will not pursue any claim against ServiceMela or any of its affiliates, and hereby waive all such claims You may now or in the future have, in respect of any income taxes ServiceMela deposits with a relevant taxing authority pursuant to the this Operating Agreement.

7. Non-GST Declaration Letter

Requirement to seek registration by the affiliates
Section 22(1) of the CGST Act provides relief to certain categories of suppliers, engaged in the supply of taxable goods or services, from the requirement of obtaining registration under the Act, determined by the aggregate value of taxable turnover in a financial year.
In the event that a supplier does not exceed the threshold of aggregate turnover of Rs 20 Lakhs or Rs 10 Lakhs (as the case may be), such supplier is not bound to obtain registration under the CGST Act and may conduct its business operations as an unregistered supplier. Therefore, the taxability of the supplies received from unregistered suppliers would be governed by the provisions of section 9(4) of the CGST Act, whereby the onus to discharge the tax liability on such supplies vests on the recipient under reverse charge mechanism in respect of specific services only.
However, it may be noted that the services in nature of facilitation being undertaken by the affiliates are not notified for the purpose of levy of GST under reverse charge mechanism on the service recipient. Hence, no liability would arise in the hands of the service recipient.
Documentation requirement
According to the provisions of section 31(2) of the CGST Act, every registered person rendering taxable service is obligated to issue a tax invoice to the recipient of such service, with appropriate declarations as required thereunder. Accordingly, ServiceMela should seek to obtain invoice with GST from the registered service providers.
Further, ServiceMela being the recipient of services, is eligible to avail the credit of the taxes that may be levied by the supplier of service, only under the possession of a valid tax invoice, in terms of provisions of section 16 of the CGST Act, failing which, tax credit to that extent would be lost in the hands of ServiceMela.
GST Sections in the 'Terms and Conditions'
Further, it is imperative that the 'Terms and Conditions' of the program be amended in a manner so as to encapsulate the following:
All the affiliates who are registered under the GST Law would be mandatorily required to issue a tax invoice for the supply of service under the 'Affiliate Program'
Affiliates who are not required to be registered under the GST Law, would not be required to issue a tax invoice under the said program but could issue a commercial invoice along with declaration letter for the same.

8. Policies and Pricing

Customers who buy Services through this Program will be deemed to be Our customers. Accordingly, all of Our rules, policies, and operating procedures concerning Users will apply to those customers. We may change Our policies and operating procedures at any time. Service prices and availability may vary from time to time. Because price changes may affect Services that You have listed on Your Page, Your Page may only show prices when We serve the link in which those prices are displayed. We will use commercially reasonable efforts to present accurate information, but We cannot guarantee the availability or price of any particular product.

9. Identifying Yourself as an Affiliate

You may not issue any press release with respect to this Agreement or Your participation in the Program; such action may result in Your termination from the Program. You may not in any manner misrepresent or embellish the relationship between us and You, or express or imply any relationship or affiliation between us and You or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that We support, sponsor, endorse, or contribute money to any charity or other cause). Any such activity will lead to suspension of Your account and/or withholding of payment of any accrued and future commissions as being in violation of this Agreement.

10. Links on Your Site

We grant You a nonexclusive, revocable right to use the graphic image and text described in Section 2 and such other text or images for which We grant express permission, solely for the purpose of identifying Your Page as a Program participant and to assist in generating Service sales. You may not use such image or text in an offline promotion or other offline manner (e.g., in any printed material, mailing or other document). You may not modify the graphic image or text, or any other of Our images, in any way. We reserve all of Our rights in the graphic image and text, any other images, Our trade names and trademarks, and all other intellectual property rights. You agree to follow Our Trademark Guidelines, as those guidelines may change from time to time. We may revoke Your license at any time by giving You written notice.

11. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of Your Page and for all materials that appear on Your Page. For example, You will be solely responsible for:

The technical operation of Your Page and all related equipment
Ensuring the display of Special Links on Your Page does not violate any agreement between You and any third party (including without limitation any restrictions or requirements placed on You by a third party that hosts Your Page)
Creating and posting Item descriptions on Your Page and linking those descriptions to the ServiceMela Platform catalog
The accuracy and appropriateness of materials posted on Your Page (including, among other things, all Item-related materials and any information You include within or associate with Special Links)
Ensuring that materials posted on Your Page do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on Your Page are not libelous or otherwise illegal
Ensuring that Your Page accurately and adequately discloses, either through a privacy policy or otherwise, how You collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
We disclaim all liability for these matters. Further, You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your Page. We also advise You to strictly abide by the terms narrated in Section 1 above of this terms and conditions and any non-observance of the terms therein shall determine Our association with immediate effect.

12. Compliance with Laws

As a condition to Your participation in the Program, You agree that while You are a Program participant You will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over You, whether those laws, etc. are now in effect or later come into effect during the time You are a Program participant. Without limiting the foregoing obligation, You agree that as a condition of Your participation in the Program You will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.

13. Term of the Agreement

The term of this Agreement will begin upon Our acceptance of Your Program Application and will end when terminated by either party. Either You or We may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, You will immediately cease use of, and remove from Your Page, all links to the ServiceMela Platform, and all of Our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to You pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Agreement by either side You will cease to be an affiliate and shall remove all links to the ServiceMela Platform as detailed in section 11 herein above and non-removal of links and use of all or any of Our trademark, trade dress, logos and price are treated as illegal crawling and infringement of Our Trademark.

14. Modification

We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in Our sole discretion, by posting a change notice or a new agreement on the ServiceMela Platform. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the Program following Our posting of a change notice or new agreement on the ServiceMela Platform will constitute binding acceptance of the change.

15. Relationship of Parties

You and We are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your Page or otherwise, that reasonably would contradict anything in this section.

16. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to You under this Agreement.

17. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of the ServiceMela Platform will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors.

18. Independent Investigation

You acknowledge that You have read this agreement and agree to all its terms and conditions. You understand that We may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with Your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

19. Disputes

Any dispute relating in any way to the Program or this Agreement will be adjudicated in courts in Jhargram (West Bengal) and You hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that Our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

20. Miscellaneous

This Agreement will be governed by the laws of the Indian Republic, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.

Contact Us

For queries / concerns, excluding queries related to trademark and copyright infringement, by going to the following link: www.servicemela.com/account/support-chat or send an email to support@servicemela.com

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020. The name and contact details of the Grievance Officer are provided below:

Mr. Apurba Jitu Hansda

ServiceMela Online Private Limited

Registered Office: Holding No. 827,

Vill+P.O - Dahijuri, Jhargram,

West Bengal - 721504

Email: grievance-officer@servicemela.com

Phone: +917719367777

Time: Mon - Sat (10:00 - 18:00)

Customer Support: You can reach Our customer support team to address any of Your queries or complaints by going to the following link: www.servicemela.com/account/support-chat

Last Updated: 29-05-2024