Master Subscription Agreement - QuickSell

1. Acceptance of Terms

This Master Subscription Agreement (this "Agreement") contains terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined below), and is a contract between Apport Software Solutions Private Limited ("QuickSell"), and you or the entity or organization that you represent.

QuickSell (hereinafter referred to as the "Platform," "Mobile Application," or "QuickSell") is a mobile-first digital cataloging and personal commerce platform owned and operated by Apport Software Solutions Private Limited (hereinafter referred to as "QuickSell," "we," "us," or "our").

This document is a legally binding document between the Registered or Unregistered User of the Platform (Hereinafter referred to as "You," "Your," and "User") and us in relation to the use of the platform and set forth the terms and conditions by which you may access and use the platform and our related websites, services, applications, products, and content (Collectively, the "Services")

If you are an individual using the Services for your own purposes: (1) all references to "Customer/Clients/you/your/user" are to you; and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of "majority" where you reside, and that you have the right, power, and authority to enter into this Agreement.

If you are using the Services on behalf of an entity or organization that you represent: (1) all references to "Customer/Clients/you/your/user" are to that entity or organization, and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of "majority" where you reside, and that you have the right, power, and authority to enter into this Agreement on behalf of entity or organization.

If you sign up for the Services, then: (a) you will be deemed to represent your employer or that entity; (b) your click to accept will bind your employer or that entity to this Agreement; and (c) the word "Customer/Clients/you/your/user" in this Agreement will refer to your employer or that entity.

By accessing or using the Platform or the Services, or by clicking "I Accept" or creating an account, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

The terms of this document will be effective upon your acceptance of the same (directly or indirectly in electronic form, by use of the platform and/or by creating a registered account on the platform (hereinafter referred to as "account") and will govern the relationship between you and us for your use of the platform and the services rendered therein.

This document is an electronic record in terms of the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023 and the General Data Protection Regulation (GDPR) (EU). and rules framed thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023 and the General Data Protection Regulation (GDPR) (EU). . This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read this document carefully. By using the platform and our services, you indicate that you understand, agree, and consent to this document. If you disagree with the terms of this document, please do not use this platform. You hereby provide your unconditional consent or agreements to us, as provided under section 43A and section 72A of the Information Technology Act, 2000, to access and use the personal information that you have voluntarily provided to us in connection with the use of the platform and the services.

By providing Us with Your information or by making use of the Platform and the Services provided therein, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (Defined in Our Privacy Policies) and Non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.

If You are using the Services as an employee, agent, or contractor of a corporation, partnership, or similar entity, then You represent and warrant that You have the authority to sign for and bind such entity in order to accept these Terms of Use.

Your access to the Platform and use of Our Services is also subject to Our, Privacy Policy (before signing up) and Privacy Policy (after/during signing up), the terms of those privacy policies can be found directly on the Platform (https://quicksell.co/privacy.html) and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.

Before You use or subscribe to, and/or begin participating in or using the Platform, it is represented and warranted that You as the User of the Platform have or have fully read, understood, and accepted the Terms of Use as updated from time to time without any notice to You. You are advised to review these Terms of Use periodically for any updates. We shall make reasonable efforts to notify You regarding the amendments to the Terms of Use through a notice on the Platform. Your continued access to the Platform and/or use of the Services from the date of the updated Terms of Use shall be deemed to be Your acceptance of the updated Terms of Use. If You do not agree to or wish to be bound by the updated Terms of Use, You may not access or otherwise access the Platform or use the Services.

We may, from to time, release new versions of the Platform or release/introduce new and additional scope of Services which will be subject to these Terms of Use, and any additional terms of Service as may apply to such additional new version or Services.

2. Description of Services

QuickSell provides a cloud-based platform for businesses to create digital product catalogs, share them via messaging or social media, and track customer interactions. These features are designed to improve product visibility and sales tracking through real-time engagement analytics.

3. Subscription Plans and Fees

To access premium features of QuickSell, you must subscribe to a plan. Subscription Fees are billed monthly, quarterly, or annually as per the selected plan. Fees are non-refundable and do not include applicable taxes. The subscription auto-renews unless cancelled in writing.

4. Intellectual Property Rights

All rights, title, and interest in and to the Platform and Services, including all intellectual property rights, are and will remain the exclusive property of QuickSell and its licensors. You receive no rights other than those explicitly granted in this Agreement.

5. User Obligations and Restrictions

You agree not to misuse the Services or help anyone else to do so. Prohibited uses include unauthorized copying, reverse engineering, commercial reselling, or use of automated systems to extract data. You are responsible for all activity under your account.

6. Cancellation and Refund Policy

You can cancel your subscription at any time by emailing at support@quicksell.co. No refunds or credits will be issued for partial subscription periods.

In case the amount remains outstanding for more than fifteen (15) days from the date of activation of services (for first-time users) & more than one (1) day for auto-renewal cases, the company reserves the right to cancel the subscription.

7. Limitation of Liability

QuickSell shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill, arising from the use or inability to use the Services.

8. Force Majeure

QuickSell shall not be responsible for delays or failure to perform due to events beyond its reasonable control, including natural disasters, acts of God, Pandemic, War, Labor Strikes, Power Outages, or Internet Service Disruptions.

9. QuickSell List of Banned Products (Indicative List not exhaustive)

  1. Adult Products and Pornographic/ Obscene Materials (including child pornography) in any form (Print, audio/video, MMS, images, photographs, etc.)
  2. Any article/material/service which cannot be exhibited, advertised, made available, offered for sale at e-commerce platforms/ technology due to restrictions/conditions for sale of those articles / material/ service unless all those conditions are met pursuant to the Applicable Laws (For Example - Alcohol, Currency, Hazardous Materials1, Negotiable Instruments, Prescription Medicines and Drugs, Veterinary Drugs for animals etc)
  3. Animals, whether live or dead including its parts and products.
  4. Any article/material/service which are prohibited by any law at any given time.
  5. Any item/material which may assist in performance of any illegal or unlawful activity.
  6. Counterfeit Goods and goods/materials infringing any intellectual property rights or trademark
  7. Endangered species of animals and plants, whether alive or dead
  8. Fire Arms, parts thereof and ammunitions, weapons, knives, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
  9. Grey market product
  10. Human remains or skeleton
  11. Liquefied Petroleum Gas cylinder
  12. Maps and literature where Indian external boundaries have been shown incorrectly
  13. Narcotic Drugs and Psychotropic Substances
  14. Government related items/ equipment‟s (like wireless with frequency used by Police, uniforms of Government officials including but not limited to Police/ Army, etc.)
  15. Racially/ethnically/religiously offensive materials
  16. Radioactive Materials
  17. Reptile skins
  18. Sex Determination Kit
  19. Stocks and Securities
  20. Stolen Properties
  21. Unauthorized Copies of Intellectual Property
  22. Wildlife and Animal Products
  23. Any other sanctioned or prohibited items as per law.
  24. Passports, other government issued personal documents.
  25. Any other items deemed unfit for listing by QuickSell

Hazardous materials including but not limited to acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.

11. Contact Us

If you have any questions or concerns regarding this Agreement, please contact us at support@quicksell.co.