TERMS & CONDITIONS
Terms & Conditions
Sellebrate.in and our associated mobile applications are an online platform. Sellebrate allows you to purchase and sell gift cards, purchase Experiences, merchandise credits, vouchers, gift codes and other similar pre-paid products in electronic and physical form (collectively, “Gift Cards”). You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction.
Terms of Sale Of Gift Cards
Sellebrate is selling Gift Cards (GC) of multiple retailers based all over India. The Gift Card you purchase is redeemable for goods or services by the seller of such goods and services, or the Service Provider. Gift cards (GC) can be redeemed in the retailers store or online as per the retailer’s terms and conditions. The Service Provider, not Sellebrate, is the seller of the goods and services and is solely responsible for redeeming any Gift Card you purchase.
The Gift Card shall have the necessary redemption instructions on it. The Gift Card may have an offer period, or expiry date, mentioned on it and shall be used accordingly. Any corresponding unused balance shall be forfeited thereafter.
Unless otherwise stated, you cannot combine the Gift Card offer with other special offers or promotions that may be on.
GCs cannot be redeemed for Cash or Credit at the Retailer.
Unless otherwise stated, you will not be entitled to receive credit or cash-back for whatever value of the Gift Card you don't use.
Unless there is something wrong with the purchase or an error attributable to us, we do not offer refunds. Gift Card once sold are non-refundable, whether you use it or not.
Neither Sellebrate nor the Service Provider shall have any liability in the event you lose your Gift Card at the Service Provider venue.Sellebrate is merely the aggregator of this gift card portal. The Gift Card and the deals are the property of the respective third party Service Provider.
Retailers may not allow GCs to be redeemed to purchase other GCs available for sale.
If the order value at the retailer exceeds the GC amount, the balance must be paid as per the retailer’s payment terms and conditions.Customers are solely responsible for the safety and security of the GC. Sellebrate is not responsible for any gift card lost, stolen or damaged.
Once the GC has been sent customer is bound to protect the GC PIN or GC number as confidential. In the event of any misuse of GC due to loss of any such confidential details due to the fault of the purchaser, Sellebrate shall not be responsible for the same and no refund can be issued.
Validity of GCs cannot be extended. GCs cannot be replaced for expired/unused Gift Cards. GCs cannot be reloaded unless specifically confirmed by Retailer issuing the gift card.
As such, Service Provider not Sellebrate, shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Service Provider.
Notwithstanding anything to contrary, Sellebrate's entire liability to you shall be the refund of the money charged from you for any specific Gift Card, under which the unlikely liability arises. Under no circumstance shall Sellebrate be liable for any consequential, indirect or remote loss that you or your friends and family may suffer. Sellebrate assumes no responsibility for the products purchased using the GCs and any liability thereof is expressly disclaimed.
GCs are a Prepaid Instrument subjected to regulations by Reserve Bank of India.Sellebrate will be legally required to share the details of the purchase of the GCs and transaction undertaken using the GC. The issuer is also required to share the Know Your Customer (KYC) details of the purchaser/ redeemer of the GC with RBI or such statutory authorities, as per statutory guidelines issued from time to time. Sellebrate may contact the purchaser of the GC in this regard.
Terms of Purschase of Gift Cards
Terms of purchase is applicable when you are selling gift cards of any form to Sellebrate. You hereby represent and warrant in connection with any Gift Card you
sell through or on the Service, the following:
The Gift Card is genuine and valid.
You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner.
The Physical Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control.
The Gift Card is redeemable for the amount of credit that you state on Sellebrate.
The Gift Card does not have any special conditions or restrictions of minimum or independent usage.
That you have not in any way retained a way to redeem the Gift Card after selling the card.
The Gift Card and any interest therein is fully transferable to Sellebrate in the manner contemplated by this Agreement, without violating any contractual or other right.
You are the sole, lawful owner of the Gift Card and all interests thereto.
The Gift Card is not subject to any liens, obligations, or encumbrances of a third party.
You shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Sellebrate.
You authorize Sellebrate to re sell the Gift Card.
You have not listed the same Gift Card on any other platform except Sellebrate.
When you sell a Gift Card to Sellebrate via the website, ownership of the Gift Card and any interest therein, is immediately and automatically transferred to Sellebrate. You agree that you will not redeem any portion of the Gift Card at any point subsequent to the sale to Sellebrate. You further agree that you will be charged a penalty if the Gift Card proves to be invalid, as determined in Sellebrate’s reasonable discretion.
You agree to be liable to pay the replacement fee equal to the balance that you reported at the time of the sale plus an additional Rs 500 service fee. Sellebrate is not responsible for any errors that you have made in entering Gift Card information.
You will only sell Gift Cards that can be used or sold in India and are listed on Sellebrate.
You will comply with all other requirements to complete the Sale Transaction, including without limitation, any shipping instructions or procedures required by Sellebrate.
You cannot sell more than Rs 50,000 offer value of Gift Cards per transaction.
You cannot sell a Gift Card less than Rs 250 balance.
You cannot not sell a Gift Card for more than its card balance.
You cannot create more than one Member Account on Sellebrate.
You are responsible for your own tax reporting (if applicable).
You may be required to provide additional identification information, including, without limitation, a copy of a valid Driving license (or other form of government identification) prior to or after any transaction.
TERMS OF SALE OF EXPERIENCES
Sellebrate is selling Experiences from different vendors and merchants. Users purchasing these Experiences from Sellebrate will follow the process mentioned below for availing these Experiences.
You will get an order confirmation mail after making the payment for your Experiences Order.
Sellebrate will confirm the booking from the vendor and then share a booking confirmation mail with the venue details and voucher code.
Please take the print out of this email voucher and redeem your experience at the venue.
The customer should not consider order confirmation mail as binding and final on Sellebrate as availability varies with different vendors due to business demands.
Customer should wait for the booking confirmation mail which assures that the activity can be done at the mentioned time and location.
Booking date and time slot cannot be changed once customer receives the booking confirmation mail.
The Terms and Conditions for every experience can differ.
Please refer on the Experience Detail page for all information regarding the Experiences.
Any change request can be considered before booking confirmation email is received by the customer.
Please review the booking carefully before placing the order.
All prices for experiences listed on our site are inclusive of 15% service tax.
The maximum liability and responsibility for Sellebrate.in if the experience has to be cancelled will be for the amount charged for the Experience.
Sellebrate will not be responsible for any losses incurred due to travel or other reasons for the Experience sold to the customer.
www.sellebrate.in ("Website") is an Internet based portal owned and operated by Sellebrate, a partnership incorporated under the laws of India, having its office at Gurgaon, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Sellebrate at its sole discretion and posted on the Website.
This Website is an information gateway to the offers that Sellebrate extends to the Users. Apart from providing information and a searchable database, the Website also hosts the platform for the online sale/purchase of Gift Cards and online sale of Experiences to users.
Eligibility to Use
The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. Any user under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with the applicable law.
If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorised by such corporation, company, institution, association or other entity to use and access the Website.
Sellebrate reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
User Account, Password, And Security
The Website requires you to register as a User by creating an Account in order to purchase Gift Card(s) from the Website. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sellebrate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sellebrate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
User can unsubscribe/opt-out from our communications sent on SMS and Email anytime:
Please email us at email@example.com to unsubscribe from SMS;
User can un-subscribe from email through the newsletter sent daily at the registered email address by logging into their profile and choosing subscription options.
You agree and undertake to use the Website only to post and upload material that is proper.
By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword.
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
Conduct or forward surveys, contests, pyramid schemes or chain letters
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
Violate any applicable laws or regulations for the time being in force in or outside India
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Notwithstanding anything to contrary, Sellebrate's entire liability to you shall be the refund of the money charged from you for any specific Gift Card, under which the unlikely liability arises. Under no circumstance shall Sellebrate be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
While availing any of the payment method/s offered by us, we are not responsible ortake no liability of whatsoever nature in respect of any loss or damage arising directly orindirectly to you out of the decline due to:
Lack of authorisation for any transaction/s
or exceeding the preset limit mutually agreed by you and between your "Bank/s"
or any payment issues arising out of the transaction
or decline of transaction for any other reason/s.
Sellebrate reserves the right to hold any transaction in case they find transaction to be suspicious.
All payments made against the purchases/services on Sellebrate.in by you shall be compulsorily in Indian Rupees. Sellebrate.in does not accept any other form of currency with respect to the purchases.
You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website and
You shall use this Website, and any Gift Card purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Sellebrate owns all Intellectual Property Rights to and into the trademarks, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Sellebrate without obtaining authorization from Sellebrate.
Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Third Party Content
Sellebrate will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sellebrate, and Sellebrate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sellebrate is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Sellebrate provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Sellebrate of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Sellebrate. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
Disclaimer of Warranties & Liability
Sellebrate has endeavoured to ensure that all the information on the Website is correct, but Sellebrate neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Sellebrate be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Sellebrate responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Sellebrate shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Sellebrate's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Sellebrate from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Sellebrate that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Sellebrate may suspend or terminate your use of the Website or any Service at itssole and absolute discretion.
Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Sellebrate chooses to terminate them; and
If you or Sellebrate terminates your use of the Website, Sellebrate may delete any content or other materials relating to your use of the Website and Sellebrate will have no liability to you or any third party for doing so. Offers of discounts and freebies cannot be clubbed with any other promotional offers.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation here to shall be subject to the exclusive jurisdiction of the courts at Gurgaon, India.
Terms and Conditions: Amazon Pay Gift Cards issued by Pine Labs.
These terms and conditions apply to Amazon Pay Gift Cards (Gift Cards) issued by Pine Labs Private Limited (Pine Labs) under the brandname of Qwikcilver and co-branded with Amazon Pay (India) Private Limited (Amazon Pay). Pine Labs is a private limited company organized under the laws of India, and is the issuer of the Gift Cards. You may purchase Gift Cards through various options available on www.amazon.in corresponding mobile site and mobile application ("Amazon.in"), and also use Gift Cards provided to you by third parties in the manner provided hereunder. By purchasing or using a Gift Card, you are agreeing to and accept these terms and conditions.
Gift Cards may only be redeemed toward the purchase of eligible products on Amazon.in and any other third party merchants that are enabled to accept the Gift Cards. Purchases are deducted from the redeemer's Gift Card balance. Any unused Gift Card balance will remain associated with the redeemers Amazon Pay balance account and applied to purchases in order of earliest expiration date. If a purchase exceeds the redeemers Gift Card balance, the remaining amount must be paid with by credit card, net banking or debit card. No fees or charges apply to Gift Cards. Pine Labs may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase or use. Certain merchants may provide you services only on the pre-condition that you allow us to hold balances in your Amazon Pay balance: Gift Card till the service completion by the merchant. However, your prior consent would be taken before holding such balances. In such cases, you agree and authorize us to: (i) hold your balance until service completion; and (ii) fail the transaction if your balance in the Amazon Pay Gift Card is less than the actual amount charged by the merchant for the services.
Gift Cards, including any unused Gift Card balances, expire one year from the date of issuance. You may request for revalidation of any expired Gift Cards. Upon receipt of such request, the Gift Card may be revalidated after due verification and subject to applicable terms and conditions. Gift Cards may only be purchased in denominations ranging from Rs. 10 to Rs. 10,000, or such other limits as Pine Labs may determine. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash. Except as provided hereunder or as per applicable law, amount in your Gift Cards will not be refunded to you under any circumstances. No refund will be provided in cash, at any point of time. Unused Gift Card balances may not be transferred to another users account. No interest will be payable by Pine Labs on any Gift Card or Gift Card balance. Pine Labs make no representation or warranty that Amazon.in will always be accessible without interruption.
Pine Labs is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Amazon Seller Services Private Limited (together with Amazon Pay is referred to as 'Amazon') will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on Amazon.in.
4. Governing Law and Jurisdiction:
These terms and conditions are governed by and construed in accordance with the laws of India. You, Pine Labs and Amazon each agree to submit to the exclusive jurisdiction of the courts at Bangalore. You agree to indemnify Pine Labs and Amazon for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these terms and conditions.
5. Limitation of Liability:
NEITHER PINE LABS NOR AMAZON MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. Password Security:
You shall, at all times, keep the passwords that are generated by you or your customers/beneficiaries on Amazon.in strictly confidential and not reveal the same to any person or entity.
7. General Terms:
The Amazon.in Conditions of Use apply to Gift Cards. Pine Labs reserves the right to change these Gift Card terms and conditions from time to time in its discretion and without prior notice to you. All terms and conditions are applicable to the extent permitted by law.
8. Contact Information:
Website address: www.qwikcilver.com
9. View your gift card transaction statement:
Please Note: Corporate customers, re-sellers, distributors or sub-distributors of Amazon Pay Gift Cards
You are not permitted to use any of the Amazon trademarks, logos and related taglines except in accordance with the brand use requirements as set forth in the brand use resource center found at http://www.amazon.in/CorporateGiftCardBrandUseGuidelines, as modified by Amazon from time to time in its sole discretion. The approved brand use guidelines can be found at https://www.amazon.in/l/17543658031.You agree to make good the losses suffered by Pine Labs in the event Amazon imposes any penalty due to your breach of any terms set out herein.