Disclaimer & Terms of Use
Comprehensive Platform Guidelines. Please read carefully before using ApnaSell.
Effective Date: 2025 | Last Updated:
1.0 Introduction: Understanding Our Role
1.1 Platform Definition and Scope
ApnaSell.com ("Platform," "Website," "Service," "we," "our," or "us") is a connection facilitation platform operating under Indian jurisdiction. We provide a digital environment where registered users ("Users," "you," or "your") can create listings, browse available items, and communicate with other users.
Critical Clarification:
ApnaSell is an online marketplace but not a retailer, auction house, escrow agent, payment processor, or transaction intermediary. We are SOLELY a connection service provider.
1.2 The Nature of Our Service
Our service consists exclusively of:
- Providing a platform for user-generated listings
- Facilitating communication between interested parties
- Offering optional verification services
- Maintaining basic community standards through content moderation
We do NOT:
- Handle, process, or guarantee any transactions
- Take possession of goods, properties, or vehicles
- Process payments of any kind
- Verify the quality, authenticity, or legality of listed items
- Provide shipping, delivery, or logistics services
- Offer insurance or protection for transactions
- Mediate disputes between users
- Provide legal, financial, or professional advice
2.0 User Acknowledgment and Acceptance
2.1 Binding Agreement
By accessing, browsing, or using ApnaSell.com, you acknowledge that:
- You have read, understood, and agree to be bound by this Disclaimer
- You are at least 18 years of age and competent to enter into binding agreements
- You understand the limitations and scope of our services
- You accept complete responsibility for your interactions and transactions
2.2 No Agency Relationship
No partnership, joint venture, employment, or agency relationship exists between ApnaSell and any user as a result of this Disclaimer or use of the Platform. Users are independent actors pursuing their own objectives.
2.3 Platform as Communication Channel Only
ApnaSell serves as a passive communication channel. We do not initiate, control, or influence the substance of communications between users. All messages, negotiations, and agreements occur directly between users without our participation, monitoring, or endorsement.
3.0 Transaction Disclaimer: Comprehensive Limitations
3.1 Complete Transaction Independence
3.1.1 Buyer and Seller Relationship: Any transaction resulting from connections made through our Platform is strictly and exclusively between the buyer and seller. ApnaSell is NOT a party to any such transaction.
3.1.2 Terms of Transaction: All terms including but not limited to price, payment method, delivery, warranties, returns, and dispute resolution are solely determined by the transacting parties without our involvement, recommendation, or guarantee.
3.2 No Transaction Facilitation Services
3.2.1 Payment Processing
We do not provide, recommend, or endorse any payment methods. Users are solely responsible for:
- Selecting payment methods
- Verifying payment authenticity
- Ensuring secure payment transmission
- Recovering funds in case of fraudulent transactions
3.2.2 Delivery and Logistics
We are not involved in packaging, transport arrangement, insurance during transit, customs clearance, or verification of delivery.
3.2.3 Title Transfer
We do not verify ownership, confirm authority to sell, facilitate title transfers, or register changes in ownership with authorities.
3.3 No Quality or Authenticity Guarantees
3.3.1 "As Is" Basis: All items are listed and sold on an "AS IS" and "WHERE IS" basis. We make no representations regarding condition, functionality, authenticity, safety standards, or legal status.
3.3.2 Inspection Responsibility: Users are solely responsible for conducting thorough inspections, verifying documentation, testing functionality, and consulting experts where necessary.
4.0 Financial and Legal Disclaimers
4.1 No Financial Advice or Services
- Valuation: We do not provide valuation services. Listed prices are determined entirely by sellers.
- Financial Transactions: We are not a bank, NBFC, or payment aggregator.
- Tax Implications: Users are solely responsible for determining applicable taxes (GST, etc.) and maintaining proper records.
4.2 Legal Compliance Responsibility
Each user is solely responsible for ensuring transactions comply with all applicable laws. Users must ensure transactions do not involve stolen/illegal goods, counterfeit items, regulated substances without permits, or anything prohibited by Indian law.
5.0 Risk Allocation and Liability Limitations
5.1 Complete Assumption of Risk
By using our Platform, you acknowledge and accept that you face risks including financial loss from fraud, receipt of defective items, non-delivery, misrepresentation by users, and platform technical errors.
5.2 Limitation of Liability
5.2.1 General Limitation: To the maximum extent permitted by Indian law, ApnaSell shall not be liable for any indirect, incidental, punitive, or consequential damages arising from use of the Platform or transactions between users.
5.2.2 Maximum Liability: Our maximum aggregate liability to any user shall be limited to ₹1,000 (One Thousand Indian Rupees) only or the amount paid by you to us in the last three months, whichever is less.
6.0 User Responsibilities and Obligations
6.1 Due Diligence Requirements
Users must conduct comprehensive due diligence including verifying counterparty identity (ID checks), checking ownership documents, conducting physical inspections, and obtaining signed agreements for significant transactions.
6.2 Safety and Security
- Personal Safety: Choose safe meeting locations, bring companions, and take security precautions.
- Digital Security: Protect login credentials and verify payment authenticity.
6.3 Compliance
Users must adhere to our Community Guidelines, Listing policies, and prohibited items list.
7.0 Intellectual Property and Content
7.1 User-Generated Content
Users retain ownership of content they create but grant us a license to use it. Users are solely responsible for the accuracy and legality of their content.
7.2 Platform IP
All Platform design, code, and interfaces are owned by ApnaSell and protected by copyright laws.
8.0 Dispute Resolution Between Users
8.1 No Platform Involvement: We do not investigate disputes, determine fault, enforce agreements, or provide evidence for legal proceedings.
8.2 User Resolution: Users must resolve disputes directly through negotiation, mediation, or legal proceedings.
Platform Disputes: Disputes between users and ApnaSell are subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra.
9.0 Third-Party Services and Links
We may display third-party services (payment gateways, logistics). These do not constitute endorsement. Users must independently evaluate these services and assume all risks.
10.0 Verification Services Disclaimer
10.1 Limited Verification Scope
- Phone Verification: Confirms only that a phone number is active. Does NOT verify identity.
- ID Verification (Optional): Confirms only that the ID appears valid and matches the profile.
- Limitations: Verification does NOT guarantee item authenticity, user trustworthiness, or transaction safety.
11.0 to 13.0 Platform Operations & Data
11.0 Availability
We make no guarantees regarding platform uptime or error-free operation. We reserve the right to modify or discontinue services at any time.
12.0 Indemnification
You agree to indemnify ApnaSell against any claims arising from your use of the Platform or your transactions.
13.0 Privacy
You assume responsibility for the information you share with other users. We do not monitor private communications.
14.0 Special Category Disclaimers
🏠 14.1 Property Transactions
We do NOT verify property titles, legal compliance, liens, or zoning. Users must conduct title searches, verify building plans, and check for litigation.
🚗 14.2 Vehicle Transactions
We do NOT verify vehicle history, accident records, or insurance status. Users must conduct mechanical inspections and verify RC books with RTOs.
💎 14.3 High-Value Items
For transactions > ₹50,000: Professional valuation, escrow services, and legal documentation are strongly advised.
15.0 Force Majeure
We are not liable for failures due to acts of God, war, internet failures, etc.
16.0 Severability
If any provision is invalid, the remaining provisions remain in effect.
17.0 Amendments
We reserve the right to modify this Disclaimer. Continued use constitutes acceptance.
18.0 Contact Information
Legal Department, ApnaSell Private Limited, Mumbai, Maharashtra. Email: legal@apnasell.com
19.0 Governing Law
Governed by laws of India. Exclusive jurisdiction: Mumbai, Maharashtra.
20.0 Complete Agreement
This Disclaimer + Privacy Policy + Community Guidelines constitutes the entire agreement.
Summary of Critical Points
- ✅ We connect, you transact: All deals are between users only.
- ✅ No quality guarantees: Everything is "as is".
- ✅ No payment handling: We never touch your money.
- ✅ No dispute resolution: Users resolve issues independently.
- ✅ Complete user responsibility: Due diligence is mandatory.
- ✅ Limited liability: Our responsibility is strictly defined.
- ✅ Independent verification needed: Never rely solely on platform features.
- ✅ Legal compliance is your duty: Follow all laws.
User Acknowledgment Required:
"I have read, understood, and agree to the ApnaSell Disclaimer and accept complete responsibility for my use of the Platform and all transactions resulting therefrom."
Important Note: This Disclaimer is provided for informational purposes and does not constitute legal advice. Users should consult with legal counsel to understand their rights and responsibilities.