Store & Consultation Platform Terms & Conditions

This agreement ("Agreement" or "Terms") is entered into between:

1. Saurabh Kumar Dey, sole proprietor trading under the name and style "IdentiQ", with registered address in Uttar Pradesh, India (hereinafter referred to as "IdentiQ", the "Platform", "We", "Us", or "Our", which expression shall include successors, administrators, and permitted assigns); and
2. The individual, proprietorship, company, firm, or legal entity who accesses, activates, registers, lists products or services on, or utilizes the Store or Consultation modules (hereinafter referred to as the "Seller", "Consultant", "Service Provider", "You", or "Your").

By checking the electronic acceptance box, clicking "Accept & Continue", activating a Store, listing a digital or physical product, creating a consultation schedule, or receiving payments through IdentiQ, You explicitly acknowledge, confirm, and agree to be bound by all the terms and conditions set forth herein. If You do not agree to these Terms, You must not activate or use the Store or Consultation modules.

2.1. Technology Enabler / Intermediary Status: IdentiQ operates strictly as an intermediary technology platform under Section 79 of the Information Technology Act, 2000, and as an e-commerce marketplace facilitator under the Consumer Protection (E-Commerce) Rules, 2020.

2.2. Independent Seller Relationship: You acknowledge and agree that IdentiQ is NOT a retailer, reseller, manufacturer, distributor, common carrier, financial advisor, or legal counselor. The commercial contract for the sale of Products or the performance of Consultation Services is strictly a bilateral contract between You (the Seller/Consultant) and the Buyer.

2.3. No Endorsement or Warranty of Listings: IdentiQ does not endorse, curate, guarantee, or inspect the quality, authenticity, accuracy, safety, or legality of Products or Consultation Services listed by Sellers.

3.1. Eligibility Criteria: To activate Store or Consultation functionality, You represent and warrant that You are at least eighteen (18) years of age, legally competent to contract under the Indian Contract Act, 1872, possess an active IdentiQ account in good standing, and have provided true and complete account details.

3.2. Identity Verification & KYC: In compliance with PMLA regulations and RBI Payment Aggregator directives, IdentiQ and its Payment Gateway partners reserve the right to mandate Know-Your-Customer (KYC) documentation (including PAN, GSTIN, bank proof, and registered address verification) before releasing settlements.

4.1. Product Accuracy: Sellers must provide accurate titles, realistic descriptions, high-resolution imagery, clear pricing, and transparent refund terms for every listed Product.

4.2. Digital File Integrity: For digital products, the Seller is solely responsible for uploading non-corrupted, virus-free, functional files. IdentiQ provides automated download token links but does not verify file contents.

4.3. Physical Shipping & Logistics: For physical merchandise, the Seller is solely responsible for packaging, shipping, delivery insurance, tracking notifications, and transit safety. IdentiQ does not provide fulfillment or courier services.

4.4. Pricing Disclosures: All prices must be clearly denominated in Indian Rupees (INR) or supported currencies and must explicitly indicate whether taxes are included or extra.

5.1. Slot Availability: Consultants must maintain accurate working hours, buffer times, and calendar integrations.

5.2. Session Delivery: Consultants agree to attend confirmed bookings punctually via the specified meeting URL (e.g., Google Meet, Zoom) or designated physical location.

5.3. Rescheduling & Absence: If a Consultant is unable to attend a scheduled session, the Consultant must notify the Buyer at least 4 hours in advance and provide alternative slots. Failure to attend a paid consultation without notice entitles the Buyer to an unconditional 100% refund.

8.1. Settlement Timeline: Net Settlements are processed through authorized banking channels (NEFT / RTGS / IMPS / UPI) to the verified Indian bank account provided by the Seller on a standard T+2 or T+3 business day basis.

8.2. Minimum Payout Threshold: IdentiQ may establish a reasonable minimum payout threshold (₹100) to optimize banking transaction costs.

8.3. Right of Set-Off & Holdback: IdentiQ reserves the right to withhold, freeze, or set off settlement amounts against Seller balances in cases of excessive chargebacks, suspected fraud, incomplete KYC, or agreement breach.

9.1. Seller Tax Obligation: The Seller is solely responsible for determining, assessing, collecting, reporting, and remitting all applicable direct and indirect taxes (GST, income tax) from sales to Buyers.

9.2. Customer Invoicing: Commercial invoices for product sales/consultations are issued by the Seller directly to the Buyer.

9.3. Platform Invoicing: IdentiQ issues monthly tax invoices to the Seller solely for the Platform Fees charged and GST collected on such services.

9.4. TDS / TCS: IdentiQ deducts and collects statutory TDS under Section 194-O of the Income-tax Act, 1961 and TCS under Section 52 of the CGST Act, 2017 as mandated by law.

10.1. Seller Responsibility: The Seller is solely responsible for fulfilling return, replacement, and refund requests made by Buyers in accordance with stated policies and consumer protection statutes.

10.2. Digital Products Waiver: Digital downloads provided immediately upon payment are generally non-refundable once the download access key is generated, unless defective.

10.3. Platform Intervention: In verified cases of non-delivery, corrupt digital files, or consultation no-shows, IdentiQ reserves the right to issue a full refund to the Buyer from the Seller's pending settlements.

11.1. Chargeback Liability: If a Buyer's bank or card issuer initiates a chargeback or reversal, the Seller bears full liability for the disputed amount plus any penalties levied by the payment aggregator.

11.2. Evidence Submission: The Seller must provide delivery proof, tracking numbers, chat logs, or attendance records within forty-eight (48) hours of notification to contest a chargeback.

12.1. Seller Content Ownership: You retain all intellectual property rights in the content, graphics, text, digital media, and course materials You upload to the Platform.

12.2. Limited Platform License: By uploading content, You grant IdentiQ a non-exclusive, worldwide, royalty-free license to host, display, cache, format, and transmit Your listings solely for facilitating sales on the Platform.

12.3. Platform IP: All software, interfaces, designs, source code, logos, trademarks, and algorithms comprising IdentiQ remain the exclusive property of Saurabh Kumar Dey.

13.1. Data Controller Role: You act as the sole Data Controller for Buyer customer data (names, email addresses, phone numbers, shipping addresses) collected through Your storefront.

13.2. Data Processing by IdentiQ: IdentiQ processes Buyer data strictly on Your instructions as a Data Processor to facilitate orders, send transactional receipts, and generate download tokens.

13.3. Privacy Compliance: You agree never to sell, leak, spam, or misuse Buyer contact information and to comply with the Digital Personal Data Protection Act, 2023 (DPDP Act).

You represent, warrant, and covenant that: (a) You have full legal authority to enter into this Agreement; (b) Your listings do not infringe upon any third-party patent, copyright, or trademark; (c) You will fulfill all orders in a timely and professional manner; (d) You will not engage in deceptive marketing practices.

You agree to defend, indemnify, and hold harmless Saurabh Kumar Dey, IdentiQ, its officers, affiliates, contractors, and licensors from and against any claims, liabilities, damages, judgments, losses, and legal fees arising out of: Your breach of this Agreement; defects or infringements in listed Products/Services; disputes between You and Buyers; or tax defaults.

16.1. "AS IS" Basis: THE STORE AND CONSULTATION PLATFORM MODULES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

16.2. Cap on Monetary Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDENTIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

16.3. Aggregate Liability: OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL PLATFORM FEES ACTUALLY RETAINED BY IDENTIQ FROM YOUR ACCOUNT IN THE PRECEDING THREE (3) MONTHS.

17.1. Term: This Agreement commences upon electronic acceptance and continues until terminated by either party.

17.2. Termination by Seller: You may deactivate Your Store or Consultation services at any time via Account Settings, provided pending orders and bookings are honored.

17.3. Termination by IdentiQ: IdentiQ may suspend or terminate access immediately for breach, failed KYC, chargebacks, or fraud.

18.1. Version Control: IdentiQ maintains strict cryptographic versioning of these Terms with unique SHA-256 document hashes.

18.2. Amendments: IdentiQ reserves the right to amend these Terms. Sellers will be prompted to review and accept updated versions.

18.3. Mandatory Re-acceptance: Continued use of Store or Consultation modules following amended versions requires explicit electronic acceptance.

19.1. Section 65B Compliance: Electronic acceptance records, timestamps, SHA-256 document hashes, server audit logs, IP addresses, and user-agent data constitute valid and admissible electronic evidence under Section 65B of the Indian Evidence Act, 1872 and the Information Technology Act, 2000.

19.2. Immutable Log: Every acceptance event is permanently and immutably recorded in the IdentiQ database and viewable within Your Account Settings.

22.1. Entire Agreement: This Agreement, together with the General Terms of Service and Privacy Policy of IdentiQ, constitutes the entire and exclusive understanding between You and IdentiQ regarding the Store and Consultation modules.

22.2. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

22.3. No Waiver: The failure of IdentiQ to enforce any right or provision hereof shall not constitute a waiver of such right or future enforcement.

22.4. Force Majeure: IdentiQ shall not be liable for any failure or delay in platform performance resulting from acts of God, cyberattacks, banking outages, telecom failures, government orders, or events beyond reasonable control.