Terms of Service

Preamble

ClapNow is a curated online marketplace for preloved and thrifted fashion, connecting independent sellers with buyers across India. These Terms of Service ("Terms") set out the legally binding agreement between ClapNow ("we", "us", "our", the "Platform") and any person who accesses, browses, registers on, or transacts through the Platform ("you", "User").

By using ClapNow in any manner, you agree to be bound by these Terms, together with our Privacy Policy, Shipping & Returns Policy, Money Protection Policy, and Cookie Policy, each of which is incorporated into these Terms by reference.

These Terms are framed with reference to the Information Technology Act, 2000 and the rules made thereunder, the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023.

1. Definitions

• "Buyer" means a User who purchases, or seeks to purchase, a Product listed on the Platform.
• "Order" means a request placed by a Buyer to purchase a Product, subject to acceptance and fulfilment as described in these Terms.
• "Platform" means the ClapNow website, mobile experience, and any related services operated by ClapNow.
• "Policies" means all policies published by ClapNow from time to time, including the Privacy Policy, Shipping & Returns Policy, Money Protection Policy, and Cookie Policy.
• "Product" means any item of clothing, footwear, accessory, or other article listed for sale on the Platform by a Seller.
• "Seller" means a User who lists a Product for sale on the Platform.

2. Eligibility

You must be at least 18 years of age, or using the Platform under the supervision of a parent or legal guardian who accepts responsibility for your use, to buy or sell on ClapNow. By using the Platform, you represent that you meet this requirement.

3. Account Registration and Security

You may be required to create an account with accurate and current information to access certain features of the Platform, including placing Orders and listing Products. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify us promptly at help@clap.now if you suspect any unauthorized use of your account. ClapNow reserves the right to suspend or terminate any account suspected of misuse, impersonation, or fraudulent activity.

4. Nature of the Platform

ClapNow is an intermediary marketplace. We do not manufacture, own, or take title to any Product listed on the Platform at any point. Every Product is listed and sold by an independent Seller, who is solely responsible for its accuracy, condition, authenticity, and description.

ClapNow curates and reviews listings before they go live, but this review does not constitute a guarantee, warranty, or certification of authenticity beyond what is stated in our Money Protection Policy.

5. Listings and Product Information

Sellers are solely responsible for the accuracy of the information, images, and descriptions provided for their Products. ClapNow may review, edit, reject, or remove any listing at its sole discretion, including where a listing appears inaccurate, misleading, or in violation of these Terms.

Product images are for reference only and may vary slightly from the actual item due to lighting, photography, or device display settings. All Products are pre-owned and sold in the condition described in the listing.

6. Pricing and Payments

All prices displayed to Buyers are in Indian Rupees and are inclusive of the ClapNow platform fee. The price shown at checkout is final and no additional charges apply unless explicitly stated at the time of purchase.

Payments may be made through the payment methods enabled on the Platform from time to time, including cards, UPI, and net banking, processed through secure third-party payment gateways. ClapNow does not store your full payment card details.

7. Order Acceptance

Placing an Order constitutes an offer by the Buyer to purchase the selected Product. An Order is confirmed only once payment has been successfully processed and held in escrow as described in Clause 9. ClapNow reserves the right to decline or cancel an Order at its discretion, including in cases of suspected fraud, pricing error, or unavailability of the Product.

8. Shipping and Delivery

Shipping timelines are set by the individual Seller and displayed on the relevant product page, and may vary from Seller to Seller. Once a Product is dispatched, tracking details will be shared with the Buyer where available.

It is the Buyer's responsibility to provide a complete and accurate delivery address. ClapNow is not responsible for delays or misdelivery arising from incorrect address information provided by the Buyer, or for delays caused by courier partners once a Product has been dispatched.

9. Payment Protection (Escrow)

Every payment made on ClapNow is held securely by us and is not released to the Seller at the time of purchase. Payment is released to the Seller only after the ClapNow team has verified that the Order has been delivered. Further detail on this mechanism, and what happens if something goes wrong, is set out in our Money Protection Policy.

10. Returns, Refunds, and Cancellations

All sales on ClapNow are final. Orders cannot be cancelled once placed, at any stage. Returns and refunds are handled exclusively under our Money Protection Policy and Shipping & Returns Policy, which set out the limited circumstances in which a refund applies and how to raise a claim.

11. User Conduct

You agree not to:

• List or attempt to sell counterfeit, stolen, or prohibited items.
• Misrepresent your identity, or the condition, authenticity, or description of any Product.
• Circumvent the Platform to transact directly with another User in order to avoid applicable fees.
• Use the Platform for any unlawful purpose, or in a manner that disrupts its operation.
• Upload false, misleading, abusive, or defamatory content.

12. Intellectual Property

All content on the Platform, including the ClapNow name, logo, branding, design, and site content, is the property of ClapNow and may not be copied, reproduced, or used without prior written permission. You are granted a limited, non-exclusive, revocable license to access and use the Platform for personal, non-commercial purposes only.

13. Limitation of Liability

ClapNow acts solely as an intermediary marketplace and is not liable for the quality, safety, authenticity, or legality of Products listed by Sellers, except as expressly provided under our Money Protection Policy. To the maximum extent permitted by applicable law, ClapNow's total liability arising out of any Order is limited to the amount paid for that Order.

ClapNow shall not be liable for any indirect, incidental, or consequential loss arising from your use of the Platform. This Clause does not limit any liability that cannot be excluded under applicable Indian law.

14. Indemnity

You agree to indemnify and hold ClapNow harmless from any claims, damages, losses, or expenses arising from your breach of these Terms, your misuse of the Platform, or your violation of any applicable law or third-party right.

15. Force Majeure

ClapNow shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government action, strikes, internet or courier disruptions, or other unforeseeable events. Affected obligations shall be suspended for the duration of such event.

16. Grievance Redressal

If you have any complaint or concern regarding your use of the Platform, an Order, or these Terms, you may write to us at help@clap.now. We aim to acknowledge all grievances promptly and resolve them within a reasonable time.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka.

18. Amendments

ClapNow may revise these Terms at any time by posting the updated version on the Platform. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Policies referenced herein, constitute the entire agreement between you and ClapNow regarding your use of the Platform, superseding any prior understanding on the subject.

21. Contact

ClapNow

Ground Floor, No. 1, Pai Layout, Chunchgatta Main Road, Konanakunte, Bengaluru - 560062, Karnataka, India

Email: help@clap.now