Terms of Use

1. Who can use the Platform

• You must be at least 18 years old and authorised to enter into a contract on behalf of the business you are registering.
• You must have a valid Indian mobile number reachable for OTP verification.
• The business must be a lawful enterprise permitted to trade in the goods or services it lists.
• One authorised person may register a business. Additional employees are added from within the app and act on behalf of the business.

We may refuse or terminate a registration if these conditions are not met.

We do not process personal data of anyone under 18 for behavioural tracking or targeted advertising purposes, and we do not direct such advertising to users who are minors.

2. Your account

• Keep your phone, OTP and any employee credentials confidential. You are responsible for all activity that happens under your account.
• Notify us at [email protected] if you suspect your account has been compromised.
• Keep your business information — including licence number, contact details and branch address — accurate and up to date.

3. What Serckl provides

The Platform lets you:

• create a merchant profile and one or more branches,
• publish deals and events to Serckl's discovery surfaces,
• receive, confirm, stage and redeem customer deal-claims,
• manage employees and roles within your business,
• track claim history and basic reporting.

Serckl is a discovery and claim-management platform. Serckl is not a party to the underlying transaction between you and the customer. The customer's payment (where applicable) and fulfilment of the goods or services claimed are directly between you and the customer.

We may add, change or remove features from time to time. Where a change materially reduces functionality you rely on, we will give you reasonable notice in the app before the change takes effect.

4. Verification

• We may ask you to upload photographs of your premises and copies of your business licence or GST registration to verify the business.
• You confirm that the media you upload is genuine, recent, and taken by you (or with authorisation) at the registered premises.
• Submitting fake, altered or misleading documents is a material breach of these Terms and may result in immediate suspension.

5. Your obligations for deals, events and fulfilment

You are solely responsible for the accuracy, legality and quality of everything you publish on the Platform. In particular:

Serckl is not liable for disputes between you and a customer that arise from your listings or your fulfilment.

6. Content and intellectual property

• Your content. You retain all intellectual property in the deal images, event media, branch photos and other content you upload ("Merchant Content").
• Licence to Serckl. You grant Serckl a non-exclusive, royalty-free, worldwide licence to host, cache, resize, adapt, display and distribute Merchant Content on the Platform and in Serckl's promotional materials for the purpose of running the service. This licence ends when you delete the content or your account, subject to reasonable delays for cached or backed-up copies.
• No third-party rights infringement. You warrant that you have all rights required to upload the Merchant Content and that it does not infringe any copyright, trademark, publicity right or other right of a third party.
• Serckl's IP. Serckl and Aurtrio retain all right, title and interest in the Platform itself — the software, the design, the "Serckl" brand and marks. You may not copy, reverse engineer, decompile, or create derivative works from the Platform except as permitted by law.

7. Prohibited use

You must not:

• publish false, misleading, defamatory or unlawful content;
• impersonate another business, person or Serckl itself;
• use the Platform to defraud customers or evade tax;
• attempt to circumvent the Platform's fees, commissions or payout arrangements;
• interfere with the operation of the Platform (denial-of-service, injection attacks, scraping at a rate that degrades service);
• copy, resell or redistribute customer personal data received through the Platform for any purpose other than fulfilling the specific claim;
• automate the creation of claims, redemptions or listings other than through APIs we have formally authorised;
• use the Platform in violation of any applicable law or regulation.

Breach of this section may result in immediate suspension or termination and may be reported to law enforcement.

8. Fees, commissions and payouts

• Fees, commissions and any subscription charges are as published from time to time inside the app or at business.serckl.com. Where the Platform is currently free to use, we reserve the right to introduce charges in future with at least 30 days' prior in-app notice before the charges take effect.
• Payouts (if applicable) are made to the bank account or payment instrument you register with the Platform. You are responsible for keeping those details accurate.
• Taxes on Serckl's fees are additional and payable by you at the applicable rates.

9. Third-party services

The Platform uses third-party services (for example Google Firebase for authentication, Google Maps for geocoding, and payment gateways where enabled). Your use of those features is also governed by the third party's own terms and privacy policies where relevant. We are not liable for outages or failures caused by these third parties.

10. Customer personal data you handle

When a customer claims a deal, you receive limited personal data about that customer (for example, their delivery address and phone number for a delivery order). You must:

• use that data only to fulfil the claim,
• protect it with reasonable security measures,
• not sell, share or reuse it for any other purpose,
• delete or securely dispose of it once the claim is complete and any tax retention period has expired,
• honour any request you receive directly from a customer regarding their data, and cooperate with Serckl in honouring requests routed through us.

You are solely responsible for how you handle customer data retained in your own systems for fulfilment purposes.

11. Suspension and termination

12. Warranties and disclaimers

• The Platform is provided "as is" and "as available". To the extent permitted by law, Serckl disclaims all implied warranties including warranties of merchantability, fitness for a particular purpose and non-infringement.
• We do not warrant that the Platform will be uninterrupted, error-free, or that any specific level of customer discovery, claim volume or revenue will be achieved.
• Nothing in this section limits any liability that cannot be excluded under Indian law (including under the Consumer Protection Act, 2019 where it applies).

13. Limitation of liability

To the maximum extent permitted by Indian law:

• Serckl is not liable for indirect, incidental, special, punitive or consequential losses, or for loss of profit, loss of business, loss of goodwill or loss of data.
• Serckl's aggregate liability to you for all claims arising out of or in connection with the Platform and these Terms, whether in contract, tort or otherwise, is limited to the greater of (a) the fees you have paid Serckl in the twelve months immediately before the event giving rise to the claim, or (b) ₹10,000.

14. Indemnity

You will indemnify and hold Serckl, Aurtrio LLP, and their officers, employees and agents harmless from and against any claim, loss, damage, penalty, or reasonable legal expense arising out of:

• your Merchant Content or any listing you publish on the Platform,
• your fulfilment or non-fulfilment of a customer's claim,
• your misuse of customer personal data received through the Platform,
• your breach of these Terms or of any applicable law.

15. Changes to these Terms

We may update these Terms from time to time. When we make a material change we will update the "Effective date" and "Version" above, show an in-app notice the next time you open the app, and ask you to accept the updated Terms before continuing to use affected features. Continued use of the Platform after the effective date of a change means you accept the change. If you do not accept a change you must stop using the Platform and, if you wish, delete your account.

16. Grievances and disputes

• Grievances. Complaints about how we handle your personal data go to our Grievance Officer at [email protected]. Other complaints about the Platform go to [email protected]. We aim to acknowledge within 48 hours and resolve within 30 days.
• Disputes. Any dispute arising out of or in connection with these Terms will first be attempted to be resolved by good-faith discussion between the parties. Failing that, either party may elect to refer the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Kerala, India, and proceedings conducted in English. If neither party elects arbitration, or if arbitration is not available for the nature of the dispute, the dispute will be subject to the exclusive jurisdiction of the courts of Kerala, India, and governed by the laws of India.

17. Miscellaneous

• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition or reorganisation.
• Notices. We may give you notice through the app, at the email address on your account, or by posting on business.serckl.com. You may give us notice at [email protected].
• Severability. If any provision of these Terms is held invalid, the remaining provisions continue in effect.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Serckl about the Platform and replace any previous agreements on the subject.
• No waiver. A failure to enforce a right under these Terms is not a waiver of that right.