Seller Terms & Conditions

Seller Terms & Conditions

Indian Shopping Mela

Effective date: 17 September 2026 | Version 1.0

1. Agreement and Acceptance

These Seller Terms & Conditions (Terms) apply to every person or entity that registers, is approved for, accesses or uses an ISM seller account. If you act for a company, partnership, trust, business or other organisation, you represent that you have authority to bind that entity to these Terms.

Your electronic acceptance, creation or continued use of a seller account, listing of a product, or acceptance of an order constitutes acceptance of these Terms. If you do not agree, you must not use ISM as a seller.

2. ISM's Role as Marketplace

ISM provides an online marketplace through which independent sellers can offer products to buyers. Unless ISM expressly states otherwise for a particular transaction, the seller is the supplier and seller of the product to the buyer. ISM is not the manufacturer, owner, importer, distributor or supplier of a seller's products merely because they are listed on ISM.

The contract for the sale of a seller's product is between the seller and the buyer, subject to applicable law and ISM marketplace policies. ISM may facilitate checkout, payment processing, communications, delivery integrations, refunds, dispute handling and other marketplace services without becoming the seller of the product. The seller bears responsibility for the legality, safety, quality, authenticity, licensing, approvals, certification, labelling, manufacture, importation, supply, advertising, sale and use of the products it offers. To the maximum extent permitted by law, ISM is not responsible or liable for any seller product or for claims, loss, injury, damage, regulatory action or third-party rights arising from a seller's product or conduct. Nothing in these Terms excludes liability that cannot lawfully be excluded.

Nothing in these Terms excludes any responsibility that ISM cannot lawfully exclude.

3. Seller Eligibility and Authority

To sell on ISM, you must:

be at least 18 years old and legally capable of entering binding contracts;

provide complete, current and accurate registration, identity, business, contact, dispatch and payout information;

hold, maintain and comply with every registration, licence, permit, approval, certification, authorisation, product standard, insurance requirement or other legal requirement applicable to the seller, its business or any product it offers. ISM does not obtain, verify or assume a seller's licences or regulatory responsibilities merely by permitting a listing;

have legal authority to sell every product you list and to use all content, brands, images and intellectual property included in your listings;

comply with Australian law and any other law applicable to your business, products, sales, imports, exports and deliveries;

not be suspended, prohibited or otherwise ineligible to use ISM.

4. Verification and Seller Information

ISM may request information or documents reasonably required to verify a seller, business, bank or payout account, product, transaction, legal compliance or marketplace risk. This may include identity information, business registration details, ABN information, bank or payout details, invoices, supplier information, product certificates or evidence of authenticity.

You must provide requested information accurately and within a reasonable timeframe. ISM may delay activation, restrict listings, place a reasonable hold on affected transactions or payouts, or suspend relevant functionality while required verification or a legitimate compliance, fraud, safety or dispute review is underway.

5. Seller Account Security

You are responsible for activity carried out through your seller account and for maintaining the confidentiality of passwords and authentication credentials. You must promptly notify ISM of suspected unauthorised access, compromise or misuse. You must not sell, transfer, rent or share control of your seller account without ISM's written approval.

6. Store Profile and Seller Details

Your store name, profile, logo, descriptions, support details and other seller-facing information must be accurate, lawful and not misleading. You must keep your contact, dispatch, return and payout information current. ISM may require correction of information that is inaccurate, incomplete, misleading or inconsistent with marketplace requirements.

7. Product Listings

Every listing must be complete, accurate and capable of being fulfilled. You are responsible for all listing content, including:

product title, description, category, brand, condition, size, colour, material, origin and other attributes;

images and videos that fairly represent the actual product;

price, sale price, stock quantity and variant information;

dispatch location, handling time, delivery information and any product-specific conditions;

warnings, instructions, ingredients, allergens, safety information, age restrictions or disclosures required by law;

warranty, return or other promises you make to buyers.

You must not make false, misleading, deceptive, exaggerated or unsubstantiated claims. Products must materially match their listing, photographs, description, sample and representations.

8. Pricing and Stock

You control the product price you submit, subject to applicable law and ISM policies. Prices and promotions must be genuine and must not mislead buyers about savings, previous prices or value. You must maintain accurate stock information and must not knowingly accept orders for products you cannot supply within the stated timeframe.

You are responsible for determining your tax obligations and for providing accurate tax-related information required from you. Any marketplace commission, fees and related treatment are governed by the separate ISM Commission & Fees Policy.

9. Prohibited, Restricted and Unsafe Products

You must not list, offer, sell or supply any product that is illegal, unsafe, recalled, counterfeit, stolen, infringing, misleadingly labelled, subject to an applicable prohibition, or otherwise prohibited by ISM policy.

Restricted products may only be listed where the seller and product satisfy all applicable legal and ISM requirements. ISM may remove or restrict a listing where reasonably necessary for safety, legality, intellectual property protection, marketplace integrity or compliance.

You are responsible for checking product safety standards, bans, recalls, labelling requirements and other regulatory obligations relevant to your products.

10. Authenticity and Intellectual Property

You warrant that products offered through ISM are genuine and that you have all rights required to sell them. Counterfeit goods and unauthorised replicas are prohibited.

You must not infringe copyright, trade marks, designs, patents, publicity rights or other third-party rights. If ISM receives a credible infringement complaint, it may remove or restrict affected content while the matter is reviewed.

11. Licence to Use Seller Content

You retain ownership of content you own. You grant ISM a non-exclusive, worldwide, royalty-free licence, for as long as reasonably required to operate, promote and improve the marketplace and to preserve legitimate records, to host, store, reproduce, format, resize, display, distribute and use seller-provided product images, videos, logos, store information and listing content in connection with ISM, its marketing channels and marketplace services.

You represent that you have authority to grant this licence. ISM will not acquire ownership of your trade marks or original content merely because you upload them.

12. Orders and Binding Sales

When a buyer completes an order and payment is successfully authorised or otherwise confirmed through ISM, you must fulfil the order unless cancellation is permitted by law or ISM policy. You must not cancel orders merely because you changed your mind, sold the stock elsewhere or wish to obtain a higher price.

You must promptly address stock errors or genuine fulfilment problems through the seller dashboard or ISM support.

13. Dispatch, Delivery and Tracking

You are responsible for preparing, packaging and dispatching products safely and within the handling time represented to the buyer. Packaging must be appropriate for the product and delivery method.

Where tracking is available or required, you must provide accurate tracking information promptly. You must not enter false, reused or misleading tracking details.

You remain responsible for your fulfilment obligations where you use a third-party courier, fulfilment provider or dropshipping arrangement. Any such arrangement must comply with applicable law and ISM policies.

14. Customer Service

You must communicate professionally and in good faith with buyers and ISM, respond to legitimate order issues within reasonable marketplace timeframes, and cooperate in resolving delivery, product, return, refund and complaint matters.

You must not harass, threaten, discriminate against, abuse or improperly pressure buyers, other sellers or ISM personnel.

15. Returns, Refunds and Australian Consumer Law

You must comply with the ISM Returns & Refunds Policy and all non-excludable consumer rights. Where the Australian Consumer Law applies, consumer guarantees cannot be excluded or replaced by a seller's own policy. Products supplied by a business seller must comply with applicable consumer guarantees, including requirements relating to acceptable quality, fitness for purpose, correspondence with description and applicable representations.

Where a buyer is legally entitled to a repair, replacement, refund, cancellation or compensation, you must provide the remedy required by law. A seller must not use statements such as 'no refunds' or other terms that unlawfully restrict consumer guarantee rights.

Change-of-mind returns, return windows, return shipping and marketplace procedures are governed by the separate ISM Returns & Refunds Policy, except where law gives the buyer greater rights.

16. Refunds, Chargebacks and Disputes

You authorise ISM and its payment providers to administer refunds, reversals, chargebacks and dispute adjustments connected with your marketplace transactions where required by law, an applicable payment network rule, an ISM policy, or a properly determined marketplace dispute.

You must provide information reasonably requested to investigate a dispute, including dispatch records, tracking, product information and communications. If an amount properly attributable to your transaction must be refunded or reversed, it may be recovered or offset in accordance with the applicable Commission & Fees Policy and payout arrangements, subject to law.

17. Payments and Payouts

Buyer payments and seller payouts may be processed by third-party payment providers. You must comply with any applicable payment-provider terms and provide accurate payout information.

Payout timing, payout eligibility, reserves, holds, adjustments and payout procedures are governed by the separate Indian Shopping Mela Payout Policy. Commission rates, marketplace fees, fee deductions and related commercial terms are governed by the separate Indian Shopping Mela Commission & Fees Policy. The seller must review and comply with both policies.

18. Commission and Fees

Commission rates, promotional rates, marketplace fees, GST treatment, fee calculations, deductions and related commercial terms are governed exclusively by the separate Indian Shopping Mela Commission & Fees Policy. Detailed payout timing, payout eligibility, reserves, holds, adjustments, deductions and payout procedures are governed by the separate Indian Shopping Mela Payout Policy. Those documents form part of the seller's marketplace terms but are separate documents from these Seller Terms & Conditions.

The Commission & Fees Policy forms part of your agreement with ISM. If there is a direct inconsistency between these Terms and the Commission & Fees Policy on the calculation or charging of marketplace commission or fees, the Commission & Fees Policy applies to that issue.

19. No Off-Platform Circumvention

Buyer contact details and other buyer information obtained through ISM may be used only as reasonably necessary to fulfil, deliver, support, return or resolve the buyer's ISM transaction, or where otherwise required by law. A seller must not use a buyer's phone number, email address, delivery address or other information obtained through ISM to send advertising, promotional offers, catalogues, marketing messages, invitations to purchase elsewhere, or other unrelated communications outside the ISM platform without a separate lawful basis and any consent required by law.

A seller must not encourage or direct an ISM buyer to complete an ISM-originated or prospective ISM transaction outside the platform, provide off-platform payment instructions for that purpose, or otherwise deliberately circumvent ISM marketplace fees or processes. A material or deliberate breach may result in immediate suspension or termination where reasonably necessary to protect buyers or the marketplace. ISM may also seek recovery of commission or fees that would otherwise have been properly payable and any additional direct loss that ISM can establish was caused by the breach, including loss suffered by ISM or relevant stakeholders where legally recoverable. ISM will not impose a penalty or arbitrary charge unrelated to actual loss or an amount otherwise lawfully payable.

20. Buyer Personal Information and Privacy

Buyer information supplied through ISM may only be used to fulfil and support the relevant transaction, comply with law, and for other purposes expressly permitted by ISM and applicable privacy law.

You must not sell, rent, trade or disclose buyer data, add buyers to marketing or promotional lists without a separate lawful basis and any required consent, contact buyers outside ISM for unrelated promotions or sales, or use buyer information for unrelated profiling or solicitation. You must take reasonable steps to secure personal information in your possession and notify ISM promptly of any actual or suspected unauthorised access or disclosure affecting ISM buyer data. Serious or deliberate misuse of buyer information may result in immediate account suspension or termination.

Your use of ISM is also subject to the Indian Shopping Mela Privacy Policy.

21. Reviews, Ratings and Marketplace Integrity

You must not manipulate reviews, ratings, search results, sales, popularity, referrals or other marketplace features. You must not purchase your own products, arrange sham transactions, offer prohibited incentives for misleading reviews, threaten buyers over feedback, or create accounts to evade restrictions.

22. Taxes, Records and Legal Compliance

You are responsible for your own business, income tax, GST and other tax obligations arising from your sales except to the extent the law specifically requires another party to collect, report or remit an amount. You must maintain records required by law and provide legally required receipts, tax invoices or other documentation.

You are responsible for complying with laws concerning product safety, consumer protection, fair trading, labelling, imports, intellectual property, privacy, advertising and any industry-specific requirements relevant to your products.

23. Product Recalls and Safety Incidents

You must promptly notify ISM if a product you sell is recalled, banned, subject to a safety warning, alleged to have caused serious injury, or otherwise presents a material safety risk. You must cooperate with lawful recall, notification, refund, remediation and regulatory requirements. ISM may immediately restrict affected listings or sales where reasonably necessary to protect users or comply with law.

24. Monitoring, Removal and Corrective Action

ISM may use manual or automated systems to identify suspected policy, safety, fraud, intellectual property or listing issues. Where reasonably necessary, ISM may request corrections, remove or hide content, restrict a listing, delay publication, or take other proportionate action to protect buyers, sellers, ISM or marketplace integrity.

Where appropriate, ISM may give the seller an opportunity to provide information or correct an issue. Immediate action may be taken where reasonably required for safety, fraud prevention, legal compliance, serious misconduct or urgent marketplace protection.

25. Seller Performance

Sellers are expected to maintain reasonable standards for stock accuracy, dispatch, delivery, cancellations, product quality, customer service, returns and dispute handling. ISM may contact sellers about material or repeated performance issues and may apply proportionate restrictions where poor performance creates a significant buyer or marketplace risk.

26. Suspension and Termination

You may stop selling and request closure of your seller account, subject to outstanding orders, returns, disputes, payment obligations and records that must be retained.

ISM may warn, restrict, suspend or terminate a seller account where reasonably necessary because of a material or repeated breach of these Terms or ISM policies, fraud or suspected fraud supported by reasonable grounds, illegal activity, serious safety risk, counterfeit or infringing products, non-payment of amounts properly due, abuse of users or systems, failure to complete required verification, or a legal/regulatory requirement.

Where practicable and appropriate, ISM will provide notice and a reason for material account action. ISM may act without prior notice where immediate action is reasonably necessary for safety, fraud prevention, security, legal compliance or prevention of serious harm.

27. Effect of Account Closure

Account closure or termination does not cancel obligations arising from transactions completed before closure. Provisions concerning outstanding payments, refunds, disputes, intellectual property, confidentiality, privacy, liability, indemnities, records and dispute resolution continue to the extent necessary.

28. ISM Service Availability

ISM aims to provide a reliable marketplace but does not promise uninterrupted or error-free availability. Features may be changed, maintained, suspended or discontinued from time to time. Where a material change adversely affects sellers, ISM will provide reasonable notice where practicable, unless urgent action is required for security, safety, legal or technical reasons.

29. Seller Responsibility for Products

The seller is solely responsible for the products it lists, markets, sells, supplies or dispatches through ISM, including their legality, safety, quality, authenticity, condition, fitness, labelling, packaging, warnings, instructions, warranties and compliance with applicable standards and laws.

The seller is responsible for obtaining and maintaining all licences, permits, registrations, approvals, certifications, consents, intellectual property permissions and other authorisations required for its business and products. Approval of a seller account or publication of a listing by ISM is not an endorsement, certification, inspection or representation by ISM that the seller or product complies with law.

To the maximum extent permitted by law, ISM and its officers, employees, agents and marketplace stakeholders are not responsible for a seller's products or for claims, injury, loss, damage, recall, defect, regulatory action, infringement or other liability arising from the manufacture, importation, description, marketing, supply, sale, delivery or use of a seller's products. This does not exclude or restrict any liability that cannot lawfully be excluded.

30. Seller Warranties

You represent and warrant that:

the information you provide to ISM is materially accurate and not misleading;

you are authorised to operate the seller account and sell the listed products;

your products, listings, marketing and fulfilment comply with applicable law;

your products are not counterfeit and do not infringe third-party rights;

you will honour lawful buyer rights and your valid representations and warranties;

content supplied by you may lawfully be used by ISM as described in these Terms.

31. Liability

To the maximum extent permitted by law, each party remains responsible for loss or liability arising from its own acts, omissions, breaches and legal obligations. Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to those non-excludable rights, ISM is not responsible for a seller's products, product defects, product descriptions, seller conduct, fulfilment failures or independent acts of buyers, couriers or third parties merely because the transaction occurred through the marketplace.

To the extent permitted by law, ISM is not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by matters outside ISM's reasonable control, except to the extent such liability cannot lawfully be excluded.

32. Seller Indemnity

To the extent permitted by law, you indemnify ISM and its officers, employees and agents against third-party claims, losses, liabilities and reasonable costs to the extent caused by your unlawful products, breach of these Terms, infringement of third-party rights, misleading listing content, failure to meet your legal obligations to a buyer, or misuse of personal information. This indemnity is reduced to the extent the relevant loss was caused or contributed to by ISM's own breach, negligence or unlawful conduct.

33. Policies Incorporated into These Terms

The following ISM policies, as applicable, form part of the seller agreement:

Commission & Fees Policy;

Returns & Refunds Policy;

Privacy Policy;

Shipping/Delivery Policy;

Prohibited & Restricted Products Policy and any category-specific seller rules published by ISM.

If a policy contains specific rules for a subject and these Terms contain general rules for the same subject, the specific policy applies to that subject to the extent of any direct inconsistency, unless doing so would be unlawful.

34. Changes to These Terms

ISM may update these Terms to reflect changes in law, marketplace functionality, security, business operations or seller requirements. For material changes that adversely affect sellers, ISM will provide reasonable advance notice where practicable and required by law. Changes may take effect sooner where reasonably necessary to comply with law, address fraud or security, respond to an urgent safety issue, or make a change that does not materially reduce seller rights.

Where required, ISM may ask you to accept updated Terms before continuing to sell. Your continued use after an effective date constitutes acceptance where permitted by law.

35. Communications and Electronic Notices

You consent to receiving seller-related notices electronically through your registered email address, seller dashboard or other electronic channel associated with your account. You must keep your contact details current. Transactional, legal, security and account communications may be sent even if you opt out of marketing.

36. Governing Law and Disputes

These Terms are governed by the laws applicable in Victoria, Australia, and the parties submit to the courts and tribunals having jurisdiction there, subject to any mandatory rights or jurisdiction that cannot lawfully be excluded.

Before commencing formal proceedings, the parties should first attempt in good faith to resolve the dispute by contacting the other party and providing reasonable details of the issue. Nothing in this clause prevents either party from seeking urgent relief or exercising rights under applicable consumer, small business or other laws.

37. General

If any provision of these Terms is invalid or unenforceable, it is to be read down to the extent necessary or, if that is not possible, severed without affecting the remaining provisions. A failure or delay in enforcing a right is not a waiver of that right. Headings are for convenience only.

These Terms and the incorporated ISM policies constitute the agreement governing your use of ISM as a seller, subject to any separate written agreement expressly entered into between you and ISM.

38. Contact

Seller and policy enquiries:

Indian Shopping MelaEmail: support@indianshoppingmela.com.auWebsite: indianshopping.online