Terms and Conditions
Last Updated: February 19, 2025
1. Introduction and Acceptance
Welcome to NewsletterMart.com ("NewsletterMart," "we," "us," or "our"), a platform owned and operated by Thatha Business Development LLP, registered in Bihar, India. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and NewsletterMart regarding your use of our website, platform, and services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
2. Definitions
- "Platform" refers to NewsletterMart.com and all related services
- "User" refers to any person or entity accessing or using the Services
- "Seller" refers to any User listing a newsletter for sale on the Platform
- "Buyer" refers to any User interested in or purchasing newsletters through the Platform
- "Newsletter" refers to the digital asset, including but not limited to subscriber lists, content, branding, and associated intellectual property being sold through the Platform
3. Eligibility and Account Creation
3.1. To use our Services, you must:
- Be at least 18 years old
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete information during registration
- Maintain the security of your account credentials
3.2. If you are creating an account on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Platform Services and Fees
4.1. NewsletterMart provides a marketplace connecting newsletter sellers with potential buyers. All transactions must be conducted through our platform.
4.2. Our fees are denominated in USD. Current fee structure:
- Platform commission: 10% of the final sale price
- All fees are non-refundable unless explicitly stated otherwise
5. Due Diligence and Verification
5.1. While NewsletterMart conducts basic verification of listings, BUYERS ARE SOLELY RESPONSIBLE for conducting their own due diligence before completing any purchase.
5.2. Our verification process does not constitute:
- A guarantee of the newsletter's performance
- Financial advice or valuation services
- Legal advice regarding the transaction
- A warranty of any kind
5.3. Buyers acknowledge that they are purchasing the newsletter "AS IS" and have independently verified all claims and representations made by the Seller.
6. Transaction Process and Escrow
6.1. All transactions must follow our prescribed process:
- Initial agreement between Buyer and Seller
- Execution of our standard purchase agreement
- Payment into escrow
- Asset transfer per our instructions
- 30-day support period
- Final release of funds
6.2. Once a sale is marked as complete and funds are released from escrow, the transaction is final and irreversible unless there is clear evidence of fraud.
7. Seller Obligations
7.1. Sellers must:
- Provide accurate and complete newsletter information
- Hold valid rights to sell the newsletter
- Transfer all assets as agreed upon
- Provide 30 days of reasonable transition support
- Not misrepresent the newsletter's performance
7.2. Sellers are prohibited from:
- Circumventing the platform
- Selling the same newsletter to multiple buyers
- Making false or misleading claims
- Violating any applicable laws or regulations
8. Buyer Obligations
8.1. Buyers must:
- Conduct due diligence before purchasing
- Use our escrow service for all transactions
- Follow the prescribed transfer process
- Verify all deliverables before confirming completion
- Pay all applicable fees and charges
8.2. Buyers acknowledge that:
- Past performance does not guarantee future results
- NewsletterMart is not responsible for newsletter performance
- All sales are final once escrow is released
- The 30-day support period is for transition only
9. Intellectual Property
- Platform Content: All content on NewsletterMart.com is our intellectual property and protected by applicable laws.
- Newsletter Content: Buyers receive only the rights explicitly transferred in the purchase agreement.
10. Prohibited Activities
Users are prohibited from circumventing the platform, engaging in fraud, violating IP rights, harassing others, manipulating the platform, or using it for illegal purposes.
11. Limitation of Liability
11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWSLETTERMART SHALL NOT BE LIABLE FOR:
- Indirect or consequential damages
- Lost profits or data
- Business interruptions
- Damages exceeding fees paid over the last 12 months
11.2. We do not guarantee newsletter performance, accuracy of seller representations, or future returns.
12. Dispute Resolution
12.1. Mandatory Arbitration: All disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
12.2. Class Action Waiver: YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY, WAIVING ANY RIGHT TO A CLASS ACTION.
12.3. Governing Law: These Terms are governed by the laws of Bihar, India.
13. Termination
13.1. We may suspend or terminate your access at any time, without notice.
13.2. Upon termination, you must stop using the Services, and any ongoing obligations remain in effect.
14. Modifications to Terms
14.1. We may change these Terms at any time, and updates are effective upon posting.
14.2. Continued use after changes indicates acceptance.
15. Contact Information
For questions, contact us at: [email protected]
16. Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
By using NewsletterMart.com, you acknowledge that you have read, understood, and agree to these Terms and Conditions.