All contractual terms of the manner and terms and conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that you may transact with.
You will treat the Website as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
1) belongs to another person and to which You do not have any right to;
2) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3) harm minors in any way;
4) infringes any patent, trademark, copyright or other proprietary rights or third party???s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
5) violates any law for the time being in force;
6) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7) impersonate another person or use an anonymous proxy;
8) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
9) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
10) shall not be false, inaccurate or misleading;
11) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
12) may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
13) link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under
(ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at [email protected]
If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
You shall not attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.