THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (“YOU“) AND CLICK INDIA CLICK. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH CLICK INDIA CLICK.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Platform and the features therein is governed by the following terms and conditions including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Click Indian Click, and these terms and conditions including the policies constitute your binding obligations to Click Indian Click.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the agreement and considered a part and parcel of the agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the agreement at any time. We will notify you through any of the communication modes as mentioned in this agreement in case of any changes or updates to the agreement that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the agreement, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
Buyers & Sellers
For reference, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Click Indian Click reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Click Indian Click notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the terms and conditions and you have the authority to bind the business entity to the terms and conditions. As part of the application, you must provide us with your (or your business’) legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request.
Click India Click is a web based information exchange and transaction platform between buyers and sellers. However, for any transaction Click India Click is not liable for the quality, safety, lawfulness or availability of the products or services offered for sale the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. Users are informed that there may be risks of dealing with people acting under false pretences. We use several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Click India Click cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Fees and Payment
In order to sell your products on the Platform, you are required to pay the applicable fees. Click Indian Click will provide notice of such fees and the options then in effect on the Platform. Click Indian Click currently have two fees 1. Registration/Subscription Fees, 2. Transaction Fee and a monthly hosting fee.
We will send invoices via your registered email or a notification. The transaction fee will be billed from the date of your first transaction. Click India Click will raise an invoice every 7 days covering all transactions carried out during these previous 7 days. You agree to pay the outstanding invoices raised by Click India Click according to the due date stated in each invoice (the payment due date). By creating an account, you authorise Click India Click to auto-debit any outstanding amount from your Authorised Payment Source. There will be a processing fee for all invoices outstanding, partially or full, beyond Payment Due date. If you do not pay an outstanding invoice beyond the Payment Due Date. Click Indian Click reserves the right to disrupt the services and delete your account. You may upgrade to the Subscription/ registration at any time provide that you have fully paid up all invoices and/or outstanding payments due to us. If we are unable to auto-debit the renewal subscription fee from your authorised payment source for any reason whatsoever, we may, in our sole discretion, recover the same from you at a later time or deactivate your account. Click India Click will not provide refunds/rebates on your transaction and subscription fee for any reason. The use of certain services will be subject to payment of fees. If you wish to use such services, you are required to pay all applicable fees accordingly. We reserve the right to vary the pricing and fees applicable from time to time. Click India Click will provide information regarding the prevailing fees or any variations thereto on the Platform.
We act as a platform to allow our users to offer, sell, and buy products and services. Although you may be able to conduct payment and other transactions through the platform, using third-party vendors such Click Indian Click is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Click Indian Click is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
You understand that Click Indian Click does not control, and is not responsible for ads, business listings and information, messages or emails or any communication between users or from outside Click Indian Click ‘s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service, and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Click Indian Click be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Click Indian Click cannot and does not pre-screen or approve any Content, but that Click Indian Click has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Click Indian Click knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (“Third Party Websites“), which are completely unrelated to Click Indian Click. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Click Indian Click makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Click Indian Click disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Click Indian Click to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Click Indian Click an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Click Indian Click (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Click Indian Click in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Click Indian Click all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Click Indian Click may offer the facility of automatically capturing of the “Description” of your ad based on the images uploaded by you. Click Indian Click makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you. The foregoing license to each user granted by you terminates once you or Click Indian Click remove or delete such Content from the Platform. Further, you grant Click Indian Click the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
Click Indian Click does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Click Indian Click expressly disclaims any and all liability in connection with User Content. Click Indian Click does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Click Indian Click may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. Click Indian Click reserves the right to remove any Content without prior notice. Click Indian Click may also terminate a user’s access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Click Indian Click reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Click Indian Click all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that impersonates any person or entity, including, but not limited to, a Click Indian Click employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Click Indian Click users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by Click Indian Click;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third party website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by Click Indian Click or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
- use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of Click Indian Click “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- use any automated device or software that enables the submission of automatic postings on Click Indian Click without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Click India Click (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
Act of God
Under no circumstances shall Click India Click be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
If any dispute arises between you and other users, you relive us ((and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Disclaimer of Warranties & Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY CLICK INDIA CLICK ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLICK INDIA CLICK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CLICK INDIA CLICK RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLICK INDIA CLICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLICK INDIA CLICK DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CLICK INDIA CLICK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLICK INDIA CLICK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Claims of Infringements
We will not be held liable for any infringements of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Click India Click together with a request to Click India Click to delete the relevant Content in good faith.