1. Acceptance Of Terms
Pepsell provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as "the Service") subject to the following terms and conditions ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Pepsell services, you agree to abide by any applicable posted guidelines for all Pepsell services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Pepsell in any way, your only recourse is to immediately discontinue use of Pepsell. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s).
2. User Conduct:
1. The user will not post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, ethnically offensive or inappropriate information in the website.
2. Link to any worms or viruses or any code of a destructive nature.
3. To refrain from framing or mirroring any portion of the website.
4. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
3. Copyright Policy:
The information contained in this website has been prepared and owned by advertiser, sponsor and website. Users can print or download extracts from the website for personal or non-commercial use. No part of the website or any material appearing on it may be reproduced on, stored in or transmitted to any other website without prior written permission.
We reserve the right, from time to time, with or without notice to you, to change these Terms & Conditions in our sole and absolute discretion. You must review this agreement on a regular basis to keep yourself apprised of any changes. Your use of the website or continued use of our service after changes are made means that you agree to be bound by such changes.
5. Links to Other Sites:
The Sites may contain links to third party web sites. If any user accesses any linked third party web sites, he/she does so entirely at their own risk.
6. Governing Law:
These Terms will be governed by the Laws of India.
7. Right to Terminate:
The website shall have the right to delete or deactivate any account, or block the email or IP address of any user without prior notice. We reserve the right
to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
We believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of website, our users, or any other person; or tequested by law enforcement or other government agencies.
8. Customer Support:
We have no obligation to provide you with customer support of any kind.
You understand that all postings, ads, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email, sms or otherwise make available via the Service. You understand that Pepsell does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Pepsell site and Content available through the Service may contain links to other websites, which are completely independent of Pepsell.
Pepsell makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You agree that you 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 Pepsell be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. - By having your mobile number listed on clickindia.com, you agree to receive communication from third parties who may wish to contact you through the site.
You acknowledge that Pepsell does not always pre-screen or approve Content (unless specified), but that Pepsell shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
10. Code of conduct:
You agree not to post, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
2. that is pornographic in nature
3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. that impersonates any person or entity, including, but not limited to, a Pepsell employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
5. that includes personal or identifying information about another person without that person's explicit consent;
6. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
9. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Pepsell sites which are not designated for such purposes; or emailed to Pepsell users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
10. that includes links to commercial services or web sites, except as allowed in "services";
11. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
12. 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;
13. 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
14. 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:
15. contact anyone who has asked not to be contacted;
16. "stalk" or otherwise harass anyone;
17. collect personal data about other users for commercial or unlawful purposes;
18. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Pepsell.com;
19. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
20. attempt to gain unauthorized access to Kanoa's computer systems 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 Pepsell website; or
21. use any form of automated device or computer program that enables the submission of postings on Pepsell.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals
11. DISCLAIMER OF WARRANTIES:
YOU AGREE THAT USE OF THE PEPSELL.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PEPSELL.COM SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PEPSELL.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PEPSELL.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PEPSELL.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PEPSELL.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PEPSELL.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PEPSELL.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PEPSELL.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL PEPSELL.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PEPSELL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PEPSELL.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PEPSELL.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE
PEPSELL.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PEPSELL.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PEPSELL.COM SITE OR THE SERVICE OR ANY LINKS ON THE PEPSELL.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PEPSELL.COM SITE OR THE SERVICE OR ANY LINKS ON THE PEPSELL.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
13. VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to firstname.lastname@example.org
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Pepsell.com to pursue legal action to enforce these Terms, you will be liable to pay Pepsell.com the following amounts as liquidated damages, which you accept as reasonable estimates
of Pepsell.com's damages for the specified breaches of these Terms:
If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Pepsell.com sixty thousand rupees (Rs 60,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If Pepsell.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Pepsell.com ten thousand rupees (Rs 10,000) for each message posted in excess of such limits or for each day on which you access Pepsell.com in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Pepsell.com email addresses or through Pepsell.com computer systems, you agree to pay Pepsell one thousand five hundred rupees (Rs 1500) for each such email.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Pepsell.com's express written permission, you agree to pay Pepsell.com two lakh fifty thousand rupees (Rs 2,00,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Pepsell.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Pepsell.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.