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Terms and Conditions

Terms of Use

Introduction.

Classifieds, Free classifieds and classified ads -nearadverts.com

Welcome to www.nearadverts.com (“Nearadverts.com / Site”). These are the terms and conditions governing your use of the Site (“herein after referred to as Acceptable Use Policy “AUP”). By accessing Nearadverts.com either through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that Nearadverts.com works for everyone. This AUP is effective from the time you log in to Nearadverts.com. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

1.

Using Nearadverts.com.

You agree and understand that www.nearadverts.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services. You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our Safety tips before doing any activity on our site.

While making use of Nearadverts.com classifieds and other services such as the discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Listing Policy.) (Listing Policy) The listing policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:

    ” Your Information” is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.

    You agree that your listing, posting and / or Information :

        shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services

        shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for.

        shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party.

        shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party.

        shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

        shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.

        shall not distribute viruses or any other technologies that may harm Nearadverts.com or the interests or property of Nearadverts.com users or impose an unreasonable load on the infrastructure or interfere with the proper working of Nearadverts.com.

        shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, 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.

        shall not be placed in a wrong category or in an incorrect area of the site.

        shall not be placed in any other Nearadverts.com site except on the site that relates to the city in which you are located.

        shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Nearadverts.com’s Listing Policy.

        You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

    You agree that your listing, posting and / or Information:if you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your Nearadverts.com account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.

2.

Eligibility

Use of www.nearadverts.com either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Nearadverts.com, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

3.

Abuse of Nearadverts.com

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link [email protected] with subject in bold letters as “nearadverts.com-Abuse” to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on this link [email protected]

4.

Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

5.

Content

The Site contains content which includes Your Information, Nearadverts.com’s information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Nearadverts.com’s copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here [email protected]

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party’s rights.

6.

Liability

You agree not to hold www.nearadverts.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in sec 3 above.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

7.

Personal Information

By using Nearadverts.com, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Nearadverts.com India Private Limited. The data is stored and controlled on servers located any where in the world as further described in our Privacy Policy. By submitting your resume with your replies, you give permission to Nearadverts.com to publicly display your resume which can be freely accessed by anyone. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through [email protected] You may send questions about this policy to [email protected]

You agree that Nearadverts.com may use information shared by you to provide customer services and to understand if any other services or advertisement listed on Nearadverts.com website may interest you.

You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Nearadverts.com, including its subsidiaries and associate companies.

8.

General

We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect either at the time you place your next posting, listing or information on the Site or after a period of 30 days from the date of the update, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

9.

Third Party Content and Services

Nearadverts.com may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Nearadverts.com makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

10.

Indemnity

The User should agree to indemnify and hold Nearadverts.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

11.

Governing Law & Jurisdiction

This AUP and the Listing Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Chennai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

12.

Advertiser Obligations:

    Advertiser agrees to make all payments due to Nearadverts.com in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-payment instructions in respect of such cheques. The Advertiser recognizes that Nearadverts.com has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is a bona fide business organization or individual carrying on business in relation to the items disclosed to Nearadverts.com, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) all Classified(s) provided to Nearadverts.com is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and Nearadverts.com shall bear no responsibility for the same. The Advertiser agrees to be bound by all applicable policies of Nearadverts.com relating to Classifieds and the Website, and the Advertiser grants to Nearadverts.com a worldwide intellectual property licence (including a copyright and trade mark licence) relating to all intellectual property rights in the Classified(s) to do any acts in relation to the Classified(s) which Nearadverts.com may deem necessary to fulfil its obligations.

13.

Notice of Infringement of Intellectual Property

    Nearadverts.com is not liable for any infringement 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 authorised 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 authorised to act, you may write to us at [email protected] delete the relevant Content in good faith

14.

Nearadverts.com Assured marketplace

    Nearadverts.com has set quality norms for the assured products that are followed by its merchants refurbishing them. These products may or may not be refurbished from the authorized OEM’s and Nearadverts.com is not liable for any claims arising from this matter

    Unboxed products available in the Nearadverts.com Assured Marketplace are generally as good as new and are non-defective. These products are typically returned to the sellers by buyers in their business for reasons such as wrong model dispatched, incorrect colour etc, or are opened by customers who find after checking the contents of the package that the wrong product was shipped or simply the change of mind at customers end. As per our terms and conditions, if a product does not meet our buyers’ expectations, we encourage them to not accept it and subsequently initiate a refund of the payment. These products also come with third party warranty of specific duration which would change from time to time

15.

Nearadverts.com Easy

    We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that Nearadverts.com does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers.

16.

Miscellaneous:

    “If all premium ads available to the advertiser under the subscription scheme are not used / availed of during the period of these terms, the unutilized units shall be forfeited – no refund shall be made and neither can the unutilized credits be carried forward.”

    Premium ads are prioritized over free ads on the website on search and browse pages. The sequence in which premium ads are displayed will be controlled by Nearadverts.com’s search algorithm which is Nearadverts.com’s sole prerogative. The advertiser shall not have a say in determining the sequence in which ads are displayed within the set of premium ads matching a user’s search query/browse intent.

    Banner slots will be provided as per the details mentioned in the contract form. Banner slots will be shared between Nearadverts.com’s advertisers who have subscribed for a particular slot and the banners will be displayed on a rotational basis. A banner will be displayed only after seeking approval from the advertiser. Nearadverts.com does not provide any guarantees of impressions or clicks for the client banners.

    Verified leads refer to consumers who have expressed interest in consuming a service from a service provider recommended by Nearadverts.com. Any dispute regarding any verified lead shall be raised to Nearadverts.com within 3 days of the lead being sent in writing/email and will be analyzed on a case by case basis. Nearadverts.com’s decision will be final and binding in the event of a dispute regarding a lead.

    The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account of the advertiser. It is agreed that in case of any claims in respect of the same against Nearadverts.com, the advertiser shall indemnify Nearadverts.com against all such claims and damages.

    Advertiser shall procure and keep valid all necessary licenses, permissions, authorisations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorisations, consents, approvals and registrations.

    Nearadverts.com doesn’t support sellers to sell imported mobile phones, electronic items on its platform, through any means. If at all any such product is being sold on Nearadverts.com Website, Nearadverts.com is not responsible being a Marketplace.

    All the Assured/Refurbished handsets, electronic items listed on Nearadverts.com belong to sellers. Refurbishment of the products are being done by the Sellers and Nearadverts.com is not responsible for the Quality of any of these products.

    Nearadverts.com doesn’t qualify the condition of the phones listed on its platform or transacted through the online flow of Doorstep/Bazaar flows.

    Nearadverts.com Doorstep/Bazaar is a Consumer-to-Consumer used good platform and hence any transaction done through the flow attracts GST at 18% of the Convenience fee charged and not on the value of the used item sold.

Warranty only Protection Plan

The schedule shall form part of this Protection Plan and the term “Protection Plan” whenever used shall be read as including the “Schedule” and complete terms and conditions.

Any word or expression to which a specific meaning has been attached in any part of this Protection Plan or of Schedule shall bear such meaning wherever it may appear. YOUR Protection Plan is based on information, which YOU have given US and the truth of these information shall be condition precedent to YOUR right to recover under this Protection Plan.

Protection Plan is only valid for devices, which pass the Scanner test. All Scanner test reports need to be submitted for approval to service provider before activating the Protection Plan on the device. No service will be provided on the device without the activation of the protection plan. This document gives information about Protection Plan, Service provider, Beneficiary/User and protected Equipment etc. & other terms & conditions.

1.

Definitions of words

    Service Provider

    WORLDLINE STORE, Chennai, India – 600062

2.

General conditions

    Reasonable Precaution and Care of Property:

    YOU/owner/ Person(s) shall take all reasonable precautions for safety and soundness of item covered to prevent the loss in order to minimise claims. The owner /Person must comply with manufacturer’s recommended actions for use, inspection, maintenance along with other instructions and shall comply with all statutory requirements or other regulations.

    Mis description:

    This Protection Plan shall be void and all premium paid by YOU/owner Person(s) to US shall be forfeited in the event of misrepresentation, misdescription or concealment of any material information.

    Fraud

    If any claim under this Protection Plan is fraudulent in any respect with or without Owner/ Person’s knowledge or if any fraudulent means or devices are used by the owner/ Person or on behalf of owner/ Person to obtain any benefit under this Protection Plan, all benefits and rights under the Protection Plan shall be forfeited.

3.

Special Conditions

    Indemnity

    a) In cases where an item can be repaired , We will pay expenses necessarily incurred to restore the damaged item to its former state of serviceability plus the cost of dismantling and re-assembly incurred for the purpose of effecting the repairs. We will only deduct a applicable taxes (Taxes may vary from state to state)

    b) No deduction shall be made for depreciation in respect of parts replaced, but the value of any salvage will be taken into account. If the cost of repairs detailed herein equals or exceeds the actual value of the item Covered immediately before occurrence of the damage, the settlement shall be made on the basis provided for in (b) below

    c) In cases where covered item is a total loss, WE will pay for the refurbished/Same or similar condition /Like New replacement value subject to maximum of the purchase value of the covered item. However the salvage and excess will be taken into account in such cases.

    d) In the event that replacement property of like kind and quality is not obtainable, new property which is as similar as possible to that suffering damage and which is capable of performing the same function, shall be deemed to be new property of like kind and quality and in no event this be considered as a betterment to the covered person. However, if damaged item may be replaced by a similar item available at the time of repair/replacement, any voluntary betterment opted for by the covered person shall be reimbursable after making appropriate deduction for betterment.

    We will make payments only after being satisfied, by production of necessary bills and documents, that the repairs have been effected or replacements have been taken place, as the case may be.

    Transfer of Ownership

    The cover shall cease on transfer of ownership of the covered equipment by the owner/ covered Person to any other party.

    Onus of Proof

    In any action, suit or other proceedings where WE allege that by reason of the above provisions any damage is not covered by this protection plan, the burden of proving that such damage is covered shall be upon owner of the covered item.

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