2.0 Use of AUTOCARE
That you agree and understand that AUTOCARE is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information of 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 that you have posted, listed or provided information about on our site.
When interacting with other users on our site, about any listing, posting or information we strongly encourage you to exercise reasonable carefulness 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.
When using AUTOCARE classified ads and other services such as the discussion forums, comments and feedbacks and other services, you will post in the proper category or area and you agree that your use of the Site shall be strictly governed by this T & C including the Policy for listing of your classified which shall not violate the prohibited and restricted items in the Listing Policy. The Listing Policy shall be read as part of this T & C and is incorporated in this T & C as mentioned:
2.1 "Your Information" is defined as any information you provided to us or other users of the Site during the registration, posting, listing or replying process of classifieds, or in the feedback area, through the discussion forums or while 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.
2.2 User Conduct
The user (You) agree that your listing, ads, posting and/or information:
2.2.a Shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal counterfeit, stolen goods and/or services;
2.2.b Shall not pertain to goods and/or services of which you are not the lawful owner, or you do not have the authority or consent to list which you do not own or you do not have the authority for;
2.2.c Shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or private of any third party;
2.2.d Shall not consist of material that is an expression of biases, racism or hatred based on age, gender, race, religion, caste, glass, lifestyle preference, and nationality and/or is being derogatory, slanderous to any third party;
2.2.e Do not forge or misrepresent, in whole or in part message headers, to cover the originator of the message or employing any other method to disguise or mislead any user name or the source or quantity of the emails transmitted;
2.2.f Shall not be placed in a wrong category or in an incorrect area of the site;
2.2.g Shall not distribute or contain spam, multiple/chain letter, or pyramid schemes in any of its forms;
2.2.h Shall not be explicit, contain pornography or contain "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
2.2.i Shall not harass, degrade, intimidate or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
2.2.j Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and service, 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 in the country where such posting/listing took place;
2.2.k Shall not distribute viruses or any other technologies that may harm AUTOCARE or the interests or property of AUTOCARE users or impose an unreasonable load on the infrastructure or interfere with the proper working of AUTOCARE.
2.2.l 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;
2.2.m Not use or allow any part of the Services to be used for any activity which would:
2.2.m.1 Generate Network traffic in excess of reasonable and normal usage of cause congestion to our Network,
2.2.m.2 Cause other users to be affected in their enjoyment and/or use of the Services, and or,
2.2.m.3 Cause any distribution, interference, interruption or degradation in the Network or the Services;
2.2.n Not in any way infringe an individual's privacy or other personal rights;
2.2.o Not to violate any party's rights or affect other user's enjoyment of access to any Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, ex. Denial of service attacks, pinging and mailbombing, fraud or pirating software;
2.2.p Not to engage in any activity that we determine to be harmful to our customers, operations, reputation, goodwill or customer relations;
2.2.q Not to advertise, transmit, post, facilitate or solicit any Content, product or service that contains malware or any other harmful, damaging or destructive programs or software or make them available;
2.2.r Not to make or attempt any illegal or unauthorized access to any part or component of the Services, the Network or any third party equipment, accounts, systems or networks whether directly or otherwise, or to carry out or attempt any activity involving system penetration (ex. Port, stealth, security or penetration scans or other information gathering activity) on our Network or its Service Providers' server or network;
2.2.s Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Country where such listing, posting or information took place;
2.2.t You must always ensure that your mobile device, SIM card and mobile number are lawfully owned used/possessed in compliance with all governing laws or regulations of the country where such listing, posting or information took place
2.3 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 AUTOCARE 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 T & C remains applicable to you in the same manner as if you are a registered user on the Site.
Use of AUTOCARE either by registration or by any other means, is available only to persons, who are of legal age, in the right state of mind, who are 18 yrs. of age and above and persons who can enter into a legally binding contract, and are not barred by any law for the time being in force. If you access AUTOCARE 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.
4.0 Violations by User
You agree that in the event your listing, posting or your information violates any provision of this T & C or the Listing Policy, we shall have the right to terminate or suspend your membership of the Site and refuse to provide you or any person acting on your behalf access to the Site.
5.0 Abuse Use of AUTOCARE
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 this link email@example.com 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 T & C 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 to firstname.lastname@example.org.
You agree not to hold AUTOCARE 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, 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. 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/transactions, 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. The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination.
We may update this T & C 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 T & C and /or Listing Policy shall come into effect immediately. Ensure that all new postings/listing/ads will be in accordance with the latest version of the T & C at all times. You must make sure that old postings/listings/ads should be revised/edited to comply with the latest revision. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this T & C shall continue to apply.
8.0 Third Party Content and Services
You undertake and agree to indemnify and hold AUTOCARE and its respective employees, directors, officers, suppliers, contractors and agents harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses of every nature directly and indirectly, arising out of or in connection with, including:
9.1 any claims for libel, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence, breach of any law or regulation arising from or attributable to your equipment, data, use of service(s) or your use of our equipment howsoever arising;
9.2 use of service(s) by any person using your log-on details with or without your consent and/or authority;
9.3 any non-compliance with or breach of any provisions of this Agreement by you;
9.4 any negligent or willful act by you or any of your officers, employees, directors, contractors or agents;
9.5 any damage to property or personal injury and/or death; and
9.6 any act or omission by you or any unauthorized use or exploitation of the service(s).
10.0 Governing Law and Jurisdiction
Applicable Laws (choice of venue and forum) - Use of this Site shall in all respects be governed by all the countries, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the all countries courts located in each country, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
11.0 External Links
External links may be provided for your convenience, but they are beyond the control of AUTOCARE and no representation is made as to their content. Use or reliance on any external links and the content provided is at your own risk.
12.0 Conflict of terms
If there is a conflict or contradiction between the T & C of this agreement and any other relevant conditions, policies or notices, the T & C shall prevail.
13.0 Suspension and Termination
13.1 We will always be entitled to immediately suspend, disconnect or terminate the service(s) or agreement for any of the following reasons:
13.2 We will try to resume the services as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 13.1.a) and 13.1.b) above.
13.3 If any services are terminated, all other services would also be terminated or suspended.
13.4 If the services to the principal line holder is terminated or suspended, services to the supplementary users will also be terminated or suspended.
13.5 In respect of applicable services, we are entitled to restrict access to the services, suspend or terminate your account if you consistently use the services to download or upload extremely high-volume data. The services are not designed for extremely heavy users.