PLEASE CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. IN CASE USER/YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE.
That Adtomart is the first free local advertisement website to provide services of advertisement by uploading video ads, stills photos and particulars of products and services. Adtomart is having edge advantage for its user to meet directly with the buyer and seller and is the top Indian free local advertisement media through the internet to reach to even the remotest area of every city of India and other regions. By collection of online products/services which include the local classified advertisements.
Adtomart is the registered trademark of Company incorporated in India under the name and style of Adtomart Local Classified Pvt.Ltd. The contents of the website /portal are subject to copyright and trademark protection and Adtomart is having exclusive proprietary rights and owners of intellectual property rights therein. ALL RIGHTS RESERVED.
TERMS AND CONDITIONS OF LICENSE AGREEMENT/USE
I. Using Adtomart.
You agree and understand that www.adtomart.com is an electronic service for the sharing of information and services. You also understand that we don’t promote or market your listings in any way, our services are just to make the platform available for sharing of information. We believe that while connecting with other users, you shall do it with discretion in terms of purchasing, sales and transactions in 13 categories. Our Safety tips can guide you.
While making use of our discussions, feedback, forums and other services, we believe you will post in the appropriate category and you will not violate but do this in accordance to our License Agreement and our listing policy as all listings are governed by our listing policies.
License : The terms and conditions for use of site www.adtomart.com. as contained in this license agreement.
Licensor/ owner: The Licensor /owners refers to the Adtomart Local Classified Pvt. Ltd. the owner of copyright and trade marks and the contents of the website www.adtomart.com, it will also referred to as "adtomart, we, our".
Adtomart: The term adtomart refers to owner and includes its Directors, employees, agents, partners, affiliates.
Licensee/you : User member login to the website and register himself on site to avail the services and products of adtomart.com for advertisement, you, registered member and user shall mean any person who use the website, its contents, software, browsing the website, post, list its products, upload videos, photographs and avail the services as per agreed terms and conditions of the License Agreement.
You/user: may be any individual, group, corporation, company or any other legal entity, granted permission /license to use the website as per the terms and conditions of the license agreement.
a. " Your Information" This is referred to any information you personally provide us, this includes your data and listings, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. And that you own the legal rights to the information you provided and that we are only distributing and publicizing the information you provided..
b. 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 personals like User ID, password, email address and for restricting access to your computer, computer system, computer network and your Adtomart account, and that the License Agreement is effective on your registration to our site.
Use of www.adtomart.com is available by registration or any other means only to citizens of the Republic of India who are 18 years of Age, who has legal rights to enter into a contract and is not prohibited by any law/decree or suffers from any disqualification. You access Adtomart, either by registration on the Site or by any other means, If you are accessing Adtomart as a legal entity and not as individual that your organization is responsible for your listing and they have all the rights to the information provided.
III. Listing Policy: Permissions and restrictions on use/uploads
To use our site and other services we provide you endorse and declare that you will not post or provide information that is related to exchange of good or purchase of product and/or services, and that you forbid any content that is illegal under the laws of the federal Republic of India and/or not permitted as per or prohibited items listed below.
1. Prohibited Items Policy.
a. We explicitly prohibit any listing or posting of classifieds or information in relation to the following items:
- 1. We say no to drugs you shall not post any item that promotes All Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly include links that support any of these as they are prohibited under any applicable law for the time being in the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
- 2. Any Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts
- 3. We Shun Prostitution or any other service in likely nature of that appears to violate the Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
- 4. All Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.
- 5. Any Religious items, including books, artefacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group
- 6. Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting and tend to deprive a person’s mind in such a way that they tend to act against the standards of morality, decency and norms generally accepted by reasonable adults
- 7. Obscene Items which includes items that contain indecent representation of women which is in the jurisdiction of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or is a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games that are unsuitable for a minor to see or play.
- 8. The use of Antiquities and Art Treasures which violates the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")
- 9. The sharing of Information or items that is defamatory, libellous, threatening or abusive in nature
- 10. Information that is fraudulent, misleading, misdirecting or misinterpreting the service rendered.
- 11. Counterfeit, Pirated and stolen goods, products or unauthorized illegal services (these are services which you are not licensed/permitted to or do not have the authority to undertake or nor the owner of the same).
- 12. Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purports' to breach any persons right to privacy.
- 13. The transmission of electronic illegal programs like virus, phishing, hacking, skimming and any of the likes that can damage a computer or computer network or intercept any personal data.
- 14. Your information shall not include any hate content or discrimination, or one that is derogatory or slanderous in nature that may be directed to any individual or group or induce violence against any users individuals, organization and or animals, age, gender, race, religion, class, nationality or any third party
- 15. The promotion of Hazardous chemicals and pesticides and/ or items in violation of the Hazardous Chemicals Act, 1985.
- 16. The use of Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers, detonators and any other product and service that includes its promotion.
- 17. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959, information prohibited under Secret Service Act or any act which threatens the unity and integrity, defence of sovereignty of India or interference in friendly relations foreign states.
- 18. Listing or posting of Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
- 19. Any form of Lottery Tickets, Sweepstakes Entries and Slot Machines
- 20. Listing or posting of Items that violation of the Food Adulteration Act, 1954
- 21. The use or sales of Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002
- 22. "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are aimed at defrauding user or our website.
- 23. Spam, abusive, duplicate, listing, fraud schemes, paranoid/malicious scheme (e.g. "Get rich quick" "work at homes" and other relating scams which are solely listed for the purpose of duping users)
- 24. Items listed/Posted in an Inappropriate Section or Wrong Category (e.g. dining table listed as office furniture).
- 25. Providing false City / Location of Listing (Listing and Posting is only allowed in the city it's being posted) or any other adtomart city except in which user is located.
- 26. International Listings.
- 27. goods and services or trade of which is prohibited illegal, unlawful and violate the provisions of law governing the said good and services as provided under the laws in force in India and to the region, the said laws are extended and applicable and all other goods and services which are expressly not mentioned here in above which are prohibited under the law.
b. Without prejudice to the generality of the above, Adtomart does not permit posting or listing of classifieds in relation to the following:
- 1. "Securities" within the Jurisdiction of the Securities Contract Regulation Act, 1956, These includes shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
- 2. The Posting of Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description which its actions are restricted by any regulation (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)
c. Your listing, information, Advertisement;
- 1. Shall not be offensive, trade libellous, unlawfully threatening or unlawfully harassing. It must not be fraudulent, misrepresenting, misleading or relate to the sale of any illegal, counterfeit, stolen goods and or services that which you do not have the authority for, and shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party.
- 2. The information you provide shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs, phishing, Skimming or other computer programs that may damage, or take any users or individuals personal information
- 3. Shall not include any information promoting hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.
In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and comply with the following Policies while listing their items:
- 1. Restricted Item Policy: In addition to the above-prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services.
- 2. The following items listing sales is permitted:
- a. Cats and Dogs unless it is exotic.
- b. Aquarium or pond fish, snails or similar creatures.
- 3. Live insects, crickets and worms used for representing feeder food for pets.
- 4. Duplicate Ad listings are prohibited. Any ad of the same content or Title in the same city and category posted more than once would be considered as a Duplicate Ad. Multiple ads are only allowed only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.
- 5. Mature Audience/sexually oriented material: Any Classified that is related to items that include items which are intended for sexual activity would not be permitted. (An example of such classifieds relating to an item not permitted will be restricted based on the related item). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.
General /Privilege :
Adtomart reserves all its right to prohibit, discontinue any goods or services it deems fit and proper in its sole discretion without any further notice.
IV. Abuse of Adtomart
You agree to support us if you discover a listing or posting that infringes and intellectual property or is inappropriate by mailing us at firstname.lastname@example.org to help us serve you better, we will take the necessary steps in shunning any inappropriate acts that violate our License Agreement, listing policies, terms and conditions and legal laws. 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@example.com
User shall not try to have unauthorized access to the database, computer programme or comit any other act which being adverse to the interest of adtomart, its users, members or interfere in the smooth functioning of website and server of adtomart.
You or any other person using unauthorizedly or copying or sharing the data, data base, material or infringing the intellectual property rights of the adtomart shall be liable for prosecution, damages and legal proceedings under Copyright Act, Trade Mark Act, Information and Technology Act, Indian Penal Code and other laws applicable in India and also for invocation of clause Vth of License Agreement.
V. Termination/Violations by User: Civil and Criminal liability
You agree that in the cause of using this website if adtomart finds any misuse or inappropriate act or being informed of a violation of listing policy, terms and conditions of license agreement, in that event, adtomart has absolute right in its sole discretion without prior notice or intimation to suspend your account and membership, delete your data, deactivate your account, or restricting our services to your account, permanently blocking access to the site and further call for penal action (both civil and criminal), your liability to pay damages and your prosecution under the provisions for violation of laws/statututes prevailing in India besides omission and commission of offences (both of cognizable and non cognizable );
VI. You own the Content
This site contains contents that includes your information, Adtomart information, information from other users, you agree not to copy, modify, distribute contents that are not soles yours , contents that you do not have the right to, when you submit any content to us, you are giving 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 platforms. All these rights to your content we need to be able to display and host your content on Adtomart If you believe that there is a violation please notify us by clicking here firstname.lastname@example.org. We reserve the right to remove contents that are proven to violate our policies.
You agree not to hold www.adtomart.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 of the 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 terms and conditions No.IV above. The user is cautioned to enter into financial transaction at his own risk, cost and consequences and adtomart disclaim all warranties, representations and liabilities.
You understand and agree that adtomart do not guarantee the accuracy or legitimacy of any listing, posting, and information by other users. You further agree that adtomart 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. Adtomart 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.
Website and software is provided 'as-is' without any implied or express warranty. In no event, the adtomart will be held liable for any damages or action (Civil or criminal ) arising from the use of website, its contents and software.
VIII. Personal Information of User:-
Collection of personal information
Any information posted on our website will be publicly available.
There is certain personal information we keep on our servers, this includes the following:
- your email address, physical contact information, and sometimes financial information which is based on your service usage
- your sign on data, statistics on page views, traffic to and from our website and Ad data (we take this through cookie which you can deactivate from your browser);
- Other information we collect includes users IP address and the standard web log information.
What Adtomart/we do With Personal Information
The information we collect, we use them to:
- provide our services;
- Improve on our services;
- collect fees, resolve disputes and troubleshoot problems;
- encourage safe trading and to enforce our policies;
- customize users' experience, measure interest in our services, and inform users about services and updates;
- communicate marketing and promotional offers to you;
- feed back to you;
Your Personal Information is Secure
- All information our server is treated as strictly confidential and Adtomart Local Classified Private Limited will not share it with any external body.
- We will not share any of your information without your consent.
- If we are authorized by the government to disclose it we will do this under due process.
- Adtomart Local Classified Private Limited reserve the right to look into your personal data should any issue involving fraud or illegal act is reported or suspected.
- We may also disclose personal information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or protects anyone’s rights, property or safety.
Personal information we may share include:
- Corporate affiliates who help detect or prevent potential illegal acts and provide joint services (Our corporate affiliates will marketonly to users who ask them to).
- Service providers who support or services.
Using Information from or Website
In Adtomart Local Classified Private Limited. You may use personal information gathered from www.adtomart.comto connect with another user about a posting and not for phishing and any other illegal act.
Access, Modification, and Deletion of Your Account
You can always modify or erase your personal information by reviewing your posting or account status page. Get to us on our customer support mail at email@example.com but of you want to review any personal information we don’t store on our site will require an extra charge which will not exceed the legal rate. The adtomart reserve the right to delete any information we don’t need any longer. We do retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent the bad guys from coming back.
Your Data is Secure with Adtomart
Adtomart use series of encryptions, passwords, and physical security to protect the security and integrity of our services against unauthorized access and disclosure. But unfortunately there is an amount of data transmission over the internet can be guaranteed to be completely secure so we can’t vouch for the security of data transmitted through the internet. We can only take adequate steps to stop any form of misuse and illegal act.
The Confidentiality of Your Information
Adtomart reserves its right to modify, add, remove, edit our policy and will take effect in 30 days/next post (whichever comes first).IF any of our corporate allies should request of any personal information we will provide, but this policy will continue to apply. Should any question arise about this policy, mail us at firstname.lastname@example.org
We may periodically update this License Agreement 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 License Agreement and /or Listing Policy shall be effective whenever there is another posting, listing or information or 30days since your last posting, whichever comes first. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this license agreement shall continue to apply.
Assignment –Adtomart can assign, merge, amalgamate, take over whole or part of its business or any other entity and the new entity shall have a access to the information of the user and you hereby give irrevocable consent for sharing of such information.
By virtue of the above said terms and conditions, user is granted license to use and have access to the website as per policies contained herein and shall not by any means give any right to create or enter into subcontract, sub license or to collect any fee from third party or claim, succession or assignment in your favour. Any such act will be void, abinitio and will not binding on adtomart. You will not use or copy or infringe the trade name, trade mark, proprietary work, idea, literature and contents of the website as all rights are reserved and owned by adtomart and other intellectual property rights therein design, colour etc. being protected under the law.
You have been given limited access but not exclusive right to the website and you shall not claim misrepresent about work, trademark and other intellectual property rights in the website, services, products or about the origin of the work, which are being exclusively owned by adtomart.
X. Third Party Content and Services
Adtomart may post links to other sites, and will are not liable for any activity over the site as you are responsible for every activity and you are subjected to their policies in that site, our policies and License Agreement exists on our site and services. It is the user’s responsibility to guard their electronic device against virus and other malicious electronic programs. Furthermore, The payment of product and services to any other organization is solely the responsibly of the user and the organization, Adtomart is not responsible for any transactions made, proper discretion is advised before making any payment to the third party.
You are also advised to take proper care in use and share of information qua use of debit and credit card, bank account details as well as exercise proper care thereof.
The User should agree to indemnify and hold Adtomart, 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 License Agreement, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.
XII. LIMITATION FOR USER TO BRING ACTION:
You undertake and declare that the limitation for raising any dispute/issue /referring of dispute to the arbitrator or any other cause of action shall be only 3 months from the first day of cause of action and no repeated /successive action will extend the limitation relating to the use of website. Provided adtomart may commence any such proceedings for cause of action in its faovur as per the provisions of Limitation Act prevailing in India.
XIII. Governing Law & Jurisdiction
This License agreement and the Listing Policy shall be governed and construed in accordance with the laws of the applicable in India and the courts at Delhi shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.
That all the disputes arising between you and adtomart in relation to the use of website shall be resolved through the sole arbitrator to be appointed by adtomart and for which you acknowledge and give consent for the appointment of the arbitrator by the adtomart under the provisions of Arbitration & Conciliation Act, 1996. The place of arbitration proceedings shall be at Delhi, India.
Any time adtomart needs to contact you/user. You/user hereby accord irrevocable consent to receive correspondence, communication/notices by e-mail and you acknowledge the receipt of such communication, notifications and messages that are sent electronically and same deemed to be served and communicated for all purposes, legal and otherwise.