Terms And Conditions
Using Uttamseva Classifieds
· 1 SCOPE OF AGREEMENT
The usage of Uttam Seva Classifiedsis bound by the TOU set by Uttam Seva Classifieds. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
· 2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
o 2.1 The uttam Seva Classifieds website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on uttam Seva Classifieds, as well as any consequences that arise from doing so.
o 2.2 Uttam Seva Classifieds is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
· 3 USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
o 3.1 The usage of Uttam Seva Classifieds’s services is essentially available for everyone. A user registers on Uttam Seva Classifieds by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform uttam Seva Classifiedsof any changes to their account information.
o 3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Uttam Seva Classifieds reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Uttam seva Classifieds, as stated in clause 4.3.
o 3.3 An entry on uttam Seva Classifieds, referring to a classified ad, can only materialize/be published online via the following methods:
§ • Uttam Seva Classifieds confirms the entry through an email, or
§ • Uttam Seva Classifieds implements the entry and publishes it online.
o 3.4 Uttam seva Classifieds reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when uttam Seva Classifieds is used for unsuitable purposes.
o 3.5 Uttam Seva Classifieds reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
· 4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
o 4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the Smsneeds Classifieds website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. The user is obliged to comply with the Smsneeds Classifieds TOU and is expected to adhere to these terms when interacting with other Smsneeds Classifieds users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
o 4.2 The user is not allowed to post content on the Smsneeds Classifieds website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the Smsneeds Classifieds user include:
§ • Violating the law or going against the Prohibited Policy
§ • Conducting business in a dishonest and/or deceptive manner
§ • Violating the rights of the third party
§ • Spamming, posting chain letters, and placing ads for multi-level marketing ("MLM") and pyramid schemes
§ • Using virus(es) and other technical items that may cause damage to Smsneeds Classifieds or the interest of the users of Smsneeds Classifieds
§ • Causing excessive burden on the Smsneeds Classifieds infrastructure and the smooth running operations of the Smsneeds Classifieds website
§ • Copying, duplicating, modifying or distributing the content of other advertisements
§ • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
§ • Bypassing measures that serve to limit and/or prevent access to Smsneeds Classifieds
o 4.3 Smsneeds Classifieds has the right to block, delete or freeze advertisements that are deemed to contain prohibited content (refer to 4.2). Smsneeds Classifieds also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Smsneeds Classifieds gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
· 5 INDEMNIFICATION/EXEMPTIONS
Smsneeds Classifieds users are obliged to release Smsneeds Classifieds from any claims or lawsuits brought forward by other Smsneeds Classifieds users or third parties who have been in any way affected by an advertisement’s content. Smsneeds Classifieds users must shoulder any costs/claims arising from lawsuits directed at Smsneeds Classifieds , including all legal and juridical costs.
· 6 DUES/FEES
o 6.1 The usage of the Smsneeds Classifieds website is essentially free of charge. However, Smsneeds Classifieds reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
o 6.2 All fees shall be reflected and charged in the respective currency for each country. Smsneeds Classifieds reserves the right to charge in other currencies for technical reasons.
o 6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Smsneeds Classifieds.
o 6.4 The user shall be informed about new invoices via an email that provides a link to the user’s “My Smsneeds Classifieds” account. The invoice(s) can then be downloaded from this page. Smsneeds Classifieds ensures the protection of the user by sending these emails only to the registered email address on Smsneeds Classifieds.
o 6.5 The services are provided exclusively to commercial businesses, declaring their consent to tax liability – limited to the Value Added Tax (VAT/GST/Sales Tax). The recipient must be registered for VAT, GST, Sales Tax. With the conclusion of the contract, the recipient of the services agrees, that the VAT, GST and Sales Tax on a taxable supply is payable by the recipient and not by the supplier. The recipient is responsible for the timely application of the Tax (VAT, GST, Sales Tax).
o 6.6 In the event of delayed payments for these services, Smsneeds Classifieds reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
o 6.7 Smsneeds Classifieds reserves the right to change/modify the fees for services associated with premium features on the website without prior notice.
· 7 ADVERTISEMENTS WITH PREMIUM FEATURES
Smsneeds Classifieds users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Smsneeds Classifieds does not reimburse the user for any portion of a discounted premium feature/service.
· 8 PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY SMSNEEDS CLASSIFIEDS
Smsneeds Classifieds reserves the right to republish advertisement(s) on Smsneeds Classifieds and on other websites owned by Smsneeds Classifieds.
· 9 MODIFICATION OF ADVERTISEMENT CONTENT
o 9.1 The Smsneeds Classifieds user may at any time modify or delete their advertisement.
o 9.2 The Smsneeds Classifieds user has the right to demand the removal or deletion of the user’s own ads from the website. Smsneeds Classifieds shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
· 10 LIABILITY LIMITATIONS
o 10.1 The user agrees not to hold Smsneeds Classifieds responsible for things other users post or do. As most of the content on Smsneeds Classifieds comes from other users, Smsneeds Classifieds does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Smsneeds Classifieds ’s services cannot be guaranteed. To the extent legally permitted Smsneeds Classifieds expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Smsneeds Classifieds is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Smsneeds Classifieds website, even if Smsneeds Classifieds has been advised or could have reasonably for seen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
o 10.2 Despite the previous paragraph, if Smsneeds Classifieds is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Smsneeds Classifieds in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.
· 11 MISCELLANEOUS
o 11.1 The transfer of rights and obligations of Smsneeds Classifieds users to third parties requires the approval of Smsneeds Classifieds.
o 11.2 The disclosure of login details and passwords to third parties, including Smsneeds Classifieds users, is prohibited.
o 11.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Visakhapatnam Andhra Pradesh.
o 11.4 The legal relationship between Smsneeds Classifieds and the Smsneeds Classifieds user is subject to the rights of the Jurisdiction Of Visakhapatnam.
Questions, remarks and complaints may be sent to us through our contact form