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TERMS OF SERVICE

Terms of Service

Introduction.

Welcome to www.myadsinn.com (“Myadsinn / Site”). These are the terms and conditions governing your use of the Site (“herein after referred to as Acceptable Use Policy “AUP”). By accessing Myadsinn 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 Myadsinn works for everyone. This AUP is effective from the time you log in to Myadsinn. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

  1. Using Myadsinn.

You agree and understand that www.myadsinn.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 Myadsinn classifieds and other services such as the discussion forums, comments and feedback and other services interiliac, 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 :
    1. shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
    2. 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.
    3. Shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party.
    4. 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.
    5. Shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
    6. Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
    7. Shall not distribute viruses or any other technologies that may harm Myadsinn or the interests or property of Myadsinn users or impose an unreasonable load on the infrastructure or interfere with the proper working of Myadsinn.
    8. 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.
    9. Shall not be placed in a wrong category or in an incorrect area of the site.
    10. Shall not be placed in any other Myadsinn site except on the site that relates to the city in which you are located.
    11. 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 Myadsinn’s Listing Policy.
    12. 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 Myadsinn 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.
  1. Eligibility

Use of www.myadsinn.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 Myadsinn, 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.

  1. Abuse of Myadsinn

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 support@myadsinn.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 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 support@myadsinn.com

  1. 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.

  1. Content

The Site contains content which includes Your Information, Myadsinn’s information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Myadsinn’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 support@myadsinn.com.

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.

  1. Liability

You agree not to hold www.myadsinn.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, and 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.

  1. Personal Information

By using Myadsinn, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Myadsinn India Private Limited. The data is stored and controlled on servers located in Mumbai, India as further described in our Privacy Policy. By submitting your resume with your replies, you give permission to Myadsinn 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 support@myadsinn.com. You may send questions about this policy to privacy@myadsinn.com.

  1. 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.

  1. Third Party Content and Services

Myadsinn 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. Myadsinn 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.

  1. Indemnity

The User should agree to indemnify and hold Myadsinn, 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.

  1. 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 Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

  1. Make an Offer/Buy Now Terms

Myadsinn Assurance for Buyers

  1. You should “Make an Offer” of the amount which you wish to pay for the product.
  2. Once your offer is accepted, you can make the payment online.
  3. The listed item will be delivered to you by our logistics partner, and only after the delivery, payment will be released to seller.

The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment has been made, we will schedule and complete the delivery. If you wish to negotiate, please choose ‘Make an Offer’ purchase option.

Cashback
In order to pass on the cashback benefits to the maximum number of customers, we are limiting cashback to 2 transactions per person (Buyer or Seller) per month. Cashback will be based on final agreed price of the product between buyer and seller. Buyers will have cashback eligibility for full online payment orders only, for partial payment orders, buyer will receive no net cashback

Buyers and Sellers would be charged convenience fee based on weight classification of the concerned product.
If applicable the Net Cashback Amount will be credited in the PayTM wallet of the Buyer/Seller

For a Seller –

Cashback Amount :
For Final Agreed Price: Rs. 0 to 1999 , Cashback Amount = Rs. 150 (light item) / Rs 200 (heavy item)
For Final Agreed Price: Rs. 2000 to 4999 , Cashback Amount = Rs. 400 (light item) / Rs 450 (heavy item)
For Final Agreed Price: Rs. 5000 to 7999 , Cashback Amount = Rs. 700 (light item) / Rs 750 (heavy item)
For Final Agreed Price: Rs. 7999 to 11999 , Cashback Amount = Rs. 1050 (light item) / Rs 1100 (heavy item)
For Final Agreed Price: Rs. 12000 onwards , Cashback Amount = Rs. 1250 (light item) / Rs 1300 (heavy item)

Convenience Fee:

For Final Agreed Price: Rs. 0 to 1999 , Convenience Fee = Rs. 100 (light item) / Rs 100 (heavy item)
For Final Agreed Price: Rs. 2000 to 4999 , Convenience Fee = Rs. 350 (light item) / Rs 350 (heavy item)
For Final Agreed Price: Rs. 5000 to 7999 , Convenience Fee = Rs. 650 (light item) / Rs 650 (heavy item)
For Final Agreed Price: Rs. 7999 to 11999 , Convenience Fee = Rs. 1000 (light item) / Rs 1000 (heavy item)
For Final Agreed Price: Rs. 12000 onwards , Convenience Fee = Rs. 1200 (light item) / Rs 1200 (heavy item)

For a Buyer –

Cashback Amount :
For Final Agreed Price: Rs. 0 to 1999 , Cashback Amount = Rs. 100 (light item) / Rs 100 (heavy item)
For Final Agreed Price: Rs. 2000 to 4999 , Cashback Amount = Rs. 350 (light item) / Rs 350 (heavy item)
For Final Agreed Price: Rs. 5000 to 7999 , Cashback Amount = Rs. 650 (light item) / Rs 650 (heavy item)
For Final Agreed Price: Rs. 7999 to 11999 , Cashback Amount = Rs. 1000 (light item) / Rs 1000 (heavy item)
For Final Agreed Price: Rs. 12000 onwards , Cashback Amount = Rs. 1200 (light item) / Rs 1200 (heavy item)

Convenience Fee:

For Final Agreed Price: Rs. 0 to 1999 , Convenience Fee = Rs. 149 (light item) / Rs 400 (heavy item)
For Final Agreed Price: Rs. 2000 to 4999 , Convenience Fee = Rs. 399 (light item) / Rs 650 (heavy item)
For Final Agreed Price: Rs. 5000 to 7999 , Convenience Fee = Rs. 699 (light item) / Rs 950 (heavy item)
For Final Agreed Price: Rs. 7999 to 11999 , Convenience Fee = Rs. 1049 (light item) / Rs 1300 (heavy item)
For Final Agreed Price: Rs. 12000 onwards , Convenience Fee = Rs. 1249 (light item) / Rs 1500 (heavy item)

The convenience fee for a transaction is frozen when the user makes or receives an offer according to the fee structure mentioned above. Myadsinn reserves the right to change the fee structure any time without prior intimation.

The above cashback/fee structure is effective from: 23rd July 2016.

Please be informed that there is a penalty of Rs. 200 for any cancellation initiated by the Buyer after payment is made.

Buyer token fee functionality

Buyer has an option to pay a token refundable amount of Rs 0 while making an offer to make a serious offer.

Benefits:

  1. Ad is marked as sold for next 9 hours (Window for seller to accept
  2. Offer is shown on top as a serious offer

 

The token amount is refunded in following cases :

  1. Seller counters the offer to which buyer does not make a payment within 9 hours
  2. Seller does not accept offer within 9 hours
  3. Seller cancels the order after full payment

 

The token amount is not refunded in following cases :

  1. Buyer does not pay balance amount within 9 hours of acceptance
  2. Buyer cancels the order after full payment
  3. Buyer cancels the order after seller accepts

Delivery Terms

  1. Myadsinn provides only delivery and not installation/dismantling of the item.
  2. At the time of delivery, we encourage buyers to open the packaging and validate the condition of the item before accepting the delivery. Once accepted, the item can’t be returned or replaced
  3. Any delivery related issues brought to our notice after signing Proof of Delivery (POD) or beyond 5 working days will not be entertained and Myadsinn or its logistics partner will not be accountable.
  4. Myadsinn does not take any responsibility for the quality of the item being delivered unless it’s a transit damage. We encourage buyers to ensure the quality/functionality aspect of the item while making an offer.
  5. Maximum 3 delivery attempts will be made by us, post which the order will be auto-cancelled. Also rescheduling on request of buyer/seller can be done for total 5 days failing which the order will be auto-cancelled.
  6. If the buyer refuses to accept the item after it is being picked up from the seller, it will be returned back to the seller.
  7. Myadsinn does not take additional responsibility of picking up any product that is not mentioned in the AD.
  8. Open box delivery is not applicable for orders from a different city.
  9. Intercity pick-up and delivery is available only for lightweight items.
  10. Pick-up and Delivery will be facilitated by our logistics partner.
  11. Myadsinn reserves the right to refuse facilitating the transaction.
  1. Myadsinn Storage and Shipment Service:
  1. Storage facility if opted, will be provided through our logistic partner for a period of 2 weeks from the date of collection of item from the seller.
  2. Logistics partner will be reminding the Seller at the end of 1 week to lower down the cost of product listed at the site.
  3. If the product listed on the website is not sold within 2 weeks’ time, same will be returned back to the Seller at the same address from where it was picked.
  4. Myadsinn representative might take images of Seller’s product during pickup. The same will depict the condition of product during pickup and might be used to update the Sellers Ad later on.
  5. The storage facility is available only for individuals and not for dealers.
  6. If seller opts for ‘Sell for me ’, the following terms apply along with the above mentioned points:
    • Myadsinn will post ad on behalf of the seller based on information and images collected at seller’s place.
    • The item will be made available for display to the potential buyers.
  1. Cost per reply terms:
  1. You have to declare the amount you are willing to pay per reply or per view (PPR or PPV) and total number of expected replies. You must pre-pay the full amount for this classified ad to go live. If you are not satisfied with the service, you can always withdraw any unused balance to your Paytm wallet. Once the amount is withdrawn, the ad is either deleted or downgraded to a free ad.
  2. Only the first chat initiated by a user is considered as a reply. We actively remove spam communication from our system and you will not be charged for any spam messages.
  3. Any views generated on your View Ad Page from the premium ad are considered as a view. Views sent from any other source are not charged.
  4. Any unused amount can be withdrawn into your Paytm account as per request.
  1. Myadsinn X Exchange:
  1. You agree that non-working or defective phone in exchange is not acceptable. Myadsinn shall have the sole right to make a decision with respect to acceptance/ rejection of an old phone in exchange which shall be final and binding.

 

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