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Welcome to www.aagooz.com managed and operated by "Aagooz.com Marketplace LLP". These Terms and Conditions describes the legal agreements between Aagooz.com Marketplace LLP ("AAGOOZ") and the Users of this website ("www.aagooz.com")
IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM AND THE SERVICES.
AAGOOZ provide a collection of online resources which include classified advertisements (collectively, "Application" or "Services") on the web application www.aagooz.com
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
2.1. AAGOOZ is the next generation of online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the application. Although, you may be able to conduct payment and transactions through the application only for posting Featured and Paid Ads, AAGOOZ is not in any way involved in any other transactions between you and other customers/ users of the website. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that AAGOOZ is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
2.2. You understand that AAGOOZ does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside AAGOOZ’s domain or other means of electronic communication, whether through the application or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the application, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will AAGOOZ be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Services. You acknowledge and agree that AAGOOZ cannot and does not pre-screen or approve any Content, but that AAGOOZ has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to AAGOOZ’s knowledge or for any other reason or no reason at all. Furthermore, the application and Content available through the application may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to AAGOOZ. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. AAGOOZ makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and AAGOOZ disclaims all liability thereto.
2.3. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the application. In connection with such Content posted on, transmitted through, or linked from the application by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the application (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize AAGOOZ to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Application and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Application, you hereby grant to AAGOOZ an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application and AAGOOZ 's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Application and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by AAGOOZ in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to AAGOOZ all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Application by any party for any purpose. As a part of the Service, AAGOOZ may offer the facility of automatically updating the "Description" and "Title" of your ad based on the information uploaded by you. AAGOOZ makes no warranty on the veracity or the accuracy of the generated Description and Title. The Description and Title may be edited by you at any time while your ad is live. You also hereby grant each user of the Application (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through your mobile number or private chat or any other means. The foregoing license to each user granted by you terminates once you or AAGOOZ remove or delete such Content from the Application. Further, you grant AAGOOZ the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
2.4. AAGOOZ does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and AAGOOZ expressly disclaims any and all liability in connection with User Content. AAGOOZ does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and AAGOOZ may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. AAGOOZ reserves the right to remove any Content without prior notice. AAGOOZ may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Application more than twice. Further, at its sole discretion, AAGOOZ reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, store, update or share any information on the Application, or otherwise make content:
I. That violates any law or regulation;
II. That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant AAGOOZ all of the license rights granted herein;
III. That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
IV. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
V. That harasses degrades intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
VI. That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
VII That threatens the unity, integrity, defense, security or sovereignty of the Union of States of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
VIII. That includes personal or identifying information about another person without that person's explicit consent;
IX. That impersonates any person or entity, including, but not limited to, an AAGOOZ employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
X. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
XI. That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
XII. That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
XIII. That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Application which are not designated for such purposes; or (2) e-mailed to AAGOOZ users who have requested not to be contacted about other services, products, or commercial interests;
XIV. That includes links to commercial services or Third-Party Websites, except as specifically allowed by AAGOOZ;
XV. That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
XVI. That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
XVII That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Application, or that otherwise negatively affects other users' ability to use the Application; or
XVIII. That employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Application.
XIX. That belongs to another person and to which you do not have any right;
XX. That is harmful to children;
XXI. That deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
XXII. That is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
Additionally, you agree not to:
I. Contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
II. Make any libelous or defamatory comments or postings to or against anyone;
III. Collect personal data about other users or entities for commercial or unlawful purposes;
IV. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
V. Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
VI. Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
VII. Attempt to gain unauthorized access to computer systems owned or controlled by AAGOOZ or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
VIII. Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of AAGOOZ 's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
IX. Use any automated device or software that enables the submission of automatic postings on AAGOOZ without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
4. PAID SERVICES
Currently, we offer all our Services except Featured Ads, at free of cost to all the Users. However, our Application can offer the following paid features and may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and AAGOOZ shall be governed by the laws of The Union of India. Any claim you may have against AAGOOZ must be submitted to the exclusive jurisdiction of the Courts in Kerala. We reserve the right to modify the price at which these features are made available to you:
4.1. Featured Ads
Featured Ads is a feature that enables the display of your advertisement in a designated area of the Application and/or in a highlighted manner, so as to distinguish it from other content posted on the Website. Your ad will remain in that spot until new advertisements are posted in that category, at which point it will move down accordingly in the listing space. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website.
This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Application in this regard is merely indicative.
The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you at a discounted price as mentioned on the Application. AAGOOZ reserves the right to limit the extent and manner in which Featured Ads may be edited by you.
4.2. Paid Ads
The paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 3 advertisements in a category in the last 30 days and the free limit is 3 advertisements per month for such a category, you will not be allowed to post a free advertisement after you have posted your third advertisement.
All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits.
You can either purchase a single Paid ad or can avail of bulk packages (“Paid ads package”) based on your requirement which shall be provided to you at a discounted price as mentioned on the Application.
However, currently we don't offer any Paid Ads to the Users as all the postings are made free of cost to all the Users.
4.3. Payment for Paid Services
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as Razorpay, PayU etc, offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”).
You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status.
Unless otherwise mentioned on the Website, prices indicated are exclusive of applicable taxes.
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account.
The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
AAGOOZ 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 authorized 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 authorized to act, you may submit a notification to AAGOOZ together with a request to AAGOOZ via our email-id available at the contact-us page..
6. USER SUBMISSIONS
You understand that when using the Platform, you will be exposed to content from a variety of sources and that AAGOOZ is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AAGOOZ with respect thereto.
You agree to defend, indemnify and hold harmless AAGOOZ, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Application or the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Application.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to AAGOOZ email addresses or through AAGOOZ computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time AAGOOZ may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the AAGOOZ email system. Any communication between yourself and any other user utilizing the communication features available on the Application may be used only in accordance with the Terms. Any unauthorized use of AAGOOZ computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that AAGOOZ shall not be liable for your interactions with any organizations and/or individuals on the Application. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that AAGOOZ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Application, or between users and any third party, you understand and agree that AAGOOZ is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release AAGOOZ , its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
10. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that AAGOOZ may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other content that may be transmitted or stored by the Application, and the frequency and the manner in which you may access the Application. You acknowledge that your account is identified and linked through your mobile number, Facebook account, or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account, or email address, AAGOOZ reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that AAGOOZ has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Platform or the Service. You acknowledge and agree that AAGOOZ reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that AAGOOZ shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that AAGOOZ , in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if AAGOOZ believes that you have violated these Terms. Further, you agree that AAGOOZ shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
11. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the Application and the Services are entirely at your own risk and that the Application and the Services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law AAGOOZ, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. AAGOOZ makes no warranties or representations about the accuracy or completeness of the Application's content or the content of any third-party websites linked to the Application and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application and the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Application, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Application or the services. AAGOOZ does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application or any hyperlinked website or featured in any banner or other advertising, and AAGOOZ will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
12. LIMITATIONS OF LIABILITY
In no event shall AAGOOZ , its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if AAGOOZ has been advised of the possibility of such damages), resulting from any aspect of your use of the Application, including without limitation whether the damages arise from use or misuse of the Application, from inability to use the Application, or the interruption, suspension, modification, alteration, or termination of the Application. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Application or any links on the Application, as well as by reason of any information, opinions or advice received through or advertised in connection with the Application or any links on the AAGOOZ site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that AAGOOZ shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. The platform is controlled and offered by AAGOOZ. AAGOOZ makes no representations or warranties that the Application is appropriate for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by AAGOOZ without restriction. Any assignment or transfer by you shall be null and void.
14. ABILITY TO ACCEPT TERMS OF SERVICE
This Application is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Application as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Application and use the Services, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the email-id available at the contact-us page. Any failure to act by AAGOOZ with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay AAGOOZ a lumpsum amount calculated by AAGOOZ as liquidated damages (and not a penalty):
16. GRIEVANCE OFFICER
If you have any grievance with respect to the Platform or the Service, you can contact our grievance officer at:
Name: Ms. Anjali G Dev
Designation: Head-Customer Support and Content Quality