Introduction.

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

1.Using Sakshi Classifieds.

You agree and understand that www.sakshiclassifieds.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 Sakshi Classifieds and other services such as the discussion forums, comments and feedback and other services interalia, 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 ListingPolicy.) (Listing Policy) The listing policy shall be read as part of this AUP and is incorporated in thisAUP 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 Sakshi Classifieds or the interests or property of Sakshi Classifieds users or impose an unreasonable load on the infrastructure or interfere with the proper working ofSakshi Classifieds.

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 Sakshi Classifieds 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 Sakshi Classified'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 Sakshi Classifieds 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 theSite.

2.Eligibility

Use of www.sakshiclassifieds.com, either by registration or by any other means, is available only to persons, who areCitizens 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 Sakshi Classifieds, 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.

3.Abuse of Sakshi Classifieds

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@sakshiclassifieds.com to enable us to keep the site working efficiently and in a safe manner. We reserve the right to takedown 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@sakshiclassifieds.com

4.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.

5.Content

The Site contains content which includes YourInformation, Sakshi Classified's information and information from other users.You agree not to copy, modify, or distribute such content (other than YourInformation), Sakshi Classified'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@sakshiclassifieds.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.

6.Liability

You agree not to hold www.sakshiclassifieds.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, 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.

7.Personal Information

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

You agree that Sakshi Classifieds may use information shared by you to provide customer services and to understand if any other services or advertisement listed on SakshiClassifieds website may interest you.

You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Sakshi Classifieds, including its subsidiaries and associate companies.

8.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.

9.Third Party Content and Services

SakshiClassifieds 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. Sakshi Classifieds 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.

10.Indemnity

The User should agree to indemnify and hold SakshiClassifieds, 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.

11.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.

 

12.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 PayPal/Paytm account as per request.

13.Sakshi Classifieds Exchange:

1. You agree that non-working or defective phone in exchange is not acceptable. SakshiClassifieds 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.

14.Sakshi Classifieds Jobs:

1.     As a job-seeker you agree that Sakshi Classifieds will not be responsible for any payments made to a third-party (including verified companies).

2.     As a recruiter you agree that misuse or fraud use of this platform will result in deactivation and/or further action. You also agree to adhere to all job posting rules.

15.Instant Hire product:

1.     A fees will be charged on the Instant Hire product for accessing the candidate contact details. All fees and charges are non-refundable and there are no refunds for partially used credits.

16.No Guarantee of Business:

1.     SakshiClassifieds does not guarantee business from the leads generated. SakshiClassifieds shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the Website. Advertiser understands that Sakshi Classifieds’s only obligation is to place the premium ads on the Website in the manner provided for in these Terms. Accuracy of the information/content provided is the advertiser's responsibility and Sakshi Classifieds will not be held responsible for false claims made by the advertiser.

17.Advertiser Obligations:

1.     Advertiser agrees to make all payments due to Sakshi Classifieds in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-payment instructions in respect of such cheques. The Advertiser recognizes that Sakshi Classifieds has the right to take action under theNegotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is a bonafide business organization or individual carrying on business in relation to the items disclosed to Sakshi Classifieds, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) allClassified(s) provided to Sakshi Classifieds is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and SakshiClassifieds shall bear no responsibility for the same. The Advertiser agrees tobe bound by all applicable policies of Sakshi Classifieds relating toClassifieds and the Website, and the Advertiser grants to Sakshi Classifieds a worldwide intellectual property licence (including a copyright and trade mark licence) relating to all intellectual property rights in the Classified(s) todo any acts in relation to the Classified(s) which Sakshi Classifieds may deem necessary to fulfil its obligations.

1.      

18.Marketplace Seller Incentive Policy

Policy purpose

The policy aims to establish guidelines related to performance based incentives which will be used by SakshiClassifieds to reward the registered Sellers upon increasing the customer footfall in Sakshi Classifieds website, which would significantly contribute to brand name of Sakshi Classifieds

Eligibility for Assured Furniture, Mobiles, Electronics, Appliances and Lifestyle products:

All the Sellers registered in SakshiClassifieds’ platform and entered into marketplace agreement with SakshiClassifieds are eligible for the incentive plan upon satisfaction of all of the conditions mentioned below:

1.     Products listed by the sellers on the platform should meet the Sakshi Classifieds fulfilled quality standards, as prescribed by Sakshi Classifieds.

2.     No of products sold on platform every month should be more than 100 units.

3.     Orderfulfilment – more than 90% fulfilment of the order within the prescribed timelines

4.     Customer sales return (DTO) - % of sales return to be less than 20%.

5.     Customers should not have any open claim/litigation against the Seller

6.     Complaints, if any raised by the customers to be addressed within 2 days

Eligibility for Cars& Bikes

All the Sellers registered in SakshiClassifieds’ platform and entered into marketplace agreement with SakshiClassifieds are eligible for the incentive plan upon satisfaction of all of the conditions mentioned below:

1.     No of products sold on platform every month for bikes should not be less than 50 and for cars it should not be less than 20.

2.     Order fulfilment – more than 95% fulfilment of the order within the prescribed timelines

3.     Sales return- % of sales returns to be less than 10%.

4.     NPS rating should be more than 40%.

5.     Customers should not have filed any claims/litigations against the Seller

6.     Complaints, if any raised by the customers to be addressed within 7 days

Quantum of Incentive

The quantum of incentive for such sellers under this Incentive policy will be decided on monthly basis by SakshiClassifieds management and will be intimated to the sellers.

Timing of Incentive

Incentive shall be provide on aperiodic basis as decided by Sakshi Classified’s management

Policy amendment and withdrawal

The policy is subject to review and may be changed or withdrawn at the discretion of Sakshi Classified after giving 15 days’ notice to sellers.

19.Notice of Infringement of IntellectualProperty

1.    SakshiClassifieds 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

2.     If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that anyContent or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may write to us at support@sakshiclassifieds.com to delete the relevant Content in good faith

20.Sakshi Classifieds Assured marketplace

1.    SakshiClassifieds has set quality norms for the assured products that are followed by its merchants refurbishing them. These products may or may not be refurbished from the authorized OEM's and Sakshi Classifieds is not liable for any claims arising from this matter

2.     Unboxed products available in the Sakshi Classifieds Assured Marketplace are generally as good as new and are non-defective. These products are typically returned to the sellers by buyers in their business for reasons such as wrong model dispatched, incorrect colour etc, or are opened by customers who find after checking the contents of the package that the wrong product was shipped or simply the change of mind at customers end. As per our terms and conditions, if a product does not meet our buyers' expectations, we encourage them to not accept it and subsequently initiate a refund of the payment. These products also come with third party warranty of specific duration which would change from time to time

3.     AssuredMobile Phones under Excellent/Like New, Good and Fair conditions come with a compatible charger only. Also, Earphones are not part of a box contents.

4.     We do not warrant that product descriptions are accurate and actual condition of the product may vary due to enhancements.

5.     Warranty onAssured Mobile Phones is optional and customers can avail the same by paying applicable charges.

21.Sakshi Classifieds Easy

1. We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that SakshiClassifieds India Pvt. Ltd. does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers.

2. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Sakshi Classifieds India Pvt. Ltd Only (Premium and Top Choice customers). This verification is solely based on the documents as supplied byan advertiser/s or as per the details contained in Customer Registration Form.

22.Assured Lifestyle

1.    We have numerous brands to choose from, whether it is the Unboxed Fashion orLifestyle Products, which we are adding to our categories, every day. Whatever the product is, there are a few things that never change – jaw dropping discounts, quality products and happy customers.

2.     Wherever you are from, we deliver there. Associating with our external partners, we take all the efforts to bring it to your doorstep.

3.     No COD option Available*

4.     NoReplacement/Refund*

5.     If unfortunately you have to cancel an order, please do so within 3 hours of placing the order (or before the product is shipped) ONLY by calling selling for outright cancellations by you.

6.     SakshiClassifieds reserves the right, to change, modify, add or remove portions of this Policy, at any time without any prior written notice to the Participant.

23.Miscellaneous:

1."If all premium ads available to the advertiser under the subscription scheme are not used / availed of during the period of these terms, the un utilized units shall be forfeited - no refund shall be made and neither can the unutilized credits be carried forward."

2.     Premium ads are prioritized over free ads on the website on search and browse pages. The sequence in which premium ads are displayed will be controlled by SakshiClassified's search algorithm which is Sakshi Classified's sole prerogative.The advertiser shall not have a say in determining the sequence in which ads are displayed within the set of premium ads matching a user's search query/browse intent.

3.     Banner slots will be provided as per the details mentioned in the contract form. Banner slots will be shared between Sakshi Classified's advertisers who have subscribed for a particular slot and the banners will be displayed on a rotational basis. A banner will be displayed only after seeking approval from the advertiser. Sakshi Classifieds does not provide any guarantees of impressions or clicks for the client banners.

4.     Verified leads refer to consumers who have expressed interest in consuming a service from a service provider recommended by Sakshi Classifieds. Any dispute regarding any verified lead shall be raised to Sakshi Classifieds within 3 days of the lead being sent in writing/email and will be analysed on a case by case basis. Sakshi Classified's decision will be final and binding in the event of a dispute regarding a lead.

5.     The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account of the advertiser. It is agreed that in case of any claims in respect of the same against Sakshi Classifieds, the advertiser shall indemnify Sakshi Classifieds against all such claims and damages.

6. Advertiser shall procure and keep valid all necessary licenses, permissions, authorisations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorisations, consents, approvals and registrations.

7.     SakshiClassifieds doesn't support sellers to sell imported mobile phones, electronic items on its platform, through any means. If at all any such product is being sold on Sakshi Classifieds Website, Sakshi Classifieds is not responsible being a Marketplace.

8. All theAssured/Refurbished handsets, electronic items listed on Sakshi Classifieds belong to sellers. Refurbishment of the products are being done by the Sellers and Sakshi Classifieds is not responsible for the Quality of any of these products.

9.     SakshiClassifieds doesn't qualify the condition of the phones listed on its platform or transacted through the online flow of Doorstep/Bazaar flows.

10.  SakshiClassifieds Doorstep/Bazaar is a Consumer-to-Consumer used good platform and hence any transaction done through the flow attracts GST at 18% of theConvenience fee charged and not on the value of the used item sold.