Terms & Conditions of Bong Haat Classified | Bengali Classified site in India
Using Bong Haat Classified.
- You agree and understand that www.BongHaatClassified.comis an internet enabled electronic platform that facilitates communication forthe purposes of advertising and distributing information pertaining to goodsand/ 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 atany point in time come into possession of or engage in the distribution of anyof the goods and/ or services, you have posted, listed or provided informationabout on our site. While interacting with other users on our site, with respectto any listing, posting or information we strongly encourage you to exercisereasonable diligence as you would in traditional off line channels and practicejudgment and common sense before committing to or complete intended sale,purchase of any goods or services or exchange of information. We recommend thatyou read our Safety tips before doing any activity on our site.
- While making use of Bong Haat Classified andother services such as the discussion forums, comments and feedback and otherservices interalia, you will post in the appropriate category or area and youagree that your use of the Site shall be strictly governed by this AUPincluding the policy for listing of your Classified which shall not violate theprohibited 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 incorporatedin this AUP by way of reference:
- " Your Information" is defined as anyinformation you provide to us or other users of the Site during theregistration, posting, listing or replying process of classifieds, in thefeedback area (if any), through the discussion forums or in the course of usingany other feature of the Services. You agree that you are the lawful ownerhaving all rights, title and interest in your information, and further agreethat you are solely responsible and accountable for Your Information and thatwe act as a mere platform for your online distribution and publication of YourInformation.
You agree that your listing, posting and / or Information :
- shall “not be fraudulent, misrepresent, misleador pertain to the sale of any illegal, counterfeit, stolen goods and / orservices
- shall not pertain to good , services of whichyou 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.
- shall not infringe any intellectual property,trade secret, or other proprietary right or rights of publicity or privacy ofany third party.
- shall not consist of material that is anexpression of bigotry, racism or hatred based on age, gender, race, religion,caste, class, lifestyle preference, and nationality and / or is in the natureof being derogatory, slanderous to any third party.
- shall not be obscene, contain pornography orcontain “indecent representation of women” within the meaning of the IndecentRepresentation of Women (Prohibition) Act, 1986.
- shall not distribute or contain spam, multiple /chain letters, or pyramid schemes in any of its forms.
- shall not distribute viruses or any othertechnologies that may harm Bong Haat Classified or the interests or property ofBong Haat Classified users or impose an unreasonable load on the infrastructureor interfere with the proper working of Bong Haat Classified.
- shall not, directly or indirectly, offer,attempt to offer, trade or attempt to trade in any goods and services, thedealing of which is prohibited or restricted in any manner under the provisionsof any applicable law, rule, regulation or guideline for the time being inforce.
- shall not be placed in a wrong category or in anincorrect area of the site.
- shall not be placed in any other Bong HaatClassified site except on the site that relates to the city in which you arelocated.
- shall not list or post or pertain to informationthat is either prohibited or restricted under the laws of the Republic of India and suchlisting, posting or information shall not violate Bong Haat Classified'sListing Policy.
- You consent to receive communications by email,call or by such other mode of communication, electronic or otherwise related tothe services provided through the website.
- You agreethat your listing, posting and / or Information:if you use the Site byregistering on the Site, you are responsible for maintaining theconfidentiality of your User ID, password, email address and for restrictingaccess to your computer, computer system, computer network and your Bong HaatClassified account, and you are responsible for all activities that occur underyour User ID and password. If you access the Site using any electronic deviceother than by registration on the Site, the AUP remains applicable to you inthe same manner as if you are a registered user on the Site.
- Use of www. BongHaatClassified.com, either byregistration 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 personswho can enter into a legally binding contract, and or are not barred by any lawfor the time being in force. If you access Bong Haat Classified, either by registrationon the Site or by any other means, not as an individual but on behalf of alegal entity, you represent that you are fully authorized to do so and thelisting, posting or information placed on the site on behalf of the legalentity is your responsibility and you agree to be accountable for the same toother users of the Site.
Abuse of Bong Haat Classified
- You agree to inform us if you come across anylisting or posting that is offensive or violates our listing policy orinfringes any intellectual property rights by clicking on the following link classified@BongHaat.comto enable us to keep the site working efficiently and in a safe manner. Wereserve the right to take down any posting, listing or information and or limitor terminate our services and further take all reasonable technical and legalsteps to prevent the misuse of the Site in keeping with the letter and spiritof this AUP and the listing policy. In the event you encounter any problemswith the use of our site or services you are requested to report the problem bywriting to us at email@example.com
Violations by User
- You agree that in the event your listing,posting or your information violates any provision of this AUP or the listingpolicy, we shall have the right to terminate and or suspend your membership ofthe Site and refuse to provide you or any person acting on your behalf, accessto the Site.
- The Site contains content which includes YourInformation, Bong Haat Classified's information and information from otherusers. You agree not to copy, modify, or distribute such content (other thanYour Information), Bong Haat Classified's copyrights or trademarks. When yougive us any content as part of Your Information, you are granting us anon-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensableright and license to use, reproduce, publish, translate, distribute, performand display such content (in whole or part) worldwide through the Site as wellas on any of our affiliates or partners websites, publications and mobileplatform. We need these rights with respect to the content in Your Informationin order to host and display your content. If you believe that there is aviolation, please notify us by writing to us at classified@BongHaat.com
- We reserve the right to remove any such contentwhere we have grounds for suspecting the violation of these terms and ourListing Policy or of any party's rights.
- You agree not to hold www.BongHaatClassified.comor any of its officers, employees, agents responsible or accountable for any ofyour listing, postings or information and nor shall we, our officers, employeesor agents be liable for any misuse, illegal activity or third party content asmost postings, listings or information are generated by various users directlyand we do not have any role in the creation, publication or distribution of theposting, listing or information, nor are we in a position to have editorialcontrol over the substance or content contained in the listings, postings, orinformation, 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 damagesarising out of your use of the site or as a result of any sale, purchase ofgoods and services with other users of the site. We also cannot guaranteecontinuous or secure access to our Services. Accordingly, to the extent legallypermitted we exclude all implied warranties, of merchantability, fitness orquality of the Site and our services.
- By using Bong Haat Classified, you agree to thecollection, transfer, storage and use of any personal information provided byyou on the Site by Bong Haat Classified. The data is stored and controlled on ourservers. By submitting your resume with your replies, you give permission to BongHaat Classified to publicly display your resume which can be freely accessed byanyone. You also agree to receive marketing communications from us unless youspecifically indicate otherwise in writing to us through classified@BongHaatClassified.com.You may send questions about this policy to classified@BongHaatClassified.com
- You agree that Bong Haat Classified may useinformation shared by you to provide customer services and to understand if anyother services or advertisement listed on Bong Haat Classified website mayinterest you.
- You agree that, we may share personallyidentifiable data of any individual to our agents or recruiters or Affiliatesdefined as any person directly or indirectly controlling, controlled by, orunder direct or indirect common control with, Bong Haat Classified, includingits subsidiaries and associate companies.
- We may update this AUP or the listing policy atany time and may notify you of such updates via a post on the boards and /orthrough email communications. The modified AUP and /or Listing Policy shallcome into effect either at the time you place your next posting, listing orinformation on the Site or after a period of 30 days from the date of theupdate, whichever is sooner. If we or our corporate affiliates are involved ina merger or acquisition, we may share personal information with anothercompany, but this AUP shall continue to apply.
Third Party Content and Services
- Further, user’s interactions with organizationsand/or individuals found on or through the service, including payment anddelivery of goods and services, and any other terms, conditions, warranties orrepresentations associated with such dealings, are solely between the user andsuch organization and/or individual. The user should make whateverinvestigation they feel necessary or appropriate before proceeding with anyoffline or online transaction with any of these third parties.
- The User should agree to indemnify and hold BongHaat Classified, 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 dueto 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 andwarranties herein, or user’s violation of any rights of another.
Governing Law & Jurisdiction
- This AUP and the Listing Policy shall be governed andconstrued in accordance with the laws of the Republic of India and the courtsat Delhi shall have exclusive jurisdiction on all matters and disputes arisingout of and relating to the Site.
No Guarantee of Business:
- Bong Haat Classified does not guarantee businessfrom the leads generated. Bong Haat Classified shall not be responsible orliable at all to the Advertiser if no business or business leads are generatedfor the Advertiser through premium ads on the Website. Advertiser understandsthat Bong Haat Classified’s only obligation is to place the premium ads on theWebsite in the manner provided for in these Terms. Accuracy of theinformation/content provided is the advertiser's responsibility and Bong HaatClassified will not be held responsible for false claims made by theadvertiser.
- Advertiser agrees to make all payments due to BongHaat Classified in a timely and efficient manner and shall ensure that chequesissued do not bounce. Advertiser shall not issue stop-payment instructions inrespect of such cheques. The Advertiser recognizes that Bong Haat Classifiedhas the right to take action under the Negotiable Instruments Act 1881 inrespect of bounced cheques or take any other action available in law.Advertiser represents and warrants that (i) it is a bona fide businessorganization or individual carrying on business in relation to the itemsdisclosed to Bong Haat Classified, (ii) it has the right to use the trademarksit claims to have the right to use (iii) the business carried on by Advertiserdoes not violate or infringe upon any law or regulation and all registrationsrequired for carrying on business have been procured by it and (iv) allClassified(s) provided to Bong Haat Classified is/are and shall at all times beaccurate and complete, and entirely lawful. The Advertiser shall bear completeresponsibility for the quality of its goods and/or services, and Bong HaatClassified shall bear no responsibility for the same. The Advertiser agrees tobe bound by all applicable policies of Bong Haat Classified relating toClassifieds and the Website, and the Advertiser grants to Bong Haat Classifieda worldwide intellectual property licence (including a copyright and trade marklicence) relating to all intellectual property rights in the Classified(s) todo any acts in relation to the Classified(s) which Bong Haat Classified maydeem necessary to fulfil its obligations.
- "If all premium ads available to theadvertiser under the subscription scheme are not used / availed of during theperiod of these terms, the unutilized units shall be forfeited - no refundshall be made and neither can the unutilized credits be carried forward."
- Premium ads are prioritized over free ads on thewebsite on search and browse pages. The sequence in which premium ads are displayedwill be controlled by Bong Haat Classified's search algorithm which is BongHaat Classified's sole prerogative. The advertiser shall not have a say indetermining the sequence in which ads are displayed within the set of premiumads matching a user's search query/browse intent.
- Banner slots will be provided as per the detailsmentioned in the contract form. Banner slots will be shared between Bong HaatClassified's advertisers who have subscribed for a particular slot and thebanners will be displayed on a rotational basis. A banner will be displayedonly after seeking approval from the advertiser. Bong Haat Classified does notprovide any guarantees of impressions or clicks for the client banners.
- Verified leads refer to consumers who have expressedinterest in consuming a service from a service provider recommended by BongHaat Classified. Any dispute regarding any verified lead shall be raised to BongHaat Classified within 3 days of the lead being sent in writing/email and willbe analyzed on a case by case basis. Bong Haat Classified's decision will befinal and binding in the event of a dispute regarding a lead.
- The advertiser acknowledge that anyliability/claim in respect of the products or services promoted through theAdvertisements under the scope of this Agreement shall be solely to the accountof the advertiser. It is agreed that in case of any claims in respect of thesame against Bong Haat Classified, the advertiser shall indemnify Bong HaatClassified against all such claims and damages.
- Advertiser shall procure and keep valid allnecessary licenses, permissions, authorisations, consents, approvals andregistrations with/from any government department, agency or authority requiredfor it to perform the Services in accordance with this Agreement and bear soleand exclusive responsibility for all compliances with such licensespermissions, authorisations, consents, approvals and registrations.