Terms and Conditions
Using Phirkii -
You agree and understand that www.phirkii.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 offline 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 Phirkii 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 (hereinafter referred
to as the 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 Phirkii or the interests or property of Phirkii users or impose an unreasonable load on the infrastructure or interfere with the proper working of Phirkii.
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 Phirkii 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 Phirkii’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 byregistering 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 Phirkii 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.
Description of Service and Content Policy -
Phirkii 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 Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such Phirkii is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Phirkii 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.
● You understand that Phirkii 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 Phirkii’s domain or other means of electronic communication, whether through the Platform 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 Platform and the Service (“Content”), and that by using the Platform and the Service, 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 Phirkii 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, e-mailed or otherwise made available via the Service. You acknowledge and agree that Phirkii cannot and does not pre-screen or approve any Content, but that Phirkii 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 Phirkii’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites(“Third Party Websites”), which are completely unrelated to Phirkii. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Phirkii 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 Phirkii disclaims all liability thereto.
● 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 Service. In connection with such Content posted on, transmitted through, or linked from the Service 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 Service and Platform (including without limitation all patent, trademark, trade secret,copyright or other proprietary rights in and to any and all such Content) and authorize Phirkii 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 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 Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Phirkii 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 Platform and Phirkii’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform 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 Phirkii 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 Phirkii all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Phirkii may offer the facility of automatically capturing of the “Description” of your ad based on the images uploaded by you. Phirkii makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (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 private chat or any other means. The foregoing license to each user granted by you terminates once you or Phirkii remove or delete such Content from the Platform. Further, you grant Phirkii the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
● Phirkii does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Phirkii expressly disclaims any and all liability in connection with user Content. Phirkii does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Phirkii 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. Phirkii reserves the right to remove any Content without prior notice. Phirkii 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 Platform more than twice. Further, at its sole discretion, Phirkii reserves the right to decide whether any Content is appropriate and complies with these Terms.
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.
You agree not to hold www.phirkii.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.
Paid Services -
Phirkii may charge a fee to post Content in some areas of the Service (“Paid Services”) . The fee permits certain Content to be posted in a designated area of the Platform or in excess of limits set by Phirkii. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
Posting Agents -
As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Phirkii prohibits the use of Posting Agents,directly or indirectly, without the express written permission of Phirkii. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Phirkii.
The User should agree to indemnify and hold Phirkii, 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.
No Spam Policy -
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Phirkii email addresses or through Phirkii computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Phirkii 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 Phirkii email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Phirkii 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.
Dealings With Organizations And Individuals
You acknowledge and agree that Phirkii shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. 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 Phirkii 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 Platform, or between users and any third party, you understand and agree that Phirkii 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 Phirkii, 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.
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.
Disclaimer Of Warranties
You expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service 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 Phirkii, its officers, directors, employees, and agents disclaim all warranties,express or implied, in connection with the platform and your use thereof. Phirkii makes no warranties or representations about the accuracy or completeness of the platform’s content or the content of any third party websites linked to the platform 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 platform and service, (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 platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform 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 platform or the service. Phirkii does not warrant, endorse,guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and Phirkii 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.
Ability To Accept Terms Of Service
This Platform is intended only for adults and that you are eligible to contract as per applicable laws.If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is 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 18, as the Platform is not intended for children under 18.NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS If you are under the age of 18, 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.