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Terms and Conditions
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This website, www.149cents.com
(hereinafter referred to as "149cents ") is owned, hosted and operated by
meena Infotech having their office
at ,52,9th cross,5th main,K R Gardens, HA L Post ,Bangalore
560 017.
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Definitions
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Unless otherwise specified,
the capitalized words shall have the meanings as defined herein below:
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1)
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Agreement:
Shall
mean and include the completed application form, its attachment(s) and the terms
and conditions stated herein. It shall deem to have been executed at
Bangalore.
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2)
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Date of Commencement:
Shall
mean the date of registration when the User registers with the website.
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3)
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Date of Termination:
Shall
mean the date when Meena Infotech terminates
this agreement for the violation of the terms and conditions set herein under and
the on the website.
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4)
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Subscriptions:Contains time to time
information and description of the Services including the listing fees for the User
provided by Meena Infotech in writing
or contained in the website www.149cents.com .
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5)
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Registration
Data:
Is the database of all the particulars and information supplied by the User on initial
application and subscription, including but without limiting to the User’s name,
telephone number, mailing address, account and email address. Words referring to
masculine include the feminine and the singular include the plural and vice versa
as the context admits or requires; and words importing persons includes individuals,
bodies corporate and unincorporated.
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6)
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User:
The terms
'User' shall mean and include ‘Search User’ and ‘Registered User’ as defined herein
under. The term User is defined as an individual or corporate subscriber for the
Services and the signatory, whose particulars are contained in the application form
and includes his successors and permitted assignees.
a.
Registered user: Shall mean and include ‘Authorized or an Unauthorized User as defined
herein under:
i.
Authorized User: The term 'Authorized User' would include any
person, whether an individual or a legal entity (bodies corporate and unincorporated)
who has subscribed to the services of 149cents and to whom the access is restricted
by the use of a sign in user name and a password. The user name and password are
either allotted by 149cents or chosen by the user or agreed upon by . 149cents It
is made abundantly clear that only the authorised user has the right to access the
services so offered by 149cents.
ii.
Unauthorised User: For the purposes of this agreement, any person
who does not have a legal or a contractual right to access the services, but does
so, will fall within the definition of an 'unauthorised user' and will be subject
to the terms and conditions, and expressly so with respect to respecting the intellectual
property rights of the provider, and abiding by licensing terms and conditions.
b.
Search User: Shall mean and include any person, whether an individual or a legal
entity other than the Registered User as mentioned herein above. The said search
user shall be subject to the terms and conditions, privacy policy and expressly
so with respect to respecting the intellectual property rights of the provider,
abiding by licensing terms and conditions. The said Search User shall be bound with
the prevalent provisions of law and contravention of the same shall be liable under
civil and criminal proceedings.
Use of the www.149cents.com
is available only to persons who can form legally binding contracts under applicable
law. Persons who are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible
to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register
as a member of the www.149cents.com. If you are registering as a business entity,
you represent that you have the authority to bind the entity to this Agreement.
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7)
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Services:
The terms
'service' or 'services' would mean to include but not limited to all the services
offered under the heading of ‘categories’ and the interactive online information
service offered by 149cents on the
internet through which the User may access information carried by 149cents in the database maintained by it and
shall include the provision of facilities mentioned therein under. The terms would
include to mean the search tools through which the user can search through the hosted
databases and information using a number of search tools that are present with a
selection matching their search criteria. Users then select one or more of the items
presented to view the full document/ record.
a.
Service to the Users wishing to post their profile or listing for the purpose of
rental of their property and other services and for users wanting to avail the rented
property or other service.
b.
Service to the Users who wishes to secure a property / or other service through
www.149cents.com and its Internet links.
c.
Service to the users who wishes to place or print advertisement in any of the group
publications through the www.149cents.com site.
d.
Service to the Users who wishes to insert advertisements at www.149cents.com site.
e.
Service to the Users who wishes to receive advertisements and promotional messages
on www.149cents.com and through emails.
The term service
does not extend to Meena Infotech/ www.149cents.com acting as an agent either
express or implied on behalf of any user/customer.
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8)
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Lessor:
Shall mean
any Registered User through the services as mentioned in the ‘categories’ offered
by 149cents, who posts his listing, items, or services (which depends on the services
as mentioned in the categories of the 149cents website)
on the website www.149cents.com.
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9)
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LESSE:
Shall mean
any User who avails the listings, items, or services for rent as mentioned in categories
of the website www.149cents.com offered by the LESSOR through the listings as listed
with the website www.. 149cents com
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10)
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Rent:
The consideration
paid for the right to use and possess property/service.
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Role Of The Web
Site
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Meena Infotech provides www.149cents.com as a service to enable its users
to connect with one another. 149cents provides
the platform but does not directly participate in, nor is it involved in any transactions.
Please keep in mind that listings/advertisements are posted not by , 149cents but Users of 149cents. Users of this
service are responsible for all aspects of the transactions in which they choose
to participate.149centsrequires a User
to register before posting a listing/classifieds advertisements but does not screen
or control Users who may rent out or take the rental through the Web Site, nor does
149cents review or authenticate all
listings, items, or services offered for rent. 149cents has no control over the
quality, safety or legality of the items advertised, the truth or accuracy of the
listings, the ability of LESSOR to rent items or the ability of LESSE to take the
items onrent
Therefore, users of this service should be aware that:
LESSOR and LESSE are
completely responsible for working out the rent. They must resolve any disputes
that may arise in their dealings.
- LESSE and LESSOR
are responsible for researching and complying with any applicable laws, regulations
or restrictions on items, services, or manner of sale or exchange that may pertain
to transactions in which they participate.
- LESSE and LESSOR
are responsible for all applicable taxes and for all costs incurred by participating
in 149cents.
- 149cents will not be liable for any damages of any
kind incurred as a result of the information contained in the website www.149cents.com.
- 149cents is not responsible for any non-performance
or breach of any contract entered into between Users. 149cents
cannot and does not guarantee that the concerned Users will perform
any transaction concluded on the website www.149cents.com. 149cents
shall not and is not required to mediate or resolve any dispute
or disagreement between Users.
- 149cents does not make any representation or Warranty
as to the attributes (such as quality, worth, marketability, etc.) of the items
or services proposed to be sold or purchased on the website www.149cents.com. In
particular, 149cents does not implicitly
or explicitly support or endorse the sale or purchase of any items or services on
the website www.149cents.com. 149cents accepts
no liability for any errors or omissions, whether on behalf of itself or third parties.
- 149cents does
not make any representation or warranty as to the attributes (such as legal title,
creditworthiness, identity, etc.) of any of its Users. You are advised to independently
verify the bona fides of any particular User that you choose to deal with on the
Site and use your best judgment in that behalf.
- The website www.149cets.com
is a channel of communication whereby the Users can reach a larger base to rent
items or services (as mentioned in ‘categories’). 149cents is only providing a platform
for communication and it is agreed that the resulting contracts shall be a strictly
bipartite contract between the LESSOR and LESSE. At no time shall any right, title
or interest over the items vest with 149cents nor
shall 149cents have any obligations
or liabilities in respect of such contract. 149cents is not responsible for unsatisfactory
or delayed performance of services or damages or delays as a result of items which
are out of stock, back ordered or otherwise unavailable. All items are offered only
for a restricted time and only for the available supply.
- The Users shall
independently agree upon the manner and terms and conditions of delivery, payment,
insurance etc. with the other registered Users that you transact with.
- You release and
indemnify 149cents and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions of the Users of the
website www.149cents.com and specifically waive any claims that you may have in
this behalf under any applicable law. Notwithstanding its reasonable efforts in
that behalf, 149cents cannot control the information provided by other Users which
is made available on the website www.149cents.com. You may find other User's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using the website www.149cents.com. Please note that
there are also risks of dealing with foreign nationals, underage persons or people
acting under false pretense.
This Site is only a
venue where Users may meet and interact with one another for their transactions.
149cents is not and cannot be a party
to or control in any manner any transaction between two Users of the Site.
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OBLIGATIONS
OF USER
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- The accuracy
of the Registration Data given to the 149cents on initial application for the registration
shall be the sole responsibility of the User.
- Any licenses,
permits, consents, approvals and intellectual property or other rights as may be
required for using the Service shall be obtained by the User at his own cost.
- The User will
ensure compliance with all notices or instructions given by the Re 149cents from
time to time to enable the use of the Service.
- The User understands
and agrees that User is responsible for all applicable taxes and for all costs that
are incurred in using the 149cents service.
- The User shall
be solely responsible for all information retrieved, stored and transmitted through
the Service by him.
- The User shall
keep confidential and not disclose to any person the User’s password and user identification
and all activities and transmission performed by the User through his user identification.
- The User shall
immediately notify the 149cents of any un-authorized use of the User’s account or
any other breach of security known to the User.
- The User shall
promptly make the payment to the 149cents towards the Listing Fees as and when it
becomes payable.
- The User shall
be responsible for the set-up or configuration of his equipment for access to the
Service.
149cents in its sole
discretion shall reserve the right to edit, modify and alter the content. User agrees
that the online advertisements/ listings placed with 149cents shall be reflected
after 48 hours. It istobenoted that there can be likely delay in posting of listing
which would be subject to realisation ofpayment and listing contents. The User further
agrees to the stipulated 48 hours processing and the delayas mentioned herin above.
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The User will indemnify 149cents for any action
or claim committed/made by any third party resulting from any information posted
on the site by the user or/and anybody else on his behalf.
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PROHIBITED
ACTIONS
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- User is restrained
from allowing any person other than the authorized person(s) named in the application
form to use the Service.
- The User undertakes
not to resell or assign his/her rights or obligations under these Terms & Conditions.
User also agrees not to make any unauthorized commercial use of the Service.
- The User shall
use the Service only for the purpose for which it is subscribed.
- The User shall
comply with all applicable laws (and shall not contravene any applicable law) of
India
relating to the Services, including
any regulation made pursuant thereto.
The User shall not
to print, download, duplicate or otherwise copy, delete, vary or amend or use any
data or personal information for any process other than renting the prescribed service
posted by any User on 149cets except such data and information which is posted by
the particular User himself.
- The User shall
not share the Service with any person without the prior written approval of the
Company.
- The User shall
not use the Service for any unlawful purpose including without limitation criminal
purposes
- The Service shall
not be used to send or receive any message, which is offensive on moral, religious,
racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing
nature.
- The User shall
be prohibited if they persistently send messages or make postings on 149cents to
any other User or third party who access 149cents without reasonable cause or for
causing any threat or/and harassment or/and annoyance or/and anxiety or/and any
other inconvenience whatsoever caused to any person.
- The User shall
not infringe on any intellectual property rights of any person or/and retain information
in any computer system or otherwise with an intention to do so.
- The User shall
give out to 149cents a non-exclusive, worldwide, royalty-free, irrevocable, sub-license
able (through multiple tiers) right to exercise all copyright and publicity rights,
in any existing or future media, known or unknown, over the material or User Data
displayed in your listings. For the purpose of this Agreement, "User Data" shall
mean all information (if any) submitted by the User to 149cents with the exception
of trading data, credit card numbers, checking account numbers, etc. "Individually
Identifiable User Data" shall mean that subset of "User Data" which can be reasonably
used to identify a specific individual such as their name, address, phone number,
etc. The User Data shall be deemed to be the property of 149cents. The User shall
take all reasonable efforts to ensure that it is accurate and complete and not misleading
in any way.
- User agrees not
to make use of anyone else's Information other than as necessary to complete any
149cents transactions in which you are involved.
- The User shall
not violate, or attempt to violate the security of 149cents and/or any web sites
linked to 149cents or gain un-authorized access any information regarded as private
by other Users or persons, including but without limitation to accessing data and
information not intended for them or logging onto a server or account which the
User is not authorized to access, attempting to probe, scan or test the vulnerability
of a system or network or attempting to breach security or authentication.
- The User shall
be prohibited to introduce, post or transmit any information or software, which
contains a virus, worm or other harmful component into the internet or 149cents
network system.
- In the event
that the User breaches any of the above mentioned covenants, 149cents shall have
the right to delete any material relating to the violations without prior notice
to the User. 149cents shall issue a
warning to the User to discontinue any activity which leads to the said violations
and in the event the User continues with such prohibited activity, 149cents reserves the unilateral right to suspend
or/and deactivate the User’s access to 149cents the
Service and/or any other related facility. In addition to the right to indemnity
available to 149cents, 149cents shall
have the right to any legal remedy, against the User to recover the loss suffered
by 149cents and the harm caused to
the reputation of the Company, due to such violation by the User.
- The Users shall
avail of the 149cents or any other
related site for lawful purposes alone. Transmission or/and distribution or/and
storage of material or/and conduct in violation of any applicable local or/and state
or/and Central or/and foreign law or/and regulation is prohibited. This includes
without limitation any unauthorized use of material protected by patent or/and copyright
or/and trademark or/and other intellectual property right, material that is obscene
or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and
violates rights of privacy or publicity, or/and violates export control laws. The
User may use the information on our site only to the extent necessary to facilitate
149cents related transactions.
- The 149cents
strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email
and deteriorates the performance and availability of the 149cents
service. All forms of SPAM, or any other activities that have the
effect of facilitating SPAM, are strictly prohibited. 149cents
also prohibits the use of another Internet service to send or post
SPAM to drive visitors to your site hosted on or through 149cents
systems, whether or not the messages were originated by you, under
your direction, or by or under the direction of a related or unrelated third party.
- Users shall not
use or manipulate this service for any fraudulent activity or purpose. Items or
services offered for rent must comply with applicable laws
- Users may not
post the same ad in multiple places. 149cents may
take action to delete the classifieds ads and/or 149cents
user accounts that we believe are misusing this service. Prohibited
spam or otherwise impermissible marketing activities in149cents
may include, but are not limited to, the following:
- Posting an ad
that is unrelated to the category in which the ad is placed.
- Posting identical
ads in the same category and location.
- Posting an ad
with inappropriate links, titles, descriptions, or unauthorized use of content to
which the person posting does not have rights.
- Posting an ad
through unauthorized robots (crawling software).
- Posting an ad
that is unrelated to the category in which the ad is placed.
- Soliciting a
149cents Classifieds user to post an
ad in another classifieds site.
- Posting ads
for services that compete with any of 149cents's services.
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Your Information
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Your information shall
not link directly or indirectly to or include descriptions of items, goods or services
that:
- are prohibited
under the User Agreement or any other applicable law for the time being in force
including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic
Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860
- are identical
to other items you have up for listing but are priced lower than your item's price,
the reserve price of the item or minimum bid amount;
- are concurrently
listed for rent on a web site other than the Site; or
- You do not have
a right to link to or include.
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