- This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The terms " ELister " used in this document refers to elister.in along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
- The term " Platform " used in this document refers to the website (being elister.in), mobile apps and / or any other services offered / to be offered by ELister.
- All intellectual property which is in relation to this Platform is owned by and vests in ELister.
- Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and ELister fand governs your use of the Platform's Service, superseding any prior agreements between you and ELister.
- This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
- This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform
ELister is a business Service Provider that promotes information and exchanges among its Users.
SCOPE OF SERVICE
This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with ELister and are not a person barred, from availing the services offered by ELister under the laws as applicable in India.
ELister requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
- You agree to provide true, accurate, current and complete information.
- If, after investigation, ELister has reasonable grounds to suspect that any member's information is untrue, inaccurate, not current or incomplete, ELister may suspend or terminate that member's account and prohibit any and all current or future use of the ELister sites (or any portion thereof) by that member other than as expressly provided herein.
- Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. ELister cannot and will not be liable for any loss or damage arising from a member's failure to comply with this section, including any loss or damage arising from any member's failure to: (1) immediately notify ELister of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
- You hereby unconditionally authorize / approve ELister to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.
Terms of Service
These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after January 20, 2020, and will become effective January 31, 2020 for users with pre-existing Accounts.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST ELister BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: elister.in .
Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
- Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to ELister and its subsidiaries.
- Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “ELister Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than ELister or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, ELister Content, and Third Party Content.
- Sites and Accounts. “Consumer Site” means ELister’s consumer website (elister.in and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use ELister for Business Owners website (elister.in and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.
- CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with ELister, and any inconsistencies among the different versions will be resolved in favor of the
- USING THE SERVICE
- Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of ELister or if we have previously banned you from the Service or closed your Account.
- Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without ELister’s prior approval.
- Communications from ELister and Others. By accessing or using the Service, you consent to receive communications from other users and ELister through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote ELister or businesses listed on ELister, and may be initiated by ELister, businesses listed on ELister, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with ELister or made through the Service may be monitored and recorded for quality purposes.
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted to ELister, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ELister.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ELister and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between you and ELister, you own Your Content. We own the ELister Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the ELister Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the ELister Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the ELister Content are retained by us.
- Advertising. ELister and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Other. User Content (including any that may have been created by users employed or contracted by ELister) does not necessarily reflect the opinion of ELister. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with ELister’s Verified License program, ELister does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by ELister will have a “Verified License” badge displayed on their ELister business page.
- BOOKING AND TRANSACTING
- Generally. You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by ELister’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
- Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that ELister may facilitate any such payments and charges on behalf of the transacting local business.
- Coupons. Any coupons that ELister might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
- REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- You have read and understood our Content Guidelines;
- Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by ELister;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by ELister (for example, as described at elister.in/robots.txt);
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ELister’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
- ADDITIONAL POLICIES AND TERMS
- Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
- Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
- SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against ELister and its users any claims and assertions of any moral rights contained in such Feedback.
- THIRD PARTY CONTENT AND SERVICES
- The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
You agree to indemnify, defend, and hold harmless ELister, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “ELister Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. ELister reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ELister. ELister will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ELister ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE ELister ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE ELister ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE ELister ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
- THE ELister ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE ELister ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- THE ELister ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ELister ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) RUPEES 100.
- THE ELister ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ELister ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY ELister BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
- ARBITRATION, DISPUTES, AND CHOICE OF LAW
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by ELister. The place of arbitration shall be in Bhopal, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Bhopal shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with ELister.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
- You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing ELister with a notice of termination here.
- We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.
- GENERAL TERMS
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on ELister’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by ELister.
- If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with ELister’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and ELister as a result of these Terms or your use of the Service.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content'
Private communication, including email correspondence, is not regulated by this Platform. ELister encourages its Users to be professional, courteous and respectful when communicating by email. However, ELister will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
- Misuse of ELister System - This Platform allows Users to facilitate transactions through the ELister system, but will investigate any misuse of this service.
- Spoof (Fake) email - this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.
- Spam (Unsolicited Commercial email) - This Platform's spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
- Offers to buy or sell outside of this Platform - This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
- This Platform's policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.
Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Use of any physical force against the employees of ELister
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of ELister to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from ELister on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with ELister. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
Your use of this Platform is at your own risk. This Platform is provided by ELister, on an "as is" and "as available" basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by ELister. Further:
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by ELister. Further:
This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, Content, materials, or products on the website, including that:
- This Platform and its services will meet your requirements
- This Platform will be uninterrupted, timely, and secure or error free
- The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
- Errors in the software will be corrected within reasonable time.
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ELister ENTITIES TO YOU.
LIMITATION OF LIABILITY
In no event shall ELister, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- The use or the inability to use our services or access Content;
- The cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform;
- The unauthorised access to or alterations of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any other matter relating to the service, even if Sulekha, has been advised of the possibility of damages.
VOID WHERE PROHIBITED
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. ELister reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, ELister makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.