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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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These Terms of Use include and incorporate by reference, the Privacy Policy (as amended and/or supplemented from time to time, the “Terms”), and constitute a legally binding document between you and us. These Terms lay out the terms, conditions and rules which shall be applicable to your present and future access and use of the Platform, and availing/ applying for/ use of Services. By installing, downloading, accessing, using or transacting on the Platform or using its Services, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use the Platform.
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This Platform operates as a Buyer Network Participant within the ONDC framework, and is accordingly governed in accordance with the rules and regulations of the ONDC Network as amended from time to time, including the ONDC Policy available at [ONDC Network Policy]. The Platform allows persons who access or use the Platform and Services, or register on the Platform or take any action on the Platform (“you”, “your” or “User”), to browse and select products from various listings made available by sellers (“Sellers”).
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The Platform, acts as a facilitator to help Users discover products, services and discounts, provides recommendations based on User preferences, enables placing orders for products, facilitates payments, enables order flow management and tracking, provides customer care and support, and facilitates registration and redressal Users’ Feedback (“Services”).
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Your use of the Platform and Services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with Hippo Innovations and these terms and conditions including the policies constitute Your binding obligations, with us.
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ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Platform Policies as amended from time to time.
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Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall prevail, to the extent of such conflict, for the purposes of access and/or usage of the Platform.
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If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with any access to the Platform.
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Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
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You agree that Platform shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Platform.
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You must maintain confidentiality of the account information and for all the activities that occur under your account. You must not share your login details, i.e, username and password of your account with any other person, else it would be considered breach of this Terms of Use.
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The Platform and Services are to be used only for their intended purpose in a bona fide manner, and are not to be misused in any manner, including for undertaking fraudulent transactions, impersonation or any such illegal activity.
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You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the Products, Platform or Services. The Platform reserves the absolute right and discretion to remove any feedbacks, comments, testimonials and reviews provided by you on the Platform for any of the Products or Services.
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You will not falsely represent yourself as a consumer and post reviews misrepresenting the quality or the features of Products on the Platform.
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You agree to: (1) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify the Platform of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password or we may suspend your account without any liability to the Platform, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
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Any information, photo, image, chat, communication, software, text, sounds, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us by you, through the Platform or otherwise (“User Content”) is entirely your responsibility and the Platform will not be held responsible, in any manner whatsoever, in connection to the User Content.
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Provide true, accurate, current, complete information, and to keep all such information up to date.
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Not directly or indirectly solicit the account information of other Users or access or try to access any User Account that does not belong to you;
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Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform and Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
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Not extract data from the Platform;
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Not impose an unreasonable or disproportionately large load on the infrastructure of the Platform;
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Not attempt to circumvent the regular operation of the Platform or reduce the fees or consideration that we may derive from the Platform by any means, including creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
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Not collect User information through automated means, including but not limited to bots, robots, spiders and scrapers without our prior written permission;
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Not reproduce, duplicate, copy, sell, visit, distribute, use or otherwise exploit the Platform for any commercial purposes, except as in accordance with the Terms;
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Not facilitate or encourage any violation of these Terms of Use or the Terms, as amended from time to time;
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Not make any statements or comments on the Platform which violates the legal right of others;
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Not engage in spamming or phishing activities;
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Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense or give rise to civil liability) or encourage or abet any unlawful activities or use the Platform and/or Services for cyber terrorism;
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Not attempt to copy, reproduce, exploit or expropriate our/the Platform’s various proprietary directories, databases and product listings;
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Not undertake any actions to undermine the integrity of the data, systems or networks used by us in the Platform and/or any User of the Platform or gain unauthorized access to such data, systems or networks;
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Not to engage in any activities that would otherwise create any liability for us or our affiliates.
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Not host, display, upload, modify, publish, transmit, update or share any User Content which:
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Belongs to another person and/or to which You do not have any right;
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Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing, including but not limited to “indecent representation of women”, within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, as amended from time to time, and other applicable laws;
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Is false, inaccurate or misleading in any way;
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Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
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Harasses or advocates harassment of another person;
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Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
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Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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Infringes upon, promotes, or violates any, our or any third party’s intellectual property and proprietary rights under any patent, trademark, copyright and/or trade secret (see “Intellectual Property Right Complaints” below for instructions on how to lodge a complaint about uploaded copyrighted material);
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Infringes upon or violates any third party’s rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
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Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Provides instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses;
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Contains video, photographs, or images of another person;
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Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to User Accounts, blogs, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
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Interferes with another User’s use and enjoyment of the Platform and/or Services;
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Refers to any platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other platform, which contains content that is prohibited under or violates the letter or spirit of these Terms of Use;
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Harms minors in any way;
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Violates any law for the time being in force;
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Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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Impersonates another person;
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Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
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Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
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Whether, directly or indirectly, offers, or attempts to offer, trades or attempts to trade in any item, 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; or
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Creates any liability for us or causes us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
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In furtherance of the above, you understand, acknowledge and agree that you have a responsibility inform us immediately if you have any reason to believe that (i) the password to your User Account has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner, or (ii) any content on the Platform is violating the Terms of Use.
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All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Platform does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller and not by the Platform.
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Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
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The Platform does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Platform does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
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The Platform is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The Platform cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. The Platform shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
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The Platform does not make any representation or warranty as to the item-specifics (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 Platform and use your best judgment in that behalf.
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The Platform does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
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At no time shall the Platform hold any right, title or interest over the products nor shall the Platform have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
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The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. The Platform is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
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At no time shall the Platform shall hold any right, title or interest over the products nor shall the Platform have any obligations or liabilities in respect of such contract.
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The Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
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Upon Your purchase of product(s) eligible for business purchases, you may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by you ("TaxInvoice") shall be issued to you by the Seller(s) selling such products.
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Belongs to another person and to which You do not have any right to;
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Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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Is misleading in any way;
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Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
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Harasses or advocates harassment of another person;
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Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
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Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
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Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
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Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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Contains video, photographs, or images of another person (with a minor or an adult).
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Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
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Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, the Platform’s prior written consent means a communication coming from the Platform’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
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Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
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Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
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Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
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Harm minors in any way;
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Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
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Violates any law for the time being in force;
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Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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Impersonate another person;
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Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
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Shall not be false, inaccurate or misleading;
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Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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.
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Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
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You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
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You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
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You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
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You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Platform or Sellers on platform or otherwise tarnish or dilute any Platform’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Platform’s systems or networks, or any systems or networks connected to Platform.
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You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
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You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
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You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Platform and / or others.
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You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
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Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
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From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
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You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.