Terms of Use

Introduction.

Welcome to www.quikr.com ("Quikr / Site"). These are the terms and conditions governing your use of the Site ("herein after referred to as Acceptable Use Policy "AUP"). By accessing Quikr either through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that Quikr works for everyone. This AUP is effective from the time you log in to Quikr. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

1. Using Quikr.

You agree and understand that www.quikr.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services. You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our Safety tips before doing any activity on our site.

While making use of Quikr classifieds and other services such as the discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Listing Policy.) (Listing Policy) The listing policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:

a. " Your Information" is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.

b. You agree that your listing, posting and / or Information :
• shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
• shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for • shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
• shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;
• shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
• shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;
• shall not distribute viruses or any other technologies that may harm Quikr or the interests or property of Quikr users or impose an unreasonable load on the infrastructure or interfere with the proper working of Quikr;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• shall not be placed in a wrong category or in an incorrect area of the site;
• shall not be placed in any other Quikr site except on the site that relates to the city in which you are located;
• shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Quikr's Listing Policy

c. You agree that your listing, posting and / or Information : if you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your Quikr account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.


2. Eligibility

Use of www.quikr.com,, either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Quikr, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

3. Abuse of Quikr

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on this link

4. Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

5. Content

The Site contains content which includes Your Information, Quikr's information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Quikr's copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here .

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.

6. Liability

You agree not to hold www.quikr.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in sec 3 above.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

7. Personal Information

By using Quikr, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Quikr India Private Limited. The data is stored and controlled on servers located in Mumbai, India as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through support@quikr.com. You may send questions about this policy to privacy@quikr.com.

8. General

We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect either at the time you place your next posting, listing or information on the Site or after a period of 30 days from the date of the update, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

9. Third Party Content and Services

Quikr may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Quikr makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

10. Indemnity

The User should agree to indemnify and hold Quikr, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

11. Governing Law & Jurisdiction

This AUP and the Listing Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.


Listing Policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

1. Prohibited Items Policy.

a. We specifically prohibit any listing or posting of classifieds or information in relation to the following items:

1. Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any 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 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.

2. Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts

3. Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.

4. Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group

5. Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a persons mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults

6. Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.

7. Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion

8. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")

9. Information or items that are defamatory, libelous, threatening or abusive in nature

10. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.

11. Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to under take).

12. Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purports' to breach any persons right to privacy.

13. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.

14. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.

15. Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.

16. Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.

17. Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)

18. Lottery Tickets, Sweepstakes Entries and Slot Machines

19. Items in violation of the Food Adulteration Act, 1954

20. Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002

21. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.

22. "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.

23. Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users)

24. Inappropriate, Wrong Category (e.g dining table listed as office furniture).

25. Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)

26. International Listings.

b. Without prejudice to the generality of the above, Quikr does not permit posting or listing of classifieds in relation to the following:

1. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.

2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)

c. Your listing, information, Advertisement;

1. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party.

2. Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

3. Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.

2. In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and comply with the following Policies while listing of items:

1. Restricted Item Policy:In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services.

2. The listing for sales of the following items is permitted:

a. Cats and Dogs unless exotic.

b. Aquarium or pond fish, snails or similar creatures.

c. Live insects, crickets and worms used as bait or feeder food for pets.

3. Duplicate Ad listings are not allowed. Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.

4. Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended for use in sexual activity would not be permitted. (An example of such classifieds relating to an item not normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.

Consequences of Breach of Listing Policy

Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions
1. Suspension or termination of membership.
2. Permanent blocking of access to the site.
3. Reporting to Law Enforcement or Appropriate Authorities.


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