You agree and understand that www.flexiposter.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 Flexiposter 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:
- " Your Information"is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.
- You agree that your listing, posting and / or Information :
- 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 Flexiposter or the interests or property of Flexiposter users or impose an unreasonable load on the infrastructure or interfere with the proper working of Flexiposter.
- 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 Flexiposter 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 Flexiposter 'sListing Policy.
- You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.
- You agree that your listing, posting and / or Information:if you use the Site 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 Flexiposter 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.
Use of www.flexiposter.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 Flexiposter, 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 Flexiposter
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 email@example.com 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 firstname.lastname@example.org
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.
The Site contains content which includes Your Information, Flexiposter's information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Flexiposter '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 email@example.com.
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.
You agree not to hold www.flexiposter.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, and 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.
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
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.
The User should agree to indemnify and hold Flexiposter, 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.
12.Make an Offer/Buy Now Terms
Flexiposter Assurance for Buyers
- You should "Make an Offer" of the amount which you wish to pay for the product.
- Once your offer is accepted, you can make the payment online.
- The listed item will be delivered to you by our logistics partner, and only after the delivery, payment will be released to seller.
The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment has been made, we will schedule and complete the delivery. If you wish to negotiate, please choose 'Make an Offer' purchase option.
In order to pass on the cashback benefits to the maximum number of customers, we are limiting cashback to 2 transactions per person (Buyer or Seller) per month. Cashback will be based on final agreed price of the product between buyer and seller. Buyers will have cashback eligibility for full online payment orders only, for partial payment orders, buyer will receive no net cashback
Buyers and Sellers would be charged convenience fee based on weight classification of the concerned product.
If applicable the Net Cashback Amount will be credited in the PayUMoney wallet of the Buyer/Seller
- We only provide delivery and not installation / dismantling of the item.
- At the time of delivery, we encourage buyers to open the packaging and validate the condition of the item before accepting the delivery. Once accepted, the item can't be returned or replaced.
- Open box delivery is not applicable for orders from different city.
- Maximum of 3 delivery attempts will be made by us, post which the order will be auto cancelled. Also rescheduling on request of buyer/seller can be done for total of 5 days at maximum.
- Quikr reserves the right to refuse facilitating the transaction.
- If any item is picked from seller and buyer refuses to accept it, the item will be returned back to the seller.
- Pick-up and Delivery will be facilitated by our logistics partner.
- Intercity pick-up and delivery is available only for lightweight items.
- Flexiposter Storage and Shipment Service:
- Storage facility if opted, will be provided through our logistic partner for a period of 2 weeks from the date of collection of item from the seller.
- Logistics partner will be reminding the Seller at the end of 1 week to lower down the cost of product listed at the site.
- If the product listed on the website is not sold within 2 weeks time, same will be returned back to the Seller at the same address from where it was picked.
- Flexiposter representative might take images of Seller's product during pickup. The same will depict the condition of product during pickup and might be used to update the Sellers Ad later on.
- The storage facility is available only for individuals and not for dealers.
- If seller opts for ‘Sell for me ’, the following terms apply along with the above mentioned points:
Flexiposter will post ad on behalf of the seller based on information and images collected at seller’s place.
• The item will be made available for display to the potential buyers.
14.Cost per reply terms:
- You have to declare the amount you are willing to pay per reply or per view (PPR or PPV) and total number of expected replies. You must pre-pay the full amount for this classified ad to go live. If you are not satisfied with the service, you can always withdraw any unused balance to your PayUMoney wallet. Once the amount is withdrawn, the ad is either deleted or downgraded to a free ad.
- Only the first chat initiated by a user is considered as a reply. We actively remove spam communication from our system and you will not be charged for any spam messages.
- Any views generated on your View Ad Page from the premium ad are considered as a view. Views sent from any other source are not charged.
- Any unused amount can be withdrawn into your PayUMoney account as per request.
15.Flexiposter X Exchange:
- You agree that non working or defective phone in exchange is not acceptable. Flexiposter shall have the sole right to make a decision with respect to acceptance/ rejection of an old phone in exchange which shall be final and binding.
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:
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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
- "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")
- Information or items that are defamatory, libelous, threatening or abusive in nature
- Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
- 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).
- 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 purport's to breach any persons right to privacy.
- 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.
- 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.
- Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
- Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
- Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
- Lottery Tickets, Sweepstakes Entries and Slot Machines
- Items in violation of the Food Adulteration Act, 1954
- 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
- 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.
- "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.
- 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)
- Inappropriate, Wrong Category (e.g dining table listed as office furniture).
- Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
- International Listings.
B.Without prejudice to the generality of the above, Flexiposter does not permit posting or listing of classifieds in relation to the following:
- "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
- 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
- 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.
- 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.
- 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:
- 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.
- The listing for sales of the following items is permitted:
- Cats and Dogs unless exotic.
- Aquarium or pond fish, snails or similar creatures.
- Live insects, crickets and worms used as bait or feeder food for pets.
- 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.
- 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.
3.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
- Suspension or termination of membership.
- Permanent blocking of access to the site.
- Reporting to Law Enforcement or Appropriate Authorities.
Collection. Information posted on Flexiposter is obviously publicly available. We collect and store the following personal information:
- email address, physical contact information, and (depending on the service used) sometimes financial information
- computer sign-on data, statistics on page views, traffic to and from Flexiposter and Ad data (all through cookies – you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site)
- Other apps installed on device
- IMEI number
- Other information, including users IP address and standard web log information.
Use. We use users' personal information to:
- provide our services
- resolve disputes, collect fees, and troubleshoot problems
- encourage safe trading and enforce our policies
- customize users' experience, measure interest in our services, and inform users about services and updates
- communicate marketing and promotional offers to you
- Do other things for users as described when we collect the information.
- All information contained by Flexiposter is treated as strictly confidential and Flexiposter does not and will not disclose or share such confidential information to / with any external organization.
- The users’ privacy is very important to us. We do not and shall not at any point in time, either sell or rent users’ personal information to third parties without users’ explicit consent.
- We may be required from time to time to disclose users’ personal information to Governmental or law enforcing agencies or our regulators, but we will only do so under proper authority.
- Flexiposter also reserves the right to make use of the personal information in any investigation or judicial process relating to fraud on account of such transactions during the period Flexiposter retains such information.
- We may also disclose personal information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or protects anyone’s rights, property or safety.
- We may also share personal information with:
- Corporate affiliates who help detect or prevent potentially illegal acts and provide joint services (Our corporate affiliates will market oonly to users who ask them to).
- Service providers who help with our business operations.
- Google's use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
- Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.
Using Information from Flexiposter. You may use personal information gathered from Flexiposter only to follow up with another user about a specific posting, not to send spam/ phising or collect personal information from someone who hasn't agreed to that.
Access, Modification, and Deletion.You can see, modify or erase your personal information by reviewing your posting or account status page. Contact customer support at firstname.lastname@example.org to review any personal information we store that is not available on Flexiposter. There may be a charge associated with such requests but these will not exceed the amounts permitted by law. We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent bad guys from coming back.
Data Security. We use a number of mechanisms (encryption, passwords, physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
General. We may update, upgrade, modify (partially &/or fully) this policy at any time, with updates taking effect when you next post or after 30 days, 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 policy will continue to apply. Send questions about this policy to email@example.com .