Terms of Use
 

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.

IN THE EVENT OF NON-COMPLIANCE WITH THESE TERMS OF USE, PAPPOO ADVERTISING MEDIA PRIVATE LIMITED (PAMPL) HAS THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS OR USAGE RIGHTS TO THE PLATFORM IMMEDIATELY OR REMOVE NON-COMPLIANT INFORMATION OR BOTH AS THE CASE MAY BE, IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 AND AMENDMENTS THEREOF. BY USING THE WWW.ASKPAPPU.COM PLATFORM AND ACCESSING OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THE TERMS STATED UNDER TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM AND THE SERVICES.

• • PAPPOO ADVERTISING MEDIA PRIVATE LIMITED, a company incorporated in India under the Companies Act, 2013, having its registered office at H No. A44, Gurunthi Road, Jhadankuli, Techno Park, Berhampur, Ganjam (District), Odisha is licensee and operator of the Platform, which provides a collection of online resources which includes classified advertisements, listings and related support on the listings through the select entities on the website www.askpappoo.com (“Service”).
• • The Platform and the Service are provided to you subject to these PAMPL Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, sharing information regarding their listings and/or advertising of the products and services including but not limited to electronics and appliances, commercial vehicles and spares, books and hobbies, property, jobs, cattle feed, tools on the platform (“Listed Items”) to obtain a price estimate, posting comments or any content or responding to any advertisements or content on the Platform, as applicable. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any and all applicable posted guidelines for such Service, which may change or be updated from time to time at PAMPL’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with PAMPL or the Service in any way, your only choice is to immediately discontinue the use of PAMPL. These Terms may be updated by PAMPL at any time at its sole discretion. PAMPL may send you notices of changes to the Platform or the Terms pursuant to Section “I” herein. PAMPL may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with PAMPL. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

• • PAMPL operates the next generation of online platforms. We act merely as an intermediary to allow our users who comply with these Terms to offer, sell, and buy Listed Items . Although you may be able to conduct payment and other transactions through the Platform using third-party vendors, PAMPL is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that PAMPL is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
• • PAMPL partners with select partners/ entities to offer additional services in respect of your sale or purchase of Listed Items. Such select partners may offer additional services to enable you to sell or buy your listed items and to avail additional facilities associated to the buying and selling of your listed items in a hassle-free manner. You acknowledge that PAMPL undertakes such partnerships solely to enhance your experience on the Platform and provide speedy solutions. Once you choose to accept the services of such a select partner, you acknowledge that you transition outside the scope of the Platform and the Services, and PAMPL does not exercise any control in any form and manner of the terms of provision of such services by select partners/ entities. In such cases, you shall evaluate the terms and conditions of such other  partner / entity. PAMPL shall not be responsible for any service(s) availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. You may opt-out of such additional services in accordance with our Privacy Policy and the policies of such third parties with proper due diligence and care at your own sole risk and expenses.
• • PAMPL provides a marketplace for listings which enables users (“Listers”) to publish, advertise and list the Listed Items on www.askpappoo.com platform. PAMPL does not own or manage the listings and is not a party to any interactions and contracts between Listers and potential buyers. Further, any kind of listings on the platform, PAMPL clarifies that it is not a developer, broker or agent and is not acting as an agent in any capacity for any user, advertiser, Lister and/or buyer etc. If you are entering this platform in any capacity, you acknowledge that PAMPL exercises no control over listings, including but not limited to any information provided therein. PAMPL however, reserves the sole right to monitor and moderate content at its own discretion for platform operation, fraud prevention, compliance, and quality assurance and reserve right to take any suitable action to ensure the same. If you are a Lister or an advertiser you further acknowledge that PAMPL has the right, but does not have any obligation, to monitor the use of your listing and verify information provided by you.
• • You understand that PAMPL does not control, and is not responsible for ads, directory information, business listings/information, messages between users, communications with the select partners, including without limitation e-mails sent from outside PAMPL’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with your listing including but not limited to the claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities , that you may not rely on said Content, and that under no circumstances will PAMPL be liable in any way for the Content or for any claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that PAMPL cannot and does not pre-screen or approve any Content, but that PAMPL has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to PAMPL’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are related or unrelated to PAMPL. If you are directed to such Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and their policies. PAMPL makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your usage  to any other websites is completely at your own risk and PAMPL being an intermediary disclaims all liability thereto.
• • You being a Lister and/or advertiser acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, subject clause III mentioned below you have the necessary and valid licenses, approvals, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize PAMPL to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to PAMPL an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content including your personal data in connection with the Platform and PAMPL's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by PAMPL in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to PAMPL all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, PAMPL may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. PAMPL makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user and PAMPL of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or PAMPL remove or delete such Content from the Platform. Further, you grant PAMPL the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
• • PAMPL does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and PAMPL expressly disclaims any and all liability in connection with User Content. PAMPL does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and PAMPL may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. PAMPL reserves the right to remove any Content without prior notice. PAMPL may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, PAMPL reserves the right to decide whether any Content is appropriate and complies with these Terms.

A. SUBMISSION GUIDELINES FOR LISTINGS/ADVERTISEMENTS/ PUBLISHING

i.   Lister agrees not to submit any descriptions, photographs, financial, contact or other information contained in any Listed Item and/or any advertisement of an already Listed Item and/or additional product, service, property on PAMPL’s Platform (Advertisement)  unless the Lister submitting such a Listed Item and/or Advertisement has acquired and received all necessary rights and authorizations from the owner of such Listed Item and/or Advertisement or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to sell, lease, rent, publish/ list and advertise the said Listed Item and/or Advertisement on PAMPL’s website and app. Similarly, PAMPL does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of advertisement space by PAMPL & it has not carried out any independent verification on the authenticity of such images/ banners/ listings. Some listings may contain third party video content provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by PAMPL or the providers of the video content as to its accuracy or completeness.

ii. PAMPL may, at its sole discretion but without any obligation, search  and remove such Listed Items posted on its website by the Listers  that are alleged to have been submitted in violation of the above provision. In addition, PAMPL may require additional evidence of compliance with this provision from Listers who are alleged to have submitted listings in violation of these terms and conditions. PAMPL will, in its sole discretion, terminate the accounts of, and refuse Services to, any Lister who repeatedly or intentionally violates these terms and conditions. Additionally, the Lister agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the PAMPL website. PAMPL shall have the sole authority to choose the manner in which any listing will be searchable, displayed, accessed, downloaded, copied, and otherwise used on PAMPL's website and app and it shall have the right to modify the listing in the exercise of its rights under these terms and conditions.

B. GUIDELINES FOR POTENTIAL BUYERS AND LISTERS

i. At PAMPL, we prioritize transparency and reliability in our listings. We advise Listers, users/potential buyers to conduct thorough checks and establish the authenticity of any product, property or service before proceeding with any transaction. Please adhere to the following guidelines: (i) Independent Verification: Users/Potential buyers should conduct comprehensive checks to verify the authenticity of the Listing Item including their suitability for buying or renting. This verification should be done at the user/potential buyer's own expense and in a manner deemed appropriate. (ii) PAMPL's Role: As an online marketplace and merely being an intermediary PAMPL does not validate the authenticity of content provided in its services. Users/potential buyers should be aware that content is uploaded by Lister and Advertisers, and PAMPL does not filter or verify the same. However, we take prompt remedial measures upon receiving complaints. (iii) Ownership Verification: Users/Potential buyers are advised to conduct a comprehensive check of ownership to verify owners' or landlords' credentials. (iv) Personal Inspection: It is strongly recommended that users/potential buyers personally visit project sites or Listing Items to ensure the authenticity and existence of the Listed Item and/or Advertisement. (v) Beware of False Documents: As and when applicable the Users/Potential buyers should exercise caution and conduct diligence regarding the required and valid documentation from the Lister and/or Advertiser, (vi) Compliance with Regulations: As and when applicable the Users/Potential buyers should independently ensure whether the Lister and/or Advertiser or the original Seller/ Developer is complying with the provisions of all applicable laws (vi) Please note that PAMPL serves as an intermediary platform and does not facilitate, negotiate, or assist in sales between Lister and/or Advertiser and potential buyers. While we rely on the information provided by Listers for displaying Listing Items on our platform, users/potential buyers are strongly encouraged to validate all information and review terms and conditions before making any decisions.

• • A category-wise non-exhaustive list of recommended guidelines and checks before buying or listing the Listed Items and/or Advertised Items :
• • Cars and Bikes: Prior to purchasing a car and/or bike listed on our platform, buyers are advised to check if the Lister/ seller has complied with all relevant provisions of the Motor Vehicles Act, 1988 including but not limited to Form 29, state NoC, if applicable. Buyers are advised to carry out a thorough inspection of the vehicle's documentation, including registration papers, insurance, and pollution under control (PUC) certificate. Additionally, buyers should verify the vehicle's compliance with emission norms, as per the Central Motor Vehicles Rules, 1989, and conduct a detailed physical examination of the car and/or bike’s condition. Additionally, buyers should verify the vehicle's roadworthiness and safety features in accordance with the standards outlined by the Bureau of Indian Standards (BIS). The Lister/ Seller is legally liable to get RC transferred on the name of end buyer and be present for the Part Peshi at respective RTO physically.  PAMPL being an intermediary is not liable to get the RC Transfer, be present for Party Peshi and resolve disputes between Lister and Potential Buyer in any form manner.
• • Properties: Prospective buyers of properties listed on our platform should conduct due diligence in accordance with the Real Estate (Regulation and Development) Act, 2016 (RERA), by verifying all relevant legal documents including but not limited to  ownership deeds, land titles, building approvals, and clearances from local authorities including but not limited to valid building sanctioned plan, completion certificate, occupation certificate, structural stability certificate, no encumbrance certificates,  Fire NoC  and other required documents as per applicable laws including but not limited to  zoning regulations under the respective state's town planning laws and ensure adherence to the guidelines specified by the National Building Code of India, 2016 and building bye laws of each state. Additionally, the Lister(s) hereby agrees to obtain and ensure renewals of all aforesaid permissions, approvals, certifications with respect to the project/land/apartment/plot/ building/ house listed or advertised on PAMPL platform. The Lister in addition shall furnish a brief background of such property in respect of title, ownership and possession, PAMPL may also require the Lister to support its claims with respect to the status of the property with such documents as may be specified by PAMPL from time to time. The Lister shall, as and when required, shall further substantiate its claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed.
• • Mobiles: Buyers considering the purchase of a mobile phone from our platform should thoroughly and physically inspect the device's specifications, condition, and functionality. It is also recommended that buyers verify the authenticity of the mobile phone's IMEI number as per the guidelines issued by the Department of Telecommunications (DoT). The Lister should support the potential buyers in such diligence.
• • Jobs: Job seekers engaging with listings on our platform should exercise caution by verifying the authenticity of job offers, including the employer's registration status and compliance with Indian labour laws. Additionally, job seekers should ensure transparency in recruitment processes and seek clarification on any discrepancies or ambiguities in the job listing before proceeding with applications or interviews. The Lister should support the potential buyers in such diligence by producing such documents to the potential buyer/ user of the Platform.
• • Electronics and Appliances: Prior to purchasing electronic devices or appliances listed on our platform, buyers are advised to inspect the product's specifications, condition, and warranty terms. Buyers are recommended to ensure the product’s adherence to the safety and quality standards prescribed by the Bureau of Indian Standards (BIS) and verify the authenticity of the product's certification marks as per the guidelines issued by the Ministry of Consumer Affairs. The Lister should support the potential buyers in such diligence.
• • Commercial Vehicles & Spares: Prospective buyers of commercial vehicles or spare parts listed on our platform should ensure adherence to the Motor Vehicles Act, 1988, and verify the authenticity of the vehicle's registration documents, fitness certificate, and permit as mandated by the Central Motor Vehicles Rules, 1989. Additionally, buyers should ensure compliance with the safety and performance standards specified by the Automotive Industry Standards (AIS) and seek professional guidance to assess the quality and compatibility of spare parts with the intended vehicle model. The Lister should support the potential buyers in such diligence.
• • Furniture: Buyers considering the purchase of furniture from our platform are advised to inspect the product's design, dimensions, and materials physically. It is recommended to the buyers to verify the authenticity of wood-based furniture products by ensuring compliance with the Timber and Timber Products (Quality Control) Order, 2020, and seek clarification on the product's durability, maintenance, and warranty terms before finalizing the purchase. The Lister should support the potential buyers in such diligence.
• • Fashion: Prior to purchasing fashion items such as clothing, accessories, or footwear listed on our platform, buyers are advised to review the product's description, size, and material composition. It is recommended to verify the authenticity of branded fashion products by ensuring compliance with the guidelines issued by the Department for Promotion of Industry and Internal Trade (DPIIT) and seek clarification on the product's origin, quality, and return policies before completing the purchase. The Lister should support the potential buyers in such diligence.
• • Books, Sports & Hobbies: Buyers interested in purchasing books, sports equipment, or hobby-related items from our platform should review the product's description, condition, and usability physically. Buyers are also cautioned to ensure the genuineness of the product and adherence to intellectual property rights regulations. Buyers are encouraged to seek clarification on the product's authenticity, edition, and return policies before making a purchase. The Lister should support the potential buyers in such diligence.
• • Pets’ food and accessories: Prospective listers engaging with listings on our platform should ensure adherence to the guidelines outlined in the FSSAI (Food Safety and Standards Authority of India) and ensure the quality of the feed in lines with the guidelines issued by FSSAI. Additionally, buyers should ensure the health condition of the pets should be considered by potential buyers by themselves prior purchasing the feed from the platform and seek clarification on the pet's feed type, age, vaccination history, and temperament before feeding the respective pet.
• • Miscellaneous listed items and advertisement: PAMPL hereby advise the potential buyers and potential lister and advertisers that the miscellaneous listing items which are not including in the list above on the present date should comply with the respective applicable laws and compliances whereas the potential buyers are advised to know and understand the general laws, compliances and diligence about such listed/ listing items on the Platform by itself.  Potential Buyers may also review the Lister’s/ service provider's credentials, experience, and customer reviews including statutory licenses that are needed to sell Listed Item and to seek clarification on pricing terms, the service scope, deliverables, and dispute resolution mechanisms before engaging with the service provider.

You agree not to post, email, message, host, display, upload, modify, publish, transmit, store, update or share any information on the Platform, or otherwise make available Content:

• • That violates any law, rule, direction, guideline or regulation, etc;
• that’s copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant PAMPL all of the license rights granted herein;
• • that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
• • that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
• • that harasses degrades intimidates, or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• • that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
• • that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• • that includes personal identifiable information about another person without that person's explicit consent;
• • that impersonates any person or entity, including, but not limited to, an PAMPL employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• • that is false, deceptive, misleading, deceitful, misinformation, or constitutes a "bait and switch" offer;
• • that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
• • that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to PAMPL users who have requested not to be contacted about other services, products or commercial interests;
• • that includes links to commercial services or Third Party Websites, except as specifically allowed by PAMPL;
• • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
• • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other computer resource;
• • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
• • that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
• • that belongs to another person and to which you do not have any right;
• • that is harmful to the child;
• • that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• • Additionally, you agree not to:
• • contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
• • make any libelous or defamatory comments or postings to or against anyone;
• • collect personal data about other users or entities for commercial or unlawful purposes;
• • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
• • post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
• • post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
• • attempt to gain unauthorized access to computer systems owned or controlled by PAMPL or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
• • use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of PAMPL's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
• • use any automated device or software that enables the submission of automatic postings on PAMPL without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
• • Any Content uploaded by you shall be subject to relevant laws and may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

We may charge a fee to post content in or utilize some areas of the Service (“Paid Services”). By posting Paid Services on the Website, you enter into an agreement with PAMPL, the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Platform and the Services. Currently, for Paid Services, we offer the features described in the following paragraphs. Only some of these features may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and PAMPL shall be governed by the laws of India.

A. Featured Ads: Featured Ads is a feature that enables the display of your advertisement in a designated area of the Website and / or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website. This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 30 days from the original date of posting the Content on the Website, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you at a discounted price as mentioned on the Website. PAMPL reserves the right to limit the extent and manner in which Featured Ads may be edited by you.

B. Boost to Top: Boost to Top is a feature that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted. Your ad will remain in that spot until new advertisements are posted in that category, at which point it will move down accordingly in the listing space. This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. Boost to Top can be availed for an already posted ad, however, it does not increase the validity of an ad which currently 30 days from the posting date.

C. Auto Boost: Auto Boost is a feature similar to our “Boost to Top” feature (refer above) that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted, just that Auto Boost does this automatically at defined intervals. PAMPL shall have the sole discretion to determine the frequency of such intervals for bumping of the advertisement that may differ across categories, usage, and geographical location. This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers – all on a continuing basis with the convenience of our systems boosting your advertisement on top, during its validity, at a defined periodicity. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. Auto Boost can be availed for an already posted ad, however, it does not increase the validity of an ad which currently is 30 days from the posting date.

D. Paid Ads: The paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 3 advertisements in a category in the last 30 days and the free limit is 3 advertisements per month for such a category, you will not be allowed to post a free advertisement after you have posted your third advertisement. All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits. You can either purchase a single Paid ad or can avail of bulk packages (“Paid ads package”) based on your requirement which shall be provided to you at a discounted price as mentioned on the Website.

The validity of Paid ads/Services:

• • Limited Paid ads package – In the Limited Paid ads package, you can post a limited number of ads during the validity of the package. Paid ads in this package shall each be valid for 30 days from the date of posting regardless of when it is posted by you during the life of the Limited Paid ads package.
• • Unlimited Paid ads package – In the Unlimited Paid ads package, you can post unlimited ads during the validity of the package. Regardless of when you post an advertisement during the life of the package, the advertisement will only remain valid during the validity of the package.
• • Payment for Paid Services: Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as PayU offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). PAMPL may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law. You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status. Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.
• • Refunds/Cancellation: If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account. The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.

As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that post Content to the Service on behalf of others. PAMPL prohibits the use of Posting Agents, except with express written permission or license from the original owner of the listed Items, failing which Lister (Posting Agent)  shall  solely be liable for any breach, infringement, claims, penalties, damages, etc., claimed by the original owner/ right holder of such Listed Item, PAMPL shall not held liable and shall not be party to such breach in any form and manner.
 
 

PAMPL grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) subject to conditions mentioned herein above, access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PAMPL or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by PAMPL, your use will be considered to be in violation of these Terms, unless PAMPL expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray PAMPL, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from PAMPL.
 

PAMPL is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.

If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to PAMPL together with a request to PAMPL to delete the relevant Content in good faith in the claims of infringement form available here.

In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform please refer to our PAMPL Counterfeit Policy as available here.
 

You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Section II(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are licensed to PAMPL, and are subject to copyright and other intellectual property rights under Indian law. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to PAMPL. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you on an ‘AS IS’ basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or licensees, as applicable. PAMPL reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws and, other laws currently in force in India. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and, other laws currently in force in India. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate, or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

You understand that when using the Platform, you will be exposed to Content from a variety of sources and that PAMPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PAMPL with respect thereto.
 

You agree to defend, indemnify and hold harmless PAMPL, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. (v) your negligence in obtaining the required onsents, approvals, permissions, and non-adherence to applicable laws, before or after listing the product and services on this platform. (vii) your non-adherence to the applicable laws pertaining to your products and services including but not limited to civil and criminal acts, wrongs, deeds etc.,(vi) your negligence in understanding the terms and conditions of third parties/ channel partners/ select entities/partners prior to availing their products or services offered by them to the users through our platform. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
 

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to PAMPL email addresses or through PAMPL computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time PAMPL may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the PAMPL email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of PAMPL computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
 

You acknowledge and agree that PAMPL shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, representatives of our select partners, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that PAMPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that PAMPL is under no obligation to get involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release PAMPL, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
 
 

You acknowledge and agree that PAMPL may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account, or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account, or email address, PAMPL reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that PAMPL has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that PAMPL reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that PAMPL shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that PAMPL, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if PAMPL believes that you have violated these Terms. Further, you agree that PAMPL shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
 
 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. PAMPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. PAMPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. PAMPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAMPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IT IS HEREBY CLARIFIED THAT PAMPL HAS NO CONTRACTUAL PRIVITY OR KNOWLEDGE OF LISTERS AND BUYERS IDENTITIES UNDER ITS PLATFORM. HENCE THE SELLER AND BUYER NEED TO EXERCISE CAUTION WHILE TRANSACTING AND ARE ADVISED TO VERIFY THE AUTHENTICITY OF LISTINGS AND COUNTERPARTIES. PAMPL WILL NOT BE LIABLE FOR ANY KIND OF LOSS/ DAMAGE TO THE BUYER OR SELLER, INCLUDING CONSEQUENTIAL AND INCIDENTAL LOSSES AND DAMAGES. NO GUARANTEE IS PROVIDED ON ANY MISREPRESENTATION. IF USERS EXCHANGE THEIR CONTACTS ON THE PLATFORM, AND IF ANYTHING HAPPENS TO ONE USER DUE TO THE ACT OF THE OTHER USER, SUCH AS THEFT OR CHEATING, PAMPL WILL NOT BE RESPONSIBLE FOR THE SAME. PAMPL DOES NOT PROMOTE CRIMINAL ACTIONS & FRAUD AND ANY USER INDULGING IN CRIMINAL ACTIVITIES IS DOING SO OUT OF THEIR OWN VOLITION. PAMPL DOES NOT GUARANTEE SPECIFIC RELIEF OR SPECIFIC PERFORMANCE OF ANY CONTRACT/TERMS THAT A BUYER AND SELLER ON ITS PLATFORM ENTER INTO. PAMPL OPERATES AS AN INTERMEDIARY PLATFORM, AS DEFINED UNDER SECTION 2(W) OF THE INFORMATION TECHNOLOGY ACT, 2000, AND IS GOVERNED BY THE PROVISIONS OF THE SAME.

LISTERS/POTENTIAL BUYERS ARE ENCOURAGED TO PROMPTLY REPORT ANY INACCURATE OR INAPPROPRIATE CONTENT. DESPITE DILIGENT EFFORTS TO ENSURE ACCURACY, COMPLETENESS, AND CURRENCY OF INFORMATION IN LISTINGS AND ADVERTISEMENTS, PAMPL CANNOT GUARANTEE THE SAME. USERS ARE STRONGLY ADVISED TO INDEPENDENTLY VERIFY ALL DETAILS. REPRESENTATIONS AND DEPICTIONS OF LISTED ITEMS, INCLUDING PICTURES AND VISUALS, WHICH MAY DIFFER FROM THE ACTUAL PRODUCT AND SERVICES. USERS SHOULD VERIFY INFORMATION FROM RELEVANT AUTHORITIES AND DEVELOPERS (IF APPLICABLE) BEFORE MAKING ANY DECISIONS ON PURCHASE OFLISTED ITEMS AND/OR ADVERTISED ITEMS. IN ADDITION TO THE FOREGOING, IT IS PERTINENT TO MENTION HERE THAT THE DEFINITIONS PROVIDED UNDER SECTION 2(47) AND SECTION 2(11) OF THE CONSUMER PROTECTION ACT, 2019 (“CPA”) ARE CRUCIAL IN DESCRIBING THE PARAMETERS OF UNFAIR TRADE PRACTICES AND DEFICIENCY IN SERVICES, RESPECTIVELY. "UNFAIR TRADE PRACTICES" AS DEFINED IN SECTION 2(47) OF THE CPA, ENCOMPASS THE ADOPTION OF UNFAIR METHODS OR DECEPTIVE TRADE PRACTICES FOR THE SALE, USE, OR SUPPLY OF ANY GOODS OR PROVISION OF ANY SERVICE, INCLUDING FALSE REPRESENTATION ABOUT THE STANDARDS, QUALITY, OR GRADE OF SERVICES AND REPRESENTATIONS PURPORTING TO BE WARRANTIES OR GUARANTEES OF SERVICES. "DEFICIENCY" IN SERVICES, AS PER SECTION 2(11) OF THE CPA, ENCOMPASSES ANY FAULT, IMPERFECTION, OR SHORTCOMING IN THE QUALITY, NATURE, AND MANNER OF PERFORMANCE REQUIRED BY LAW OR CONTRACT, INCLUDING ACTS OF NEGLIGENCE OR OMISSION RESULTING IN LOSS OR INJURY TO THE CONSUMER. AS AN INTERMEDIARY PLATFORM, PAMPL OPERATES SOLELY TO FACILITATE THE EXCHANGE OF INFORMATION BETWEEN USERS AND DOES NOT EXERCISE CONTROL OVER THE CONTENT OF LISTINGS OR THE QUALITY OF SERVICES OFFERED THEREIN. CONSEQUENTLY, PAMPL NEITHER PROMOTES NOR ENGAGES IN UNFAIR TRADE PRACTICES, NOR CAN IT BE HELD LIABLE FOR ANY DEFICIENCY IN SERVICES AS DEFINED UNDER THE CPA. USERS ARE HEREBY APPRISED THAT ANY GRIEVANCES REGARDING UNFAIR TRADE PRACTICES OR DEFICIENCY IN SERVICES PERTAINING TO LISTINGS SHOULD BE ADDRESSED DIRECTLY WITH THE OWNER OF THE RESPECTIVE LISTING. PAMPL ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR REPRESENTATIONS OF USERS. USERS ARE APPRAISED THAT FOR ANY PERCEIVED UNFAIR TRADE PRACTICES OR DEFICIENCIES IN SERVICES, THE USER CAN FILE CONSUMER COMPLAINTS DIRECTLY AGAINST THE OWNERS OF THE LISTINGS.
 

IN NO EVENT SHALL PAMPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF PAMPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PAMPL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PAMPL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY PAMPL. PAMPL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PAMPL without restriction. Any assignment or transfer by you shall be null and void.
 
 

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform with prior approval of their legal guardian. Minors are not allowed to use the Service. Minors under Indian law cannot enter into any contracts with third parties and hence, cannot transact using the Platform. If you are a minor under Indian law, please refrain from entering into any transaction through the Platform. If you are the legal guardian of a minor, you affirm and acknowledge that you cannot enter into any contract on behalf of a minor and neither can you bind a minor in a transaction. As a legal guardian of a minor, you acknowledge that you are contracting as an independent entity with a third party even if you are doing so at the insistence of a minor.

NOTICE TO MINORS: If you are a minor, please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian
 

These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and PAMPL and govern your use of the Services and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between you and PAMPL, whether written or oral. The Terms and the relationship between you and PAMPL shall be governed by the laws of India. Any claim you may have against PAMPL shall be resolved by mutual discussions or negotiations between you and PAMPL. If within fifteen (15) days after commencement of such discussions and negotiations, you and PAMPL fail to resolve the dispute, then such dispute shall be resolved through arbitration by a sole arbitrator mutually appointed by both you and PAMPL. The arbitration shall be as per the Arbitration and Conciliation act, 1996. The seat of arbitration shall be Berhampur, Odisha,, Haryana, India. The venue of arbitration shall be any mutually agreed location in Berhampur, Odisha,, Haryana, India. All proceedings shall be in English. Subject to arbitration, the courts at Berhampur, Odisha,, Haryana, India shall have exclusive jurisdiction. The failure of PAMPL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or inapplicable, you and PAMPL agree to persuade the court to give effect to the intention of both you and PAMPL as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall inure to the benefit of and be binding upon the successors and assigns of both you and PAMPL.
 

Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the PAMPL homepage at www.askpappoo.com. Any failure to act by PAMPL with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay PAMPL the following as liquidated damages (and not a penalty):

• • If PAMPL establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay PAMPL Rs 10,000/- (Rupees Ten Thousand Only) for (i) each message posted in excess of such limits or (ii) for each day on which you access PAMPL in excess of such limits, whichever is higher.
• • If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under the present terms of use below you agree to pay PAMPL Rs 10,000/- (Rupees Ten Thousand Only) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay PAMPL an additional Rs 10,000/- (Rupees Ten Thousand Only) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
• • If you use PAMPL e-mail addresses or computer systems to send unsolicited e-mail advertisements to PAMPL e-mail addresses or any other party, you agree to pay PAMPL Rs 2500/- (Rupees Two Thousand Five Hundred Only) for each such e-mail.
• • If you post messages in violation of these Terms, other than as described above, you agree to pay PAMPL Rs 10,000/- (Rupees Ten Thousand Only) for each such message. Notwithstanding the foregoing, PAMPL may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section and Terms of Use.
• • If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without PAMPL’s express written permission, you agree to pay PAMPL Rs 10,00,000/- (Rupees Ten Lakhs Only) for each day on which you engage in such conduct.
• • If none of the foregoing clauses (A) – (E) are applicable, you agree to pay PAMPL’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, PAMPL retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.

• • Data Protection under Indian Law: PAMPL is responsible for the collection, use, and retention of personal information as applicable under Indian law.
• • Type of Information Collected: When you visit the Platform, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Platform, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, your mobile equipment’s IMEI number, home country, zip code, and certain other information. In the event you log in via Facebook depending on your privacy settings, in addition to the above, we may collect your profile picture, list of friends, education, etc. (“Registration Information”). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with PAMPL. If you provide your phone number, it may be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our site which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Platform. We may also collect information you directly submit to us such as the make, model, trim, year, and other related specifications of the your product or service in order to ensure that the communication you receive is relevant to your purposes. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports, and new contact sellers. We use a third-party payment gateway for purchases, and other third-party companies to monitor site traffic, which may, in some instances, store your information without any prior intimation to you (see sub-Section D below). By using this Platform or the Service, you consent to the collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by PAMPL. By using this Platform, you consent to share your geolocation data in order to publish information/advertisements of advertisements offered by users close to your location and vice-versa.
• • Cookies: We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Platform. We cannot control or access cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Platform. For example, you may have difficulty logging in or using certain interactive features of the Platform, such as the PAMPL Forum or Comments feature.
• • Third Parties: We use third-party service providers to assist us in measuring purchases and sales on our Platform and generally improving our Platform and monitoring our users’ interests and activities. You hereby authorize PAMPL and/or third-party service providers engaged by PAMPL to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through a third-party service provider) the information in relation to your use of the Platform.  for the purpose of data analysis and for improving your experience on the Platform. In addition, the Platform may occasionally contain links to Third-Party Sites or provide you with information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third-party service providers may be actively provided to you by PAMPL in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by PAMPL to improve your experience in relation to the use of the Platform and the provision of such services shall be subject to such additional terms and conditions of PAMPL and/or third-party service providers. PAMPL may also offer for free or for a fee, deliverables produced by third-party service providers in furtherance of any services that you may have availed from these third-party service providers in connection with the advertisement posted on the Platform, without any obligation (monetary or otherwise) towards you. PAMPL shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties only. If you click on the links to Third-Party Websites, you leave the Platform We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third-Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Platform and Third-Party Websites in order to provide advertisements about goods and services of interest to you. On the Platform, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Platform’s users based on their visit to the Platform and Third-Party Websites. For more information on the DART Cookie see http://www.google.com/privacy_ads.html. You may opt-out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy at http://www.google.com/privacy_ads.html. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that it may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and Third-Party Websites pursuant to co-branding agreements, and that it is the sole responsibility of each of those search engines, Third-Party Websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that PAMPL is not liable for the information published in search results or by any Third-Party Website that carries PAMPL postings.
• • Select Partners: At PAMPL, we value your privacy and are committed to safeguarding your personal information. By using our Services, you acknowledge, authorize, consent and agree that we may share your data with select partners in the course of our business.. These select partners may use your information (being your contact information, details of the car to be sold or bought) to deliver services tailored to your preferences and interests. We only collaborate with other legally compliant entities that use your data solely for the purpose of providing you with relevant offers and services. We recommend you evaluate their Privacy Policy for further information on how your data would be used by such entities. You retain the option to opt out of receiving such tailored services by contacting our customer support team/Grievance Officer. By continuing to use our services, you consent to the sharing of your data with our select partners for the purpose of receiving such personalized communications. We continuously strive to ensure that your personal information is handled responsibly and in line with your expectations. Please review our full Privacy Policy for detailed information on how we collect, use, and protect your data.
• • How Your Information is Used: We may use the information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may also share your contact information and details of your product and services with our select partners to deliver relevant personalized services. We may block users located in certain countries from using the Platform. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
• • Protecting Your Personal Information: You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer ("SSL") technology is used for processing payment transactions with third-party service provider partners, such as PayU, PayPal, and DineroMail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Platform as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
• • Accessing and Modifying Personal Information and Communication Preferences: You may access, remove, review, and/or make changes to the personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Platform. If you register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials, and phone calls in relation to the Services. We may also send you any legally required notifications and certain notifications, including but not limited to, service-related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt-out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Platform, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt-out of receiving transactional communications from PAMPL related to your account.
• • Disclosures: On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of PAMPL, our users or the general public; or we are in notice of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.
• • Notification of Changes: We reserve the right to change these Terms from time to time, and at our sole discretion without any prior intimation to You. We may, at our sole discretion, send you a notice regarding material changes to these Terms, including the Privacy Policy or the Platform. You should make note of the "last updated date" at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.
• • Disputes: Any and all disputes regarding your privacy are subject to these Terms, the Privacy Policy and the laws of India.
• • How to Contact Us: If you have questions about this Privacy Policy, please contact PAMPL via the Contact Support form.

Company may render the said services through its various branches located across India and in consideration of such services, Company can also raise the invoice from the respective branch from which the support/service is rendered or where the relevant contract manager or relationship team is located.
 
 Following are the details of all currently available branches and the GSTIN: