Terms & Conditions
ACCEPTANCE – Ad Bazaar provide a collection of online resources which include classified advertisements on the website www.advertisementbazaar.com.
DESCRIPTION OF SERVICES AND CONTENT POLICY - Ad Bazaar is the next generation of online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such Ad Bazaar is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Ad Bazaar 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.
You understand that Ad Bazaar does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Ad Bazaar’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, the use of any Content, that you may not rely on said Content, and that under no circumstances will Ad Bazaar be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Ad Bazaar cannot and does not pre-screen or approve any Content, but that Ad Bazaar 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 Ad Bazaar’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 completely unrelated to Ad Bazaar. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Ad Bazaar makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other websites is completely at your own risk and Ad Bazaar disclaims all liability thereto.
You 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:
- you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, 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 Ad Bazaar to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms.
- 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 Ad Bazaar 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 in connection with the Platform and Ad Bazaar's (and its successors') 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 Ad Bazaar 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 Ad Bazaar 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, Ad Bazaar may offer the facility of automatically capturing of the "Description" of your ad based on the images uploaded by you. Ad Bazaar makes no warranty 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 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 Ad Bazaar remove or delete such Content from the Platform. Further, you grant Ad Bazaar the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- Ad Bazaar does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Ad Bazaar expressly disclaims any and all liability in connection with user Content. Ad Bazaar does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Ad Bazaar 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. Ad Bazaar reserves the right to remove any Content without prior notice. Ad Bazaar 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, Ad Bazaar reserves the right to decide whether any Content is appropriate and complies with these Terms.
INFORMATION DISSEMINATION – Ad Bazaar currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol), SMS, Telegram and What’s App. Ad Bazaar may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
ADVERTISER LISTING NORMS - This refers to the various kinds of Advertising listings that can be selected by the Advertiser. Ad Bazaar provides the following kinds of Advertising listings: (I) Featured Listing, (ii) Premium Listing, (iii) Package Listing, (iv) SMS Promotion, (v) Magazine Subscription. (vi) The Advertiser agrees that it shall list itself under the Listing of the Contract. (vii) Ad Bazaar reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords.
- Ad Bazaar for a consideration as determined and paid by the advertiser shall provide the advertising listing services under featured listing for period up to one year.
- Ad Bazaar for the purposes of disseminating information shall provide life time services under this package. The lifetime services shall be made available to advertiser provided advertiser's business listing is active on Ad Bazaar portals as per applicable terms of service & as per Ad Bazaar's business requirement. Ad Bazaar shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of advertisers to honor the payment for featured package. Ad Bazaar reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.
- Notwithstanding anything contained hereinabove, all other clauses specified under “Terms of Service for Advertiser” shall remain applicable in full force to the Advertiser who has obtained services under featured from Ad Bazaar.
LISTING FEES - The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by Ad Bazaar at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
PAYMENT MODES – Ad Bazaar allows the Advertiser to make the remaining payments for the Services through (I) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) PAYTM and UPI.
- It is hereby clarified that Ad Bazaar does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with Ad Bazaar, shall be at the sole risk of the Advertiser, without any recourse to Ad Bazaar.
- Payments can be made by the Advertiser either weekly, fortnightly, monthly, quarterly and half-yearly as directed by Ad Bazaar. Ad Bazaar shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However, Ad Bazaar will not be liable in any manner for any delay in activating the contract of an Advertiser.
- The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that period.
APPROX PAYMENT MODE - In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, Ad Bazaar may, in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of Ad Bazaar to suspend the Service and the Listing shall be without prejudice to Ad Bazaar’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice/intimation from Ad Bazaar.
ISSUANCE OF INVOICE - On receipt of the Service Fee and activation of the Listing thereafter, Ad Bazaar will issue an invoice to the Advertiser containing, interiliac, the following details:
- The Total Fee including the fees paid and payable as on the date of the invoice;
- The Listing allotted to the Advertiser; and
- Description of the products and services of the Advertiser.
- Invoice is valid subject to realization of payment.
PRIORITY OF INFORMATION ABOUT ADVERTISERS - For Ad Bazaar, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and Ad Bazaar will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Ad Bazaar, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent Ad Bazaar from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as Ad Bazaar may in its sole discretion determine. The Advertiser acknowledges that Ad Bazaar will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.
NO GUARANTEE OF BUSINESS - Ad Bazaar does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.
NO MARKETING – Ad Bazaar is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. Ad Bazaar’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does Ad Bazaar undertake to generate or guarantee Enquiries or business to the Advertiser.
ADVERTISER OBLIGATIONS - Advertiser represents and warrants that
- it is a bona fide business organization carrying on business in relation to the items disclosed to Ad Bazaar.
- it has the rights to use the trademarks;
- the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it.
- all information provided about itself (Advertiser) to Ad Bazaar, is and shall at all times be accurate, valid and complete.
- it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to Ad Bazaar) to Ad Bazaar.
- Advertiser shall not have right to terminate the contract up to 9 months from the date of activation of the contract. For the purpose of clarity, it is agreed between the parties that Ad Bazaar will not be liable to refund any ECS amount which has been deducted during the validity of the agreement.
Additional Covenants - The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that Ad Bazaar will not entertain such grievances post-expiry or termination of the Contract.
(ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep Ad Bazaar updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by Ad Bazaar to the Users or any other third party.
(iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User.
(iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, Aadhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc. as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by Ad Bazaar, at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services, non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Ad Bazaar. It is further acknowledged by an Advertiser that Ad Bazaar will be at no obligation to follow-up with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with Ad Bazaar.
(v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Ad Bazaar’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and Ad Bazaar at its discretion will initiate proceedings against advertiser before appropriate forum.
(vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Ad Bazaar’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user is motivated to not to use the Ad Bazaar website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in Ad Bazaar’s discretion restricts or inhibits any other user/customer from using or enjoying the Ad Bazaar services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity: - (a) solicit any users of Ad Bazaar by means of providing discounts, gift coupons etc. in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from Ad Bazaar the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Ad Bazaar.
DISCLAIMER AND LIMITATION OF LIABILITY - To the fullest extent permitted by law, Ad Bazaar disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Ad Bazaar disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither Ad Bazaar nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. Ad Bazaar’s aggregate liability to the Advertiser is limited to amounts paid to Ad Bazaar by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. Ad Bazaar is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by Ad Bazaar conforms to the Information made available by the Advertiser or its authorized representative.
ADDITIONAL DISCLAIMER -
- Advertiser confirms that it will be solely responsible and liable for all matters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that Ad Bazaar does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by Ad Bazaar.
- In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, Ad Bazaar reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, Ad Bazaar may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
- Advertiser also agrees that at no time shall Ad Bazaar vouch for or guarantee the performance of services or delivery of products by the Advertiser and Ad Bazaar will not be liable for any non-payment of amounts due to the Advertiser by any User.
- The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
- Ad Bazaar reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to Ad Bazaar, Ad Bazaar may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which Ad Bazaar may terminate the relationship between Advertiser and Ad Bazaar.
- Upon termination of the Contract, Ad Bazaar will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, Ad Bazaar shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
- In case of technical difficulties in continuing the contract, Ad Bazaar reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
- Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with Ad Bazaar, if any, (after deducting payments for the period/tenure for which Services have already been provided by Ad Bazaar) shall be retained by Ad Bazaar. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to Ad Bazaar.
MODIFICATIONS TO TERMS OF SERVICE – Ad Bazaar reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by Ad Bazaar. For Terms of Service with Advertiser visit http://www.advertisementbazaar.com/
TAXES – Ad bazaar is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser's relationship with Ad Bazaar) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by Ad Bazaar the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by Ad Bazaar. i) All TDS deductions, form no. 16A should be sent at firstname.lastname@example.org ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.
- Ad Bazaar's interpretation of the Contract shall be final and binding on Advertiser.
- Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and Ad Bazaar and that the Advertiser is not entitled to bind Ad Bazaar by its actions.
- Ad Bazaar is subject to existing laws and legal process and nothing contained in the Contract is in derogation of Ad Bazaar's right and obligation to comply with the law.
- If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
- Advertiser may not assign any rights or obligations against Ad Bazaar without Ad Bazaar's prior written consent. Ad Bazaar reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as Ad Bazaar and Ad Bazaar shall cease to have any liability to Advertiser. However, the Parties agree that Ad Bazaar has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by Ad Bazaar will not be subject to Advertiser’s consent.
- Ad Bazaar shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of Ad Bazaar under the Contract will stand suspended.
- Nothing in the Contract obliges or will be deemed to oblige Ad Bazaar to provide any credit to the Advertiser.
- Advertisers agrees that Ad Bazaar reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.
ARBITRATION - All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of Ad Bazaar. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of Ad Bazaar. The arbitration proceedings shall be held at Mumbai and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and Ad Bazaar. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
ENTIRE CONTRACT - These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.
AMENDMENTS AND WAIVERS - No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
INSTRUMENTS - The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.