WELCOME TO ADWALAS!
PLEASEREAD THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF THE ADWALAS.COMWEBSITE AND THE SERVICES.
Lastmodified: 1st January 2019
Introduction
BLACK BOX INTERACTIVElocated in Mumbai, India, provides digital advertising and Marketing services(collectively the “Services”) on the ADWALAS.com website at
These Terms of Serviceprovide you with information about the terms upon which we agree to provide,permit and allow you to access and use the Website. Please read these Terms of Service carefully and refer to it as you use our Systemsand Services. You agree to be bound by these Terms of Service if you continueusing the Website. If you do not agree to these Terms of Service, you mustimmediately refrain from using the Website and the Services.
We may make changes to theTerms of Service and will notify you of these changes by changing the date“last modified” above. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOUSHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINIOS USE OF THESYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMSAND ANY CHANGES.
If you are a companyadvertising in our Product, Property or services of any categories, youwill be required to enter additional terms and conditions set out in ourAdvertising Order Form, however, please note that these Terms of Service willstill apply and must be read in conjunction with any other agreement you enterwith ADWALAS.
1. Acceptance ofthese Term of Service
1.1 The Website andthe Service are provided to you subject to these Terms of Service (these"Terms"). By accessing the Website or using the Service, you agreethat you have read, understood and agree to be bound by these Terms. For thepurpose of the Terms and wherever the context so requires, the terms 'you' and“your” shall mean any person who uses the Website or the Service in any mannerwhatsoever including persons browsing the Website and its content, postingcomments or any content or responding to any advertisements or content on theWebsite.
1.2 By accessing and/orusing the Website and/or the Service, you agree to comply with these Terms.Additionally, when using a portion of the Service, you agree to abide by anyapplicable posted guidelines for such Service, which may change or be updatedfrom time to time at ADWALAS’ sole discretion.
1.3 You are solelyresponsible for reviewing these Terms from time to time. Should you object toany term or condition of these Terms, any guideline, or any subsequent changesthereto or become unhappy with ADWALAS or the Service in any way, you mustimmediately discontinue use of the Website and the Service.
1.4 These Terms may beupdated by ADWALASat any time at its sole discretion. It is your responsibilityto referthese Terms and check the date “last modified” at the top of this page.
1.5The term "affiliates" asreferred to in Sections 10 and 20 of these Termsmeans: any company controlled or owned by ADWALAS (Black Box Interactive); anycompany commonly controlled or owned with ADWALAS; or any group entity jointlyoffering the Service.
2. Description ofService and Content Policy
2.1 This Section 2 hasimportant legal consequences for you. In this section: - the legalresponsibilities and liabilities of ADWALAS are excluded or limited; - you takeon risk, responsibilities and liability; and - any rights you have againstADWALAS are limited or excluded. The statements made in this section constituteacknowledgements of fact by you. You must read these statements carefully andensure they are correct, as you will not be able to deny the truth of thestatements. ADWALAS and/or other persons may have claims and other rightsagainst you as a result of these statements.
2.2 ADWALAS is a platformto allow our users who comply with these Terms to offer, sell and buy productsand services listed on the Website. Although you may be able to conduct paymentand other transactions through the Website, using third-party vendors,ADWALASis not in any way involved in such transactions. As a result, and as discussedin more detail in these Terms, you hereby acknowledge and agree that ADWALAS isnot a party to such transactions, has no control over any element of suchtransactions, and, as far as the law allows, shall have no liability towardsany party in connection with such transactions. As far as the law allows, youuse the Service and the Website at your sole risk and responsibility.
2.3 You understand thatADWALAS is not responsible for ads, directory information, businesslistings/information, messages between users, including without limitatione-mails or chats or other means of electronic communication, whether throughthe Website or another Third Party Website (defined below) or offerings,comments, user postings, files, images, photos, video, sounds, businesslistings/information and directory information or any other material madeavailable through the Website and the Service ("Content"), and thatby using the Website and the Service, you may be exposed to Content that isoffensive, indecent, inaccurate, misleading, or otherwise objectionable. As faras the law allows, you are responsible for and mus
2.4
(i) you own or have andshall continue to, for such time the Content is available on the Website, havethe necessary licenses, rights, consents, and permissions to use such Contenton the Service and Website (including without limitation all patent, trademark,trade secret, copyright or other proprietary rights in and to any and all suchContent) and authorize ADWALAS.COM to use such Content to enable inclusion a
2.5 ADWALASdoes notendorse any Content or any opinion, statement, recommendation, or adviceexpressed therein, and, as far as the law allows, ADWALAS expressly disclaimsany and all liability in connection with user Content. ADWALAS.COM does notpermit copyright infringing activities and infringement of intellectualproperty rights on the Website, and ADWALAS may, at its sole discretion, removeany infringing Content. ADWALAS reserves the right to remove any Contentwithout prior notice. ADWALAS may also terminate a user's access to theWebsite. Further, at its sole discretion, ADWALAS reserves the right to decidewhether any Content is appropriate and complies with these Terms.
3.
3.1 ADWALAS offers aservice known as "Featured Ads" where users may pay a non-refundablefee to have their ads posted in selected locations on the Website, thuspotentially increasing an ads' visibility. In order to purchase a Featured Ad,you may be required to transmit certain information through a third partyservice provider, Click & Buy, a Third Party Website, that may be governedby its own terms of use and other policies. ADWALAS makes no representation orguarantee as to the safety or security of the information transmitted to anyThird Party Website, and your linking to any Third Party Website is completelyat your own risk, and ADWALAS disclaims allliability related thereto.
4. Conduct
You agree not to post,email, host, display, upload, modify, publish, transmit, update or share anyinformation on the Site, or otherwise make available Content:
4.1 that violates any lawor regulation;
4.2 that is copyrighted orpatented, protected by trade secret or trademark, or otherwise subject to thirdparty proprietary rights, including privacy and publicity rights, unless youare the owner of such rights or have permission or a license from theirrightful owner to post the material and to grant ADWALAS all of the licenserights granted herein;
4.3
4.4 that is harmful,abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another's privacy or otherrights, hateful, or racially, ethnically objectionable, disparaging, relatingor encouraging money laundering or illegal gambling or harms or could harmminors in any way or otherwise unlawful in any manner whatsoever;
4.5 that harasses,degrades, intimidates or is hateful towards any individual or group of individualson the basis of religion, gender, sexual orientation, race, ethnicity, age, ordisability;
4.6 that violates any(local) equal employment laws, including but not limited to those prohibitingthe stating, in any advertisement for employment, a preference or requirementbased on race, color, religion, sex, national origin, age, or disability of theapplicant;
4.7 that includes personalor identifying information about another person without that person's explicitconsent;
4.8 that impersonates any personor entity, including, but not limited to, an ADWALAS employee, or falselystates or otherwise misrepresents an affiliation with a person or entity;
4.9 deceives or misleadsthe addressee about the origin of such messages or communicates any informationwhich is grossly offensive or menacing in nature;
4.10 that is false,deceptive, misleading, deceitful, misinformative, or constitutes "bait andswitch" offer;
4.11 that constitutes orcontains "pyramid schemes", “jokes”, "affiliate marketing,""link referral code," "junk mail," "spam,""chain letters," "bait marketing", "negative optionmarketing", "referral selling" or unsolicited advertisements ofa commercial nature;
4.12 that constitutes orcontains any form of advertising or solicitation if (i) posted in areas orcategories of the Website which are not designated for such purposes; or (ii)e-mailed to ADWALAS users who have requested not to be contacted about otherservices, products or commercial interests;
4.13 that includes linksto commercial services or Third Party Websites, except as specifically allowedby ADWALAS;
4.14 that advertises anyillegal services or the sale of any items the sale of which is prohibited orrestricted by applicable law, including without limitation items the sale of whichis prohibited or regulated by applicable law;
4.15 that containssoftware viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer software orhardware or telecommunications equipment or any other computer resource;
4.16 that disrupts thenormal flow of dialogue with an excessive number of messages (flooding attack)to the Service, or that otherwise negatively affects other users' ability touse the Service; or
4.17 that employs misleadingemail addresses, or forged headers or otherwise manipulated identifiers inorder to disguise the origin of Content transmitted through the Service.
Additionally, you agreenot to:
4.18 contact anyone whohas asked not to be contacted, or make unsolicited contact with anyone for anycommercial purpose, specifically, contact any user to post advertisement on athird party Website or post any advertisement on behalf of such user; or to"stalk" or otherwise harass anyone;
4.19 make any libelous or defamatorycomments or postings to or against anyone;
4.20 collect personal dataabout other users or entities for commercial or unlawful purposes;
4.21 use automated means,including spiders, robots, crawlers, data mining tools, or the like to downloador scrape data from the Service, except for internet search engines (e.g,.Google) and non-commercial public archives (e.g. archive.org) that comply withour robots.txt file;
4.22 post Content that isoutside the local area or not relevant to the local area, repeatedly post thesame or similar Content, or otherwise impose unreasonable or disproportionatelylarge loads on our servers and other infrastructure;
4.23 post the same item orservice in multiple classified categories or forums, or in multiple metropolitanareas;
4.24 attempt to gainunauthorized access to computer systems owned or controlled by ADWALAS orengage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Service or theWebsite;
4.25 use any form ofautomated device or computer program (sometimes referred to as "flaggingtools") that enables the use of ADWALAS ' "flaggingsystem" or other community control systems without each flag beingmanually entered by a human that initiates the flag (an "automatedflagging device"), or use any such flagging tool to remove posts ofcompetitors, other third parties or to remove posts without a reasonable goodfaith belief that the post being flagged violates these Terms or any applicablelaw or regulation; or
4.26 use any automateddevice or software that enables the submission of automatic postings on ADWALASwithout human intervention or authorship (an "automated postingdevice"), including without limitation, the use of any such automatedposting device in connection with bulk postings, or for automatic submission ofpostings at certain times or intervals.
4.27 Any Content uploadedby you shall be subject to relevant laws and may disabled, or and may besubject to investigation under appropriate laws. Furthermore, if you are foundto be in non-compliance with the laws and regulations, these terms, or theprivacy policy of the Site, we may terminate your account/block your access tothe Site and we reserve the right to remove any non-compliant Content uploadedby you.
5.
5.1 ADWALAS may charge afee to post Content in some specific areas of the Service (Paid Content). Thefee permits Paid Content to be posted in a designated area of the Website. Eachparty posting Paid Content to the Service is responsible for the Content andcompliance with the Terms. Any such fees paid hereunder are non-refundable inthe event any Content is removed from the Service for violating these Terms.Additional terms regarding Paid Content will be fully stated in the applicablesection(s).
6. Access to theService
6.1 ADWALAS grants you alimited, revocable, non-exclusive license to access and use the Service forpersonal use. This license granted herein does not include any of the following:
a) any collection,aggregation, copying, duplication, display or derivative use of the Service norany use of data mining, robots, spiders, or similar data gathering andextraction tools for any purpose unless expressly permitted by ADWALAS or asotherwise set forth in these Terms. Notwithstanding the foregoing, generalpurpose internet search engines and non-commercial public archives that gatherinformation for the sole purpose of displaying hyperlinks to the Service,provided they each do so from a stable IP address or range of IP addressesusing an easily identifiable agent and comply with our robots.txt file, mayengage in the activities set forth in (b). For purposes of this exception, a"general purpose internet search engine" does not include a websiteor search engine or other service that specializes in classified listingsincluding any subset of classifieds listings such as housing, for sale,services, or personals, or which otherwise provides classified ad listingservices. The license set forth in this Section permits you to display on yourwebsite, or create a hyperlink thereto, individual postings on the Service solong 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). ADWALAS maylimit the amount of postings displayed on or linked to your website. Use of theService beyond the scope of authorized access as set forth in these Termsimmediately terminates any permission or license granted herein. In order to collect,aggregate, copy, duplicate, display or make derivative use of the Service orany Content made available via the Service for other purposes (includingcommercial purposes) not stated herein, you must first obtain a license fromADWALAS.
7. Notification ofClaims of Infringements
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7.1.1 A physical orelectronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed;
7.1.2 Identification ofthe intellectual property rights claimed to have been infringed, or, ifmultiple intellectual property rights at a single online site are covered by asingle notification, a representative list of such works at that site;
7.1.3 Identification ofthe Content (by means of data or communication link, etc.) that is claimed tobe infringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled and information reasonablysufficient to permit ADWALAS to locate the material;
7.1.4 Information reasonablysufficient to permit ADWALAS to contact you, such as an address, telephonenumber, and an electronic mail address;
7.1.5 A signed statementthat you have a good faith belief that use of the material in the mannercomplained of is not authorised by the intellectual property right-owner, itsagent, or the law;
7.1.6 A signed statementthat the intellectual property-owner hold ADWALAS harmless from any claim ofany third party in connection with the removing by ADWALAS of the relevantcontent; and
7.1.7 A signed statementthat the information in the notification is accurate and under penalty ofperjury that you are authorised to act on behalf of the owner of an exclusiveright that is allegedly infringed.
Notifications must be sentto: admin@adwalas.com
8. IntellectualProperty Rights
8.1 The materials on theWebsite, other than the user Content that you licensed under these 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 containedtherein ("Marks"), are owned by or licensed to ADWALAS and aresubject to copyright and other intellectual property rights under Indian laws andinternational conventions. In connection with the Services, the Website maydisplay certain intellectual property goods belonging to third parties. Use ofthese goods may be subject to license granted by third parties to ADWALAS. Youshall, in no event, reverse engineer, decompile, or disassemble such goods andnothing herein shall be construed to grant you any right in relation to suchgoods. Materials on the Website are provided to you AS IS for your informationand personal use only and may not be used, copied, reproduced, distributed,transmitted, broadcast, displayed, sold, licensed, or otherwise exploited forany other purposes whatsoever without the prior written consent of therespective owners. ADWALAS reserves all rights not expressly granted herein tothe Website and the Materials. You agree to not engage in the use, copying, ordistribution of any of the Materials other than as expressly permitted herein,including any use, copying, or distribution of Materials of third partiesobtained through the Website for any commercial purposes. . You agree not tocircumvent, disable or otherwise interfere with security related features ofthe Website or features that prevent or restrict use or copying of anyMaterials or enforce limitations on use of the Website or the Materialstherein. Content displayed on or through the Service is protected by copyrightas a collective work and/or compilation, pursuant to copyrights laws, otherlaws, and international conventions. Any reproduction, modification, creationof derivative works from or redistribution of the Website, the Materials, orthe collective work or compilation is expressly prohibited. Copying orreproducing the Website, the Materials, or any portion thereof for furtherreproduction or redistribution is expressly prohibited.
9. UserSubmissions
9.1 This Section 9 hasimportant legal consequences for you. In this section: - the legalresponsibilities and liability of ADWALAS are limited or excluded; - the rightsor remedies you may have against ADWALAS are limited or excluded; and - youtake on risk, responsibilities and liability. You accept that various thingscan go wrong when using the Website and/or the Service, and/or when viewingand/or using the Content. You take on the responsibility and liability of theseevents happening and will have no claim against ADWALAS if they happen. Whenusing the Website, you will be exposed to Content from a variety of sources,and that, as far as the law allows, ADWALAS is not responsible for theaccuracy, usefulness, safety, or intellectual property rights of or relating tosuch Content, and you agree and assume all liability for your use. You furthermay be exposed to Content that is inaccurate, offensive, indecent,objectionable, defamatory or libelous and, as far as the law allows, andsubject to Section 18, you agree to waive, and hereby do waive, any legal orequitable rights or remedies you have or may have against ADWALAS with respectthereto.
10.
10.1 This Section 10 hasimportant legal consequences for you. In this section: - the legalresponsibilities and liability of ADWALAS are limited or excluded; - the rightsor remedies you may have against ADWALAS are limited or excluded; and - youtake on risk, responsibilities and liability. - you indemnify ADWALAS and otherpersons against liability and claims.As far as the law allows, and subject toSection 18, you agree to defend, indemnify and hold harmless ADWALAS, itsofficers, subsidiaries, affiliates, successors, assigns, directors, officers,agents, service providers, suppliers and employees, from and against any andall claims, damages, obligations, losses (whether direct, indirect orconsequential),, liabilities, costs or debt, and expenses (including but notlimited to attorneys' fees) arising from: (i) your violation of any provisionof these Terms; (ii) your violation of any third party right, including withoutlimitation any copyright, trademark, trade secret or other property, or privacyright; or (iii) any claim that your Content caused damage to a third party. Asfar as the law allows, and subject to Section 18, this defence andindemnification obligation will survive termination, modification or expirationof these Terms and your use of the Service and the Website.
11. No Spam Policy
11.1 This Section 11 hasimportant legal consequences for you. In this section you take on risk,responsibilities and liability. This may result in you being punished underapplicable criminal laws, and/or you becoming financially liable to ADWALAS and/orother persons for additional amounts. You understand and agree that sendingunsolicited email advertisements or other unsolicited communications to ADWALASemail addresses or through ADWALAS computer systems are expressly prohibited bythese Terms. You acknowledge and agree that from time to time ADWALAS maymonitor email usage using human monitors or automated software to flag certainwords associated with spam or scams in emails that are sent between one usersto another in the ADWALAS e-mail system. Any communication between yourself andany other user utilizing the communication features available on the Serviceand the Website may be used only in accordance with the Terms. Any unauthoriseduse of ADWALAS computer systems is a violation of these Terms and certainapplicable laws, in particular the Indian Cybercrimes legislation. Suchviolations may subject the sender and his or her agents to civil and criminalpenalties. Please note that the Indian Cybercrimes legislation carriessignificant penalties including imprisonment. In case you intend to solicit, orcontact our users by obtaining their email or phone numbers from our Website,we may report this behavior to the relevant authorities, who then may decide toprosecute you under the relevant Indian laws.
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14. Assignment
14.1 These Terms, and anyrights and licenses granted hereunder, may not be transferred or assigned byyou, but may be assigned by ADWALAS without restriction. Any assignment ortransfer by you shall be null and void.
15. Ability toAccept Terms of Service
15.1 This Website isintended only for adults and you warrant that you are eligible to contract asper applicable laws. If you are using/accessing this Website as arepresentative of any person/entity, you acknowledge that you are legallyauthorised to represent that person/entity. Minors are only allowed to accessthe Website and use the Service, in the event of approval of their legalrepresentatives or in the event that it concerns an act or a transaction thatis usual and acceptable standard in civil life and practice. You affirm thatyou are either at least 18 years of age, or an emancipated minor, or possesslegal parental or guardian consent, and are fully able and competent to enterinto the terms, conditions, obligations, affirmations, representations, andwarranties set forth in these Terms, and to abide by and comply with theseTerms.
16. GeneralInformation
16.1 These Terms and theother policies posted on the Website constitute the complete and exclusiveunderstanding and agreement between you and ADWALAS and govern your use of theService and the Website superseding all prior understandings, proposals,agreements, negotiations, and discussions between the parties, whether writtenor oral. The Terms and the relationship between you and ADWALAS shall begoverned by the laws of the land without regard to its conflict of lawprinciples. We encourage you to contact ADWALAS to try and settle any claim youmay have, however, if we cannot settle the dispute amicably through humannegotiation, then the claim or dispute must be submitted to the exclusive jurisdictionof the courts located within the Mumbai. The failure of ADWALAS to exercise orenforce any right or provision of the Terms shall not constitute a waiver ofsuch right or provision. If any provision of the Terms is found by a court ofcompetent jurisdiction to be invalid (including, without limitation, becausesuch provision is inconsistent with the laws of another jurisdiction) orinapplicable, the parties nevertheless agree that the court should endeavour togive effect to the parties' intentions as reflected in the provision. If anyprovision or provisions of these Terms is held to be invalid, illegal orunenforceable, the validity, legality and enforceability of the remainingprovisions of the Terms shall not in any way be affected or be impaired. YOUAGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TOYOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLETIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.These Terms shall inure to the benefit of and be binding upon each party'ssuccessors.
17. Violation ofTerms and Liquidated Damages
17.1 This Section 17 hasimportant legal consequences for you. In this section: - the legalresponsibilities and liability of ADWALAS are limited or excluded; - the rightsor remedies you may have against ADWALAS are limited or excluded; and - youtake on risk, responsibilities and liability. This may result in you becomingfinancially liable to ADWALAS for additional amounts. The statements made inthis section also constitute acknowledgements of fact by you. You must readthese statements carefully and ensure they are correct, as you will not be ableto deny the truth of the statements. ADWALAS and/or other persons may haveclaims and other rights against you as a result of these statements. Pleasereport any violations of the Terms that you become aware of by contacting ususing the link at the bottom of the Website's homepage at
18. Privacy Policy
18.1 We respect yourprivacy and have developed a detailed Privacy Policy that is incorporated intothese Terms. Please take the time to read our Privacy Policy. By agreeing tothese Terms, you are also accepting the terms of our Privacy Policy. You shouldbe aware that when you click certain links on our website or within our app youcould be directed to other companies’ properties outside of our hostedenvironment where the information collected is outside of our direct control.The privacy policy of the third parties’ properties or applications will governthe information obtained from you by these third parties in those contexts.
A. INFORMATION WE COLLECT,RECEIVE AND HOST Account and Profile Information: When you use our Services wemay require and use certain information such as a valid email address andpassword. In addition, users may create a profile that includes informationsuch as their geography, first and last name, gender, phone number, interestsand associated information, including photos they may wish to upload. Anyinformation users share in publicly-available profiles is their ownresponsibility. You should carefully consider the risks of making certainpersonal information—particularly information such as address or preciselocation information—publicly available. Where a user has decided to login toour site using a third-party authentication service such as Facebook Connect,we may also receive additional profile or other information authorised by thatprovider. Listings and Transactions: We may host the information, includingpersonal information and contact information, valid contact information andpassword necessary to provide our Services. Much of the same information usedto create an account or profile may be required to post a listing. Anyinformation users share in listings is their own responsibility. Like withprofiles, users should carefully consider the risks of making certain personalinformation—particularly information such as address or precise locationinformation—publicly available in a listing. Games, Advertising and Promotions:We may collect personal information such as your name and contact informationwhen you participate in games, quizzes or other marketing promotions we sponsoron our site or on third-party sites. We may also process information related tothe effectiveness of our advertising campaigns, including what ads are viewedand clicked either on our network or on third-party sites. Customer Care: Whenyou contact our customer care department, we may collect the personalinformation necessary to fulfill your request and to contact you for follow upas needed. We may also contact you using existing account contact informationyou provide to us for this purpose. We may also collect other information aboutour communications with our users, for example any user support requests thatour users make or any feedback that our users provide to us. Website and MobileData: We may automatically receive and log information on our servers from yourbrowser or device including your IP address, software and hardware attributes,pages that you request, mobile identifiers, information about app usage, andother device or systems-level information. This can occur on our website ormobile app, or on third parties’ services. Appended Information: We may alsoappend information we lawfully obtain from business partners or third partiesto existing data we hold about our users.
B.
C. USE OF THIS INFORMATIONTo provide our service we may use the information we collect and host for thefollowing general purposes: (i) to provide customer services, including tocreate and manage user accounts, to resolve technical difficulties and toenable features; (ii) to customize offers and experiences, includingadvertising on our properties or third parties’ properties; (iii) to monitorgeneral and individual user activity, such as keyword searches, postings andtransactional activity, and to manage traffic on the Website; (iv) to contactour users, including for service matters, customer care or permitted marketingcommunications via any available communications channels; (v) to undertakeresearch initiatives and to perform analytics to improve our services; and (vi)to enforce our Terms of Use including to combat fraud and abuse. We may retaininformation that we collect and observe on our network only for as long as isrequired to fulfill the above business objectives.
D. INFORMATION SHARING Wemay share information we collect with our affiliates (companies under commonownership and control), located in any third country. These companies may onlyprocess and use this information to assist us for purposes described above andare bound to honor this Privacy Policy. We do not share personal informationabout our users with non-affiliated third parties unless we have our users’specific permission to do so, or in the following circumstances: We may usethird-party service providers to assist in offering aspects of our services, inwhich case they shall have no authority to independently use any personalinformation they process on our behalf, and shall be subject to the terms ofthis Privacy Policy. We reserve the right to share information with private orpublic authorities that will enable us to fight fraud and abuse on our network,to investigate suspected violations of law, or to fight any other suspectedbreach of our terms of service. We may share personal information withgovernment authorities as required by applicable law. As a matter of policy wedo not rent or sell personal information about our users with non-affiliatedthird parties unless we have our users’ specific permission to do so. In theevent that our business or a division of our business is reorganized or soldand we transfer all or substantially all of our assets to a new owner, yourpersonal information may be transferred to the buyer to enable continuity ofservice. We may share certain non-personal information (data that does notidentify our users individually) with third-party service providers, trustedpartners or approved researchers in order to better understand whatadvertisements or services may interest you, to improve the overall quality andeffectiveness of our services or their services, or to contribute to academicresearch that we believe is of broader social benefit.
E. USER CONTROLS Access,Correction and Deletion: For users that have created an account or listing withus, you can access, correct or delete your personal information by writing tous at the following address:
F. SECURITY Allinformation we collect is protected by reasonable technical means andreasonable security procedures in order to prevent unauthorized access or useof data. Our affiliates, trusted partners and third-party service providershave committed to manage the information in accordance with our requirementsfor security and privacy.
G. CHANGES TO THIS POLICYThis Privacy Policy was last updated on 1st January 2019. Wemay update this Policy from time to time, in which case we will post aprominent announcement on our properties’ home page for 30 days. By continuingto use our services after that period our users confirm their continuingacceptance of any updates to this Privacy Policy.
H. CONTACT INFORMATIONQuestions about this privacy policy and/or these Terms can be directedto: admin@adwalas.com.
19. Disclaimer ofWarranties
19.1 This Section 19 hasimportant legal consequences for you. In this section: - the legalresponsibilities and liability of ADWALAS are limited or excluded; - the rightsor remedies you may have against ADWALAS are limited or excluded; and - youtake on risk, responsibilities and liability. There are things that may gowrong when using the Website and/or the Service, including what is listed inthis Section 20. ADWALAS is not responsible (liable) for anything that goeswrong, including what is listed in this Section 20. You use the Website and theService knowing and accepting that these things can go wrong and that there arerisks. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 18 YOU EXPRESSLYACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY ATYOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "ASIS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLESTEXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ADWALAS, ITSOFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ADWALAS MAKES NOWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEWEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THEWEBSITE 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 WEBSITEAND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANYAND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANYBUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS INANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. ADWALAS DOES NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKEDWEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ADWALAS WILL NOT BEA PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 18, IN NO EVENTSHALL ADWALAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FORDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVENIF ADWALAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROMANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUTLIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THESERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THESERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURYOR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE ANDSERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY ANDALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (viii) ANYBUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE WEBSITE BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANYCONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALLALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES ORPRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THESERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION,OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THEWEBSITE OR THE SERVICE OR ANY LINKS ON THE ADWALAS SITE. THESE LIMITATIONSSHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS,AND SUBJECT TO SECTION 18, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ADWALASSHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, ORILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGEFROM THE FOREGOING RESTS ENTIRELY WITH YOU. ADWALAS MAKES NO REPRESENTATIONS ORWARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSEWHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWNVOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
21. Limitations ofLiability
21.1 IN NO EVENT SHALLADWALAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IFADWALAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROMANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUTLIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THESERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THESERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGESINCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISEDIN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, ASWELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THEADWALAS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BYLAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ADWALAS SHALL NOT BE LIABLEFOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANYUSER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOINGRESTS ENTIRELY WITH YOU.
The Website is controlledand offered by Black Box Interactive from its facilities ADWALAS.COMbased inthe Mumbai, India. ADWALAS makes no representations or warranties that theWebsite is appropriate for use in other locations other than India. Those whoaccess or use the Website from other jurisdictions do so at their own volitionand risk and are responsible for compliance with local law.
21.
If you are listing aproperty on this Website, your obligations are as follows:
Brokers
i. You warrant that youpossess a valid license from the Real Estate Regulatory Authority (RERA), orits equivalent you are advertising;
ii. If a project is offplan (under construction), you warrant that the project is registered withRERA;
iii. If you are engagingin subleasing activities, you warrant that you possess a license for the activityof “Leasing and Management of Other People’s Property” from RERA);
iv. If you are engaging inshort-term or Holiday Home leasing, you warrant that you possess a license forthe activity from Tourism and Commerce Marketing;
v. As per the RERA regulations,you must obtain approval for every sale or leasing deal. Your advertisementmust display the RERA Permit Number, Office Registration Number andBroker Registration Numbe.
Developers
i. You warrant that youpossess a valid license from RERA, or its equivalent in the advertising;
ii. If a project is offplan (under construction), you warrant that it is registered with RERA and holda RERA-approved Account for the project;
iii. As per RERAregulations, you must obtain approval for every property advertisement anddisplay the RERA Permit Number on all advertisements.
Owners and Landlords
i. You warrant that youare the Owner/Landlord of the property, or otherwise possess validauthorization to list the property on this Website;
ii. If you are engaging inshort-term or Holiday Home Leasing, you warrant that you possess a license forthe activity.
Tenants
i. You warrant that youpossess valid, written consent from your Landlord before advertising on thisWebsite, and that you are legally entitled to publish such advertisement.
All Advertisers
i. You may only advertiseproperties that are currently available for sale or lease. It is at ourdiscretion to remove any listings (advertising fees will not be refunded);
ii. You warrant that theadvertisement does not contain unlawful language or use of the premises,including:
a. defamatory, misleadingor deceptive statements;
b. sharing of a propertythat exceeds lawful occupancy limits (including, but not limited to, bacheloraccommodations and multi-family use);
c. sharing of a propertybetween unrelated members of the opposite sex;
d. sharing of a propertyin any way that is deemed unlawful;
e. any other language thatpromotes illegal or immoral activities under the laws.
If you are listing aproperty on this Website, your obligations are as follows:
i. ADWALAS advertisementsinclude real properties for sale or rent. ADWALAS is not a real estatebrokerage and the details of the properties available on this Website areprovided to us by third party brokers, landlords, owners or developers.
ii. ADWALAS does notverify the property listing details provided to us by third parties, and makesno warranties or representations as to their accuracy or completeness.
iii. You the User of thisWebsite must conduct your own due diligence and must not rely on the details inthe advertisements.
iv. ADWALAS does notverify the RERA license number of all property broker companies prior toallowing them to advertise on the Website.
23. Automobiles Category
As a user of the Website,you must not offer for sale any type of cars, Heavy vehicles, Three wheelersand Two wheelers (“Vehicle”) that is:
(i) located outside of theINDIA, unless you can prove ownership of the Vehicle upon request
(ii) that is notimmediately for sale;
(iii) that is notaccurately described by the category in which it is advertised;
(iv) that you are not theowner of, or in all other cases, which you do not have the rights to sell;
(v) without true andaccurate pricing of the Vehicle displayed within the listing.
We may request that youprovide proof of ownership and that the Vehicle is located in the INDIA or hasbeen cleared by INDIA customs. If you do not provide us with proof within 24hours of request, we may immediately remove the relevant advertisement/contentwithout further notice and no refund will be made.
24. Automated datacollection
24.1 As a user of theWebsite, you expressly agree not to use any form of automated data collectionsuch as harvesting bots, robots, spiders, or scrapers, as well as your use ofthat data.
24.2 You agree not to useautomated data collection methods to obtain the mobile phone numbers and emailaddresses of our users, and you acknowledge that you if you contact our usersfor the purpose of directing them to your business or website without theirexpress permission to contact them, then you may be prosecuted under Indialaws.
25. Call Recording forReal Estate Brokers
Some of the RERA licensedreal estate brokers (Brokers) that advertise on our Website subscribe to aservice whereby the property listing has a uniquely identified phone number andthe call is automatically recorded for quality and training purposes. By usingthe Services you expressly agree to having your phone call recorded when youcall a Broker in relation to advertisements in the Property category of theWebsite and you agree that no further warning or consent is required.
Cookery
All the recipes, photos,references uploaded by users and displayed in this sectionsubsequently are inno manner make ADWALAS responsible or liable in any mannerby law and ADWALASdoes not have any obligations on these content. For the recipes uploaded by theadminare ADWALAS’intellectualproperty. Users must make sureand bear theresponsibility for the content to be original and the recipe being created bythe user.Recipes they upload on the website and their intellectual right oncontent makes the user responsible for it. ADWALAS by no means takes anyresponsibility for it.
In order to conclude thatthe user’s acceptance to Terms of use of services, Privacy Policy andDisclaimer is constituted once he starts using the Website and the servicesrendered.