Clankart Terms of Use

Using Clankart

You agree and understand that Clankart is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services. You further agree and understand that we do not produce / purchase / manufacture any goods nor do we sell any goods and also we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. Clankart would not be responsible, in any manner whatsoever, for any products / services ordered from any of the listings.

You agree that your listing, posting and / or Information.

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

You agree that your listing, posting and / or Information:

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

Eligibility

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

Abuse of Clankart

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

Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Content

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

Chat Community Guidelines

By participating in Clankart's chat, you agree to adhere to these guidelines:

• Be respectful and courteous to other users. Avoid offensive language, hate speech, insults, or any form of discrimination.
• Keep the discussion focused on relevant topics related to books, buying, and selling.
• Do not spam inappropriate, offensive, or explicit content.
• Refrain from making references to platforms outside of Clankart in your messages. Our community is focused on Clankart-related discussions.
• Report any violations or suspicious activities to Clankart support.

Liability

You agree not to hold www.clankart.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in sec Abuse of Clankart above. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

Personal Information

By using Clankart, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Clankart. The data is stored and controlled on servers. By submitting your personal information, you give permission to Clankart to publicly display your personal information which can be freely accessed by anyone. You also agree to receive marketing communications from us. You agree that Clankart may use information shared by you to provide customer services and to understand if any other services or advertisement listed on Clankart website may interest you. You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Clankart, including its subsidiaries and associate companies.

General

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

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Third Party Content and Services

Clankart may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site's terms and conditions of use and privacy policy that may be different from those of this site. It is the user's responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Clankart makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon. Further, user's interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. The rejected products could be sent back to you.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Governing Law & Jurisdiction

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

Returns

• Clankart does not Accept RETURN/REFUND of orders. This is mandated under our Terms & Condition.
• Clankart do not covers the return or replacement of the product. Buyer should contact the seller directly for the return or replacement of product.
• Buyer should contact the seller and clarify the queries related to product quality and quantity.

Send your Offer/Buy Now Terms

• You should "Make an Offer" of the amount which you wish to pay for the product.
• Once your offer is accepted, you can make the payment online.
• The seller will ship the listed item and it will be delivered to you, and only after the delivery, payment will be released to seller.

The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment has been made, seller will ship the item to buyer. If you wish to negotiate, please choose 'Send your Offer' purchase option.

Buyer Agreement

Introduction - This document, as amended from time to time in accordance with its terms, ( “Agreement”) sets out the terms and conditions under which Clankart (referred to as “Clankart”, “Us” or "We" where applicable) provides product/listings buyers ("you", "You", “Your” or "Buyer") the opportunity to purchase products listed on the Clankart website at www.clankart.com (the "Website") from third party sellers (“Seller” or “Sellers”). By using the Website and purchasing products over the Website You expressly agree to be bound by the terms and conditions of the Agreement. We strongly recommend that you read and understand the Agreement and, in any event, by continuing to use the Website and buy products/listings via the Website You will be bound by the terms and conditions of the Agreement.

Modification - If We decide to amend, alter or otherwise change the terms of the Agreement, We will notify You by posting the revised version of the Agreement on the Website and emailing You at Your registered email address. The revised Agreement will automatically take effect on being posted on the Website and will replace the terms of any previous versions of the Agreement for all new product/listings orders initiated on or after the date it is posted. Your continued use of the Website will constitute Your acceptance of the revised Agreement. If you do not agree with the terms of any revised version of the Agreement, please do not continue to use the Website. Clankart, through the Website, facilitates an open consumer to consumer/peer-to-peer marketplace through which secondhand products may be purchased or sold by Buyers and Sellers. We do not take ownership of any products listed by Sellers or purchased by You and We are not a party to any contracts that may arise outside of the Agreement between You and any Seller when products/listings.

• Clankart 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 authorised 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 authorised to act, you may write to us at support@clankart.com to delete the relevant Content in good faith.

Selecting product/listings - As a Buyer, You review the product/listings listed on the Website and, when You find a product/listings that You want at a price You want to pay, You send your offer to that product/listings & eventually buy that product/listings once the seller approves your request. You should carefully read the full listing details for each product/listings before sedning your offer to the product/listings, including any restrictions or qualifications such as restricted view, family section, age restrictions, no alcohol permitted or concession. Please ensure that You have read the full listing details and are happy with Your product/listings selection prior to confirming Your offer as, once approved by seller, You must proceed with the purchase of that product/listings in accordance with the Agreement and You will likely be contractually bound, as between You and the Seller, to purchase that product/listings. As Clankart provides an open market place for the sale and purchase of product/listings, there are many different types of Sellers listing product/listings on the Website. For the avoidance of doubt, product/listings are not sold by Clankart on the Website, they are sold by third parties. You agree that

Pricing Product/listings market prices might vary based on the type of the product/listings or based on the pricing set by the seller. But the sellers are required to post the product/listings at its original price. Strictly NO surge pricing. If you find any such product/listings posted by a seller, please report to us & we'll ban the seller. While We try to ensure the accuracy of all prices listed on the Website, sometimes technical errors may occur. In such an event, You are requested not to send offer or buy that product/listings. We won't be responsible for any disputes with the pricing. Unless otherwise required by law, Clankart has no liability to You in respect of changes to an event and/or product/listings or rescheduled events, including (without limitation) any liability to refund the price of the applicable product/listings (or any delivery fees). In the event that Clankart does contact You in respect of changes to an event and/or product/listings or rescheduled events, then You must cooperate with Clankart and (through Clankart) the Seller in respect of those changes or that rescheduling.

Seller Agreement

Introduction - This document, as amended from time to time in accordance with its terms, ( “Agreement”) sets out the terms and conditions under which Clankart (referred to as “Clankart”, “Us” or "We" where applicable) grants product/listings sellers ("you", "You", “Your” or "Seller") a licence to list and offer product/listings for sale on the Clankart website at www.clankart.com (the "Website") to third party buyers (Buyer or Buyers). By using the Website and listing product/listings for sale on the Website, you expressly agree to be bound by the terms and conditions of the Agreement. We strongly recommend that You read and understand the Agreement and, in any event, by continuing to use the Website and sell product/listings via the Website You will be bound by the terms and conditions of the Agreement.

Modification - If We decide to amend, alter or otherwise change the terms of the Agreement, We will notify you by posting the revised version of the Agreement on the Website and emailing you at Your registered email address. The revised Agreement will automatically take effect on being posted on the Website and will replace the terms of any previous versions of the Agreement for all new product/listings listings initiated on or after the date it is posted. Your continued use of the Website will constitute Your acceptance of the revised Agreement. If you do not agree with the terms of any revised version of the Agreement, please do not continue to use the Website. Clankart, through the Website, facilitates an open consumer to consumer market place through which new and/or secondhand product/listings may be purchased or sold by Buyers and Sellers. We do not take ownership of any product/listings listed by You and We are not a party to any contracts that may arise outside of the Agreement between You and any Buyer when product/listings are sold and purchased via the Website. There is no guarantee given by Clankart (or any other associated company) that Your product/listings will sell and, in the event that they do not sell, Clankart will not be responsible for their listings. Prior to listing Your product/listings, You should carefully consider the legal rights and obligations that may arise outside of the Agreement between You and a Buyer from the sale of Your product/listings and, if in doubt, you should seek further legal advice in respect of these rights and obligations.

Requirements - To become a Seller and be entitled to sell product/listings via the Website, You must create a personal account via the Website. To create a personal account, You will need to provide details such as Your real name & contact telephone number that We approve and accept. There are some account details that are specifically required for Sellers. If You have not previously done so, You will need to provide these specific Seller details before You are able to list product/listings on the Website. You will also have to agree to the terms & conditions and the prohibited items policy before listing a product. Clankart has absolute discretion to decide if you qualify (or continue to be qualified) as a Seller. You are responsible for ensuring that the details You provide Us with remain valid and up to date. If the details You have provided to Us are no longer valid or up to date, Clankart may suspend Your account, or terminate the Agreement.

Registered email addresses and passwords - To create and access Your personal account on the Website and use the services on the Website, you will need to provide a valid email address and password. You are solely responsible for maintaining the security of Your registered email address and password and for all activity that occurs on Your personal account under Your registered email address and password.

Release - Clankart, through the Website, facilitates an open market place for the sale and purchase of product/listings. Clankart is not a party to any contract that may arise outside of the Agreement between You and any Seller when product/listings are sold and purchased via the Website. To the fullest extent permitted by law, Clankart has no liability to You in connection with any contract between You and a Seller and You release Us from any liability We may have to You in respect of any expenses, costs, losses, damages, claims or demands that You may incur or suffer in connection with any contract between You and a Seller.

Liability - To the fullest extent permitted by law, Clankart shall in no circumstances be liable to You for any indirect or consequential losses or any loss of enjoyment or opportunity arising out of Your use of the Website, including (without limitation) from Your purchase of product/listings or any failure to purchase product/listings.

Event Loss - For the avoidance of doubt, Clankart does not stage, and is not responsible for the staging of, the events for which You may purchase product/listings on the Website. To the fullest extent permitted by law, We disclaim all liability connected with the staging of events for which You have purchased product/listings from the Website and for any death or personal injury suffered by You, or any person to whom You provide a product/listings purchased from the Website, arising out of attendance at, or travel to, any event unless caused by our negligence. Neither shall We be liable for any loss or damage sustained to Your property or belongings (or those of any person to whom You provide a product/listings purchased from the Website).

Force Majeure - To the fullest extent permitted by law, We will not be liable for any loss or damage suffered by You arising out of circumstances that are beyond our control including but not limited to any act of God, natural disaster, act of terrorism or other force majeure event.

While uploading multiple products, that are identical one must make sure that the availability of the same is met and fulfilled once sold. Upon realization of unavailability of the product the listings need to be updated accordingly before order is placed.

True information - You represent and warrant to Us that the information You submit to Us in creating and updating Your personal account and in making an order for product/listings on the Website is true, accurate and complete. You agree not to use false names or addresses, or any other false information or infringe any intellectual property, in using the Website.

Legal Compliance - You represent and warrant to Us that, during any interaction with the Website, you will comply with all applicable local, state, national and international laws. You also represent and warrant to Us that you are 18 or over and therefore able to enter into legally binding contracts.

No Agency - The Seller and Clankart are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by the Agreement and neither party has any authority to bind the other in any way.