01. AGREE AND ACCEPT
The domain name www.swapposto.com and www.swapposto.com (hereinafter referred to as “Website”) is owned by (Sattva Consulting Enterprises) with its registered office at (Plot 306, B No. 7, Shridhar Residency, Besa, Nagpur 440034), India (hereinafter referred to as “swapposto”).
02. SERVICE AND CONTENT POLICY
1. swapposto is the user platform that offer free online classifieds for those users who comply with these Terms to offer, Exchange, sell, and buy products and services listed on the Website by various other users of the website. Any user(s) who struck a deal with other user(s) of the website may or may not be able to conduct payment and other transactions through the Website, using third-party vendors such as PayPal, Ebanking channel of various banks or mobile payment, swapposto is not in any way does not authorize or involved in such transactions. As a result, and as discussed in more detail in various sections of these Terms, you hereby understand, acknowledge and agree that swapposto is not a party to any such transactions, has no control over any element of such transactions, and shall have no liability to any of the party in relation to such transactions. You use the Service and the Website at your own risk. You make any transactions in relation to any of the classifieds at your own risk.
2. As a user, you accept and agree that you are solely responsible for any Content posted on by you and then transmitted through, or linked from the Service and any further consequences of its dissemination through posting, transmitting, linking or publishing. Specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In relation with such Content posted on, transmitted through, or linked from the Service by you, you affirm and consent that: (i) you own or have and shall continue to have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize swapposto to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms , for such time the Content is available on the Website; and (ii) you have the written consent, and/or permission that can be construed as Legal 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 Website and these Terms. You retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to swapposto an irrevocable, 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 Website and swapposto’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels worldwide. These rights are required by swapposto 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 swapposto all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby award each user of the Website a non-exclusive license to access your Content through the Website. The abovementioned license to each user granted by you terminates once you or swapposto remove or delete such Content from the Website.
3. As a user of website, you know that swapposto or its representative in official role does not control, and is not responsible for uploading ads, directory information, listings/information messages between users, including without limitation e-mails sent from outside swapposto’s domain or other means of electronic communication, whether through the swapposto’s Website 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 Website and the Service (“Content”), and that by using the Website 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 swapposto 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 accept and agree that swapposto cannot and does not pre-screen or approve any Content, but that swapposto 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 swapposto’s attention or for any other reason or no reason at all. In addition, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to swapposto. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. swapposto makes no representation or guarantee as to the correctness 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 swapposto disclaims all liability thereto.
4. swapposto does not sanction/approve/endorse any Content or any opinion, statement, recommendation, or advice expressed therein directly or interpretation derived, and swapposto expressly disowns any and all liability in connection with user Content. swapposto does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and swapposto 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. Any such reporting can be done through the Grievance form available in this website. swapposto reserves the right to remove any Content without prior notice. swapposto may also terminate a user’s access to the Website, if they are determined to be a repeat violator or found to be indulging in any act contrary to these Terms. A repeat voilator is a user who has been notified of infringing activity more than Once and/or has had a user submission removed from the Website more than Once. Further, at its sole discretion, swapposto reserves the right to decide whether any Content is appropriate and complies with these Terms.
03. PREMIUM POSTINGS AND ADVERTISEMENTS
04. CONDUCT IN USE OF THIS WEBSITE
You agree not to make any information or content available on the site (via post, email, host, display, upload, modify, publish, transmit, update or share):
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have the legal right, License or permission or otherwise you are the owner to post the material and to grant swapposto all of the license rights granted herein;
- that infringes any of the above-mentioned intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that impersonates any person or entity, including, but not limited to, an swapposto employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by swapposto
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, algorithm, files or programs or any other equivalent manual process designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You also agree not to
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, deep-link, page-scrap, crawlers, data mining tools, or the like to download or scrape data from the Service, except purposely made available by us;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple regional/metro areas;
- attempt to gain unauthorized access to computer systems owned or controlled by swapposto or engage in any activity that disrupts diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
- use any automated device or software that enables the submission of automatic postings on swapposto without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
Furthermore you also agree that:
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible, that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website or through your use of other websites or web based forums, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website you acknowledge and agree that We are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- swapposto shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
05. USER ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the swapposto website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. swapposto reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to swapposto’s notice or if it is discovered through any other means that you are under the age of 18 years.
06. USER POSTS
AS a user you understand that when using the Website, you will be exposed to Content from a variety of sources, and that swapposto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against swapposto with respect thereto.
07. THIRD PARTY POSTERS
‘THIRD PARTY POSTERS/AGENTS’ offers to post Content to the Service on behalf of others. swapposto prohibits the use of THIRD PARTY POSTERS, directly or indirectly, without the express written permission of swapposto. In addition, THIRD PARTYY POSTERS are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from swapposto
08. USAGE OF THE SERVICE
swapposto grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Third Party Posters / Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by swapposto or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of same type of such postings displayed on or linked to your website exceeds Forty nine (49) postings, your use will be considered to be in violation of these Terms, unless swapposto expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray swapposto, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. swapposto may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. swapposto permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to ‘swapposto’ as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that swapposto promotes or endorses any third party causes, opinions, ideas, websites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of swapposto’s systems. swapposto reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from swapposto.
09. INTELLECTUAL PROPERTY RIGHTS
As a user you acknowledge and agree that the materials on the Website, other than the user Content that you licensed under Section 2 of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to swapposto, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to swapposto. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you without tampering for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. swapposto reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
10. INTIMATION OF CLAIMS OF INFRINGEMENTS
swapposto is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to swapposto together with a request to swapposto to delete the relevant Content in good faith. Grievance form available in the website or a mail with all the relevant documents should be employed to notify aforementioned. The notification and the request must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit swapposto to locate the material;
- Information reasonably sufficient to permit swapposto to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
- A signed statement that the intellectual property-owner hold swapposto harmless from any claim of any third party in connection with the removing by swapposto of the relevant content; and
- A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As a user you agree to defend, indemnify and hold harmless swapposto, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website
12. DEALINGS AND EXCHANGES WITH OTHER USERS OR ORGANIZATIONS USING THIS WEBSITE
You acknowledge and agree that swapposto shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that swapposto shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that swapposto is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release swapposto, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
13. FINANCIAL REPORTING OF ANY DERIVED VALUE OUT OF BUY/SELL/EXCHANGE
As a user you acknowledge and agree that it is your responsibility to report any financial gains for the matter tax implications of the Country/State/Province in which the transaction in the form of Buy, Sell or Exchange happens. swapposto is only a Provider of place for classifieds or advertisement listing and does not in any way party to the end transaction that happens between buyers, sellers or exchangers.
14. RESTRICTIONS AND TERMINATION OF SERVICE
As a user you acknowledge and agree that swapposto may impose limits from time to time relating to use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that swapposto has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that swapposto reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that swapposto shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You accept and agree that swapposto, in its sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service, immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if swapposto believes that you have violated these Terms of Service. In addition, you agree that swapposto shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
15. DISCLAIMER OF WARRANTIES
AS AN USER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL FORMS OF EXPRESS AND IMPLIED WARRANTIES WITHOUT LIMITATION INCLUDIN NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE UNAMBIGUOUSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. swapposto, ITS OWNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. swapposto MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE. swapposto 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 WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. swapposto DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR BY ANY OTHER USER THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND swapposto WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST DISCRETIONARY JUDGEMENT AND EXERCISE ULTIMATE CAUTION WHERE APPROPRIATE
16. LIMITATIONS OF LIABILITY
swapposto, ITS OWNERS, EMPLOYEES, OR AGENTS, IN NO EVENT WILL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, DERIVATIVE OR EXEMPLARY DAMAGES (EVEN IF swapposto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY WILL ALSO HOLD WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE swapposto SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AS A USER OF THE WEBSITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT swapposto SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is maintained and offered by swapposto for Genuine User Needs. swapposto makes no representations or warranties that the Website is appropriate for use in one or other locations. Those who access or use the Website from other jurisdictions do so at their own will and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by swapposto without restriction. Any assignment or transfer by you at any point in time shall be deemed null and void.
18. MISCELLANEOUS INFORMATION
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and swapposto and dictates your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. All the terms and conditions are governed under the jurisdiction of Indian Laws. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of swapposto to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall take effect to the benefit of and be binding upon each party’s successors and assigns.
19. BREACH OF TERMS
Please report any violations of the Terms that you become aware of by contacting us using the contact us link at the bottom of the swapposto homepage at www.swapposto.com. Any failure to act by swapposto with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay swapposto the liquidated damages (and not a penalty) calculated at the time.
All Grievances with respect to swapposto can be addressed using Grievance form. We will respond on any Grievances within 5 – 10 business days.