Updated on 9th February, 2019
You are requested to go through these terms and conditions thoroughly before using the websites i.e. www.Kartiano.com&www.kartiano.in . By using the websites, you undertakes that you have carefully read and accepted the terms and conditions set out here. No separate acceptance is being taken from the user(s) of the websites or associated mobile applications. Should you feel any disagreement with these terms and conditions, the only option with you is to discontinue using websites.
These terms and conditions are set out by us and can be updated any time at its sole discretion.
1. About Us :
ODS Web Service Private Limited (hereinafter as 'ODS') is registered with Ministry of Corporate Affairs, Government of India and is located at Panchkula, Haryana.
ODS provides an online marketplace and classified services (collectively the 'Services') through its websites www.kartiano.com&www.kartiano.in and its associated mobile applications (collectively called 'Kartiano'). The word Kartiano and Websites are used inter-changeably and carries the same meaning.
Kartiano is a next step in the direction of classified marketplace in the manner that it allows sellers to come, freely register and market their firsthand products / goods. In the same manner, the service providers can come and market the services they provide, through the Websites. The usage of Kartiano is subjected to the terms and conditions set out here.
2. Terms :
For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses 'Kartiano' or the 'Services' in any manner, for the purpose of posting or browsing through the content posted by others.
By using the 'Services' and the 'Kartiano', you agree to conform to these terms and conditions, which may be updated time to time by ODS. In case you have any disagreement or discomfort to these terms and conditions, the only choice is to stop using 'Kartiano' and the 'Services'.
2.1. Listing Policy, Content Posted& Authorization :
a. Kartiano is an online marketplace where the sellers or various kind of service providers register themselves and publish their products or services, provided they comply with the terms and conditions set out here.
b. Kartiano does not allow any of its users to publish product or content that is against the law of the land, incites any kind of violence, is religiously discriminating, offends the feeling of any group of people, etc.
c. Kartiano neither controls, nor is responsible for the products/ services posted and information provided by sellers about such products/ services on the website; or the interaction between buyers and sellers through Kartiano or emails or telephone.
d. By using Kartiano and the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You, however, acknowledge and agree that you are responsible for the evaluation of such content for associated risks, before the use of any content. Under no circumstances will ODS or Kartiano be liable for any loss or damage occurred to you due to the use of such content.
e. Although ODS / Kartiano cannot and does not pre-screen or approve any Content posted on the website, but ODS / Kartiano has the right, in its sole and absolute discretion, to refuse, delete or move any Content from the websites / services that it finds in violations of these Terms.
f. Furthermore, Kartiano and the Content available through it may contain links to other third party websites, clicking on which redirects you to these third party websites. Once on these third party websites, you may be subjected to the Terms & Conditions of these 'Third Party Websites' and other policies, on which Kartiano has no control. Kartiano also does not guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your usage of any such content/ information is completely at your own risk and Kartiano disclaims all liability thereto.
g. You acknowledge and agree that you are solely responsible for the content posted by you on Kartiano and that you have the required rights, written permissions, licenses, consent from the concerned parties, be it an organization or an individual, for posting the content on Kartiano. That by posting the same on Kartiano, you are not infringing upon or violating any patent, trademark, trade secret, copyright or any other propriety right. Kartiano reserves all the rights in its sole discretion to take appropriate action, including but not limited to remove the content from websites, removing the user access from Kartiano, etc., without prior notice to the users, if any such infringement comes to its notice or is properly notified by the affected parties.
h. Any Content posted by you on Kartiano is subjected to applicable laws and regulations and may be investigated by concerned authorities under appropriate laws and in case of any non-compliance by you, the authorities can take appropriate action and Kartiano also reserve the right to terminate your access fromKartiano including deletion of any posted data.
i. You also authorizes Kartiano to use, re-use, and reproduce the content for the purpose of promoting Kartiano over other third party website, electronic/ non-electronic channels, etc., to offer the facility of automatically capturing the content of your post, to any third party websites or users and while doing so Kartiano is not liable to pay any fee, royalty, charges, etc. to you.
j. Kartiano makes no endorsement of the accuracy of the content posted by you. You also grant each user of Kartiano an access to your Content through Kartiano including the right to contact you through the chat provision provided on Kartiano or other contact details provided by you on Kartiano.
k. Kartiano does not endorse any content, reviews, opinions, etc. posted by the users and categorically and expressly disclaims any and all liabilities with regard to the same.
2.2. Conduct :
You agree not to post, upload, communicate, display, publish, etc. any content or information on Kartiano:
a. That is in violation of the law or regulation or policy of the land.
b. In violation of any patent, copyright, trademark, trade secret, intellectual property, privacy, any other right or otherwise unless until you have proper rights, ownership or permission to do so from the rightful owner.
c. For which you do not have permission to post on Kartiano.
d. That is potentially harmful, abusive, unlawful, threatening, harassing, degrading in nature, intimidating or hateful towards individual or any group of people, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
e. That creates disparity between individuals or group of people on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
f. That threatens the security, unity, integrity, defense, or sovereignty of India.
g. That threatens India's relations with other countries or states.
h. That defies the authority of Government in any manner.
i. That could disturb public order and incite violence of any nature.
j. That has the potential of affecting or preventing any ongoing or upcoming investigation by the authorities.
k. That includes information related to a third person of which you have no right to publish.
l. That is false, deceptive, deceitful, misleading in nature, misinformative and could cause potential harm to the individual or group of people if used or followed.
m. That assumes the identity of any third person or entity or organization including, but not limited to, any Kartiano employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
n. That lures users to gambling, Ponzi schemes, affiliate marketing, etc.
o. That is published in the areas/ sections of Kartiano not meant for that content.
p. That contains links to advertisements, commercials, third party websites, except specifically allowed by Kartiano.
q. That contains advertisement of any illegal services or items, the sale of which is prohibited or restricted or regulated by applicable law.
r. That contains software malware, virus or program designed to hamper the functioning of Kartiano or the users.
s. That contains software program meant for copying the content posted by other users, without the explicit permission from Kartiano.
t. That cause excessive traffic on Kartiano with an objective to disrupt the normal operations of Kartiano'Services.
In addition to the above, you also agreesto that :
a. You shall not write or post any review or comment that is personal in nature or defamatory or demeaning.
b. You shall not contact any person or organization present on Kartiano, if they have not allowed or permitted you or have forbidden you from contacting them.
c. You shall not post any advertisement in any section of the websites, which is not meant for it. If done so, Kartiano reserves the right to remove that from the website or even remove your access from the website.
d. You shall not collect data or personal information from Kartiano for any other use or unlawful purposes.
e. You shall not use any automated tools or software(s) or programs like crawlers, etc. to download the data from Kartiano.
f. You shall not make use of any software of program for automated submission of content on Kartiano without any human intervention.
2.3. Access to Kartiano :
Please note that ODS / Kartiano provides you a limited and revocable access to Kartiano and the services as mentioned under these terms and reserves all exclusive rights and has complete discretion in removing your access from the websites and services without mentioning the reason behind any such revocation.
You also agree not to gain an unauthorized access to Kartianoeither by using any backdoor software or circumventing security measures of the website.
2.4. Your Submission :
You understand and acknowledge that while accessing Kartianoand the services, you will be exposed to content posted by various users. As already stated, Kartiano does not verify or endorses the accuracy, rightfulness, IPRs of any content available on the website, and you by registering and using Kartianoand the services agrees and assumes all risks and liabilities related to exposure and use of such content and shall not hold Kartiano responsible in any manner for such content.
2.5. Infringement Claim :
It is explicitly mentioned that ODS / Kartiano does not permit posting of any copyrighted or unauthorized content on the websites and is not at all liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the website, or items advertised on the website, by end users or any other third party.
If you are an owner of an intellectual property rights and believes that any Content posted on Kartianoinfringes upon your intellectual property right, you may submit a notification to Kartiano along with necessary supporting document together with a request to delete the relevant Content in good faith in the claims of infringement.
2.6. Indemnify :
You agree to defend, indemnify and hold harmless ODS / Kartiano, its directors, officers, employees, suppliers, service providers, successors, from and against any and all damages, claims, losses and expenses arising out of
- Your access to Kartianoand services, and exposure to the content posted on Kartiano.
- Any IPR, copyright, license, trademark, privacy, etc. violation by any of the users of Kartiano or services.
This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the website.
2.7. No Spam :
The terms set out here clearly prohibits sending out of advertisement emails or any such communication, which falls in the category of SPAM, to the ODS/ Kartiano email addresses or to the users registered over Kartiano. The communication mechanism established by ODS/ Kartiano between you and the other users should only be use for the purpose intended and in accordance with these terms. Any violation may lead to appropriate against the users by Kartiano.
2.8. Rights :
You acknowledge and agree that ODS reserves the right with regard to
- Changing the time limits regarding availability of content posted on Kartiano.
- Limiting the no. of images that user can upload.
- Various details that can be provided by the users.
- Size of the images that can be uploaded by user.
- Manner of accessing Kartianoand services.
- Discontinuing any part of the services from Kartiano.
- Removing any duplicate account found to be registered on Kartiano. In such case, Kartianois not responsible for loss of any date that you have stored on the websites
2.9. Intellectual Property Rights :
You acknowledge and agree that the material on Kartiano, other than the content posted by users, including but not limited to the site logo, images, software, graphics, text and the like are either the intellectual property of ODS/ Kartiano or licensed by it for use on the website. /p>
You shall, in no event, use or reproduce this material by modifying, distorting, photo-shopping, in any manner possible, for personal or commercial purpose. Doing so shall attract action under appropriate laws.
2.10. Interaction with Users :
You acknowledge and agree that Kartiano / ODS is not responsible for any interaction/ communication that you may have with any of the user on Kartiano, either through the chat medium provided by Kartianoor any other channel.ODS / Kartiano is not responsible, in any manner, for the payments made by you against the goods or services that you purchase from the sellers registered on Kartiano. ODS / Kartiano is also not responsible for the quality, condition, warranty, etc. of the products OR the behavior of the service provider, quality of service provided, etc. in any manner possible.
Any such purchase or dealing between you and the product seller or services providers, listed on Kartiano, is solely between you and that individual or organization and ODS / Kartiano cannot be hold responsible in manner for any loss or damage that may arise due to such interaction/ transaction between the two of you. If there arises any disputes between you and any other individual or organization listed on Kartiano, you releases ODS / Kartiano, its employees, successors from any and all claims.
2.11. Limitation of Liability :
In no event or under no circumstances shall ODS, its directors, employees, or associates be liable for any kind of damage, direct or indirect, occurred to any one including you, resulting from any aspect of your use of Kartiano or the services, including without limitation whether the damage has been occurred due to your use or misuse or because of use of misuse by any other user of Kartiano or inability to use Kartiano due to any interruption, suspension or modifications on websites or termination of your access to Kartiano. Such limitation shall also apply in relation to any damage occurred due to use of any advertisement / third party website links displayed on Kartiano.
In addition to these limitations, you also specifically acknowledge and agree that ODS/ Kartiano shall not be liable for any non-compliant or illegal conduct (as detailed out in other sections of these terms) of any of the users and any associated risk due to such conduct rests entirely with you.
2.12. Notification of Violation of Terms & Claim of Damages :
In case you come across or become aware of any violation of these Terms, please report the same at firstname.lastname@example.org
2.13. Changes in Terms and Notification :
2.14. Disputes :
Any disputes with regard to your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations of liability, and applicable laws.
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