Terms of Use

THESE TERMS OF USE WERE UPDATED ON 12 DECEMBER 2024

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.

IN THE EVENT OF NON-COMPLIANCE WITH THESE TERMS OF USE, LOGISTACKAI (QIKKADS.COM) HAS THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS OR USAGE RIGHTS TO THE PLATFORM IMMEDIATELY OR REMOVE NON-COMPLIANT INFORMATION OR BOTH AS THE CASE MAY BE, IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY (INTERMEDIARYGUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 AND AMENDMENTS THEREOF. BY USING THE QIKKADS PLATFORM AND ACCESSING OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THE TERMS STATED UNDER TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM AND THE SERVICES.

1. ACCEPTANCE

2. DESCRIPTION OF SERVICE AND CONTENT POLICY

3. GENERAL GUIDELINES FOR LISTINGS AND ADVERTISEMENTS

4. CONDUCT

5. PAID SERVICES

6. POSTING AGENTS

7. ACCESS TO THE SERVICE

8. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

9. INTELLECTUAL PROPERTY RIGHTS

10. USER SUBMISSIONS

11. INDEMNITY

12. NO SPAM POLICY

13. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

1. ACCEPTANCE

• LOGISTACK AI, a company incorporated in India under the Companies Act, 2013, having its registered office at No 310, Kalyannagar, Outer Ring Rd, HRBR Layout, Bengaluru, - 560043 is  licensee and operator of the Platform, which provides a collection of online resources which includes classified advertisements, listings and related support on the listings through the select entities on the website www.qikkads.com (“Service”), and the corresponding mobile application of the platform;  and the websites, and the corresponding mobile applications of the platforms (collectively, the "Platform")
• The Platform and the Service are provided to you subject to these QIKKADS.COM     Terms and Conditions (these "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, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, sharing information regarding their listings and/or advertising of the products and services including but not limited to electronics and appliances, commercial vehicles and spares, books and hobbies, property, jobs, cattle feed, tools on the platform (“Listed Items”) to obtain a price estimate, posting comments or any content or responding to any advertisements or content on the Platform, as applicable. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any and all applicable posted guidelines for such Service, which may change or be updated from time to time at QIKKADS.COM’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with QIKKADS.COM or the Service in any way, your only choice is to immediately discontinue the use of QIKKADS.COM. These Terms may be updated by QIKKADS.COM at any time at its sole discretion. QIKKADS.COM may send you notices of changes to the Platform or the Terms pursuant to Section “I” herein. QIKKADS.COM may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with QIKKADS.COM. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

2. DESCRIPTION OF SERVICE AND CONTENT POLICY

• QIKKADS.COM operates the next generation of online platforms. We act merely as an intermediary to allow our users who comply with these Terms to offer, sell, and buy Listed Items . Although you may be able to conduct payment and other transactions through the Platform using third-party vendors, QIKKADS.COM is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that QIKKADS.COM is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
• QIKKADS.COM partners with select partners/ entities to offer additional services in respect of your sale or purchase of Listed Items. Such select partners may offer additional services to enable you to sell or buy your listed items and to avail additional facilities associated to the buying and selling of your listed items in a hassle-free manner. You acknowledge that QIKKADS.COM undertakes such partnerships solely to enhance your experience on the Platform and provide speedy solutions. Once you choose to accept the services of such a select partner, you acknowledge that you transition outside the scope of the Platform and the Services, and QIKKADS.COM does not exercise any control in any form and manner of the terms of provision of such services by select partners/ entities. In such cases, you shall evaluate the terms and conditions of such other  partner/ entity. QIKKADS.COM shall not be responsible for any service(s) availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. You may opt-out of such additional services in accordance with our Privacy Policy and the policies of such third parties with proper due diligence and care at your own sole risk and expenses.
• QIKKADS.COM provides a marketplace for listings which enables users(“Listers”) to publish, advertise and list the Listed Items on QIKKADS.COM’s platform. QIKKADS.COM does not own or manage the listings and is not a party to any interactions and contracts between Listers and potential buyers. Further, any kind of listings on the platform, QIKKADS.COM clarifies that it is not a developer, broker or agent and is not acting as an agent in any capacity for any user, advertiser, Lister and/or buyer etc. If you are entering this platform in any capacity, you acknowledge that QIKKADS.COM exercises no control over listings, including but not limited to any information provided therein. QIKKADS.COM however, reserves the sole right to monitor and moderate content at its own discretion for platform operation, fraud prevention, compliance, and quality assurance and reserve right to take any suitable action to ensure the same. If you are a Lister or an advertiser you further acknowledge that QIKKADS.COM has the right, but does not have any obligation, to monitor the use of your listing and verify information provided by you.
• You understand that QIKKADS.COM does not control, and is not responsible for ads, directory information, business listings/information, messages between users, communications with the select partners, including without limitation e-mails sent from outside QIKKADS.COM’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with your listing including but not limited to the claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities , that you may not rely on said Content, and that under no circumstances will QIKKADS.COM be liable in any way for the Content or for any claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that QIKKADS.COM cannot and does not pre-screen or approve any Content, but that QIKKADS.COM 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 QIKKADS.COM’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are related or unrelated to QIKKADS.COM. If you are directed to such Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and their policies. QIKKADS.COM makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your usage  to any other websites is completely at your own risk and QIKKADS.COM being an intermediary disclaims all liability thereto.
• You being a Lister and/or advertiser acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, subject clause III mentioned below you have the necessary and valid licenses, approvals, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize QIKKADS.COM to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to QIKKADS.COM an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content including your personal data in connection with the Platform and QIKKADS.COM's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by QIKKADS.COM 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 QIKKADS.COM all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, QIKKADS.COM may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. QIKKADS.COM makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user and QIKKADS.COM of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or QIKKADS.COM remove or delete such Content from the Platform. Further, you grant QIKKADS.COM the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
• QIKKADS.COM does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and QIKKADS.COM expressly disclaims any and all liability in connection with User Content. QIKKADS.COM does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and QIKKADS.COM 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. QIKKADS.COM reserves the right to remove any Content without prior notice. QIKKADS.COM may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, QIKKADS.COM reserves the right to decide whether any Content is appropriate and complies with these Terms.

3. GENERAL GUIDELINES FOR LISTINGS AND ADVERTISEMENTS

A. SUBMISSION GUIDELINES FOR LISTINGS/ADVERTISEMENTS/PUBLISHING

i.   Lister agrees not to submit any descriptions, photographs, financial, contact or other information contained in any Listed Item and/or any advertisement of an already Listed Item and/or additional product, service, property on QIKKADS.COM’s Platform (Advertisement)  unless the Lister submitting such a Listed Item and/or Advertisement has acquired and received all necessary rights and authorizations from the owner of such Listed Item and/or Advertisement or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to sell, lease, rent, publish/ list and advertise the said Listed Item and/or Advertisement on QIKKADS.COM’s website and app. Similarly, QIKKADS.COM does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of advertisement space by QIKKADS.COM & it has not carried out any independent verification on the authenticity of such images/ banners/ listings. Some listings may contain third party video content provided for general informational purposes only and such content does not constitute are commendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by QIKKADS.COM or the providers of the video content as to its accuracy or completeness.

ii. QIKKADS.COM may, at its sole discretion but without any obligation, search  and remove such Listed Items posted on its website by the Listers  that are alleged to have been submitted in violation of the above provision. In addition, QIKKADS.COM may require additional evidence of compliance with this provision from Listers who are alleged to have submitted listings in violation of these terms and conditions. QIKKADS.COM will, in its sole discretion, terminate the accounts of, and refuse Services to, any Lister who repeatedly or intentionally violates these terms and conditions. Additionally, the Lister agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the QIKKADS.COM website. QIKKADS.COM shall have the sole authority to choose the manner in which any listing will be searchable, displayed, accessed, downloaded, copied, and otherwise used on QIKKADS.COM's website and app and it shall have the right to modify the listing in the exercise of its rights under these terms and conditions.

B. GUIDELINES FOR POTENTIAL BUYERS AND LISTERS

i.   At QIKKADS.COM, we prioritize transparency and reliability in our listings. We advise Listers, users/potential buyers to conduct thorough checks and establish the authenticity of any product, property or service before proceeding with any transaction. Please adhere to the following guidelines: (i) Independent Verification: Users/Potential buyers should conduct comprehensive checks to verify the authenticity of the Listing Item including their suitability for buying or renting. This verification should be done at the user/potential buyer's own expense and in a manner deemed appropriate. (ii) QIKKADS.COM's Role: As an online marketplace and merely being an intermediary QIKKADS.COM does not validate the authenticity of content provided in its services. Users/potential buyers should be aware that content is uploaded by Lister and Advertisers, and QIKKADS.COM does not filter or verify the same. However, we take prompt remedial measures upon receiving complaints.(iii) Ownership Verification: Users/Potential buyers are advised to conduct a comprehensive check of ownership to verify owners' or landlords' credentials.(iv) Personal Inspection: It is strongly recommended that users/potential buyers personally visit project sites or Listing Items to ensure the authenticity and existence of the Listed Item and/or Advertisement. (v) Beware of False Documents: As and when applicable the Users/Potential buyers should exercise caution and conduct diligence regarding the required and valid documentation from the Lister and/or Advertiser, (vi) Compliance with Regulations: As and when applicable the Users/Potential buyers should independently ensure whether the Lister and/or  Advertiser or the original Seller/ Developer  is complying with the provisions of all applicable laws (vi) Please note that QIKKADS.COM serves as an intermediary platform and does not facilitate, negotiate, or assist in sales between Lister and/or Advertiser  and potential buyers. While we rely on the information provided by Listers for displaying Listing Items on our platform, users/potential buyers are strongly encouraged to validate all information and review terms and conditions before making any decisions.

• A category-wise non-exhaustive list of recommended guidelines and checks before buying or listing the Listed Items and/or Advertised Items :
• Cars and Bikes: Prior to purchasing a car and/or bike listed on our platform, buyers are advised to check if the Lister/ seller has complied with all relevant provisions of the Motor Vehicles Act, 1988 including but not limited to Form 29, state NOC, if applicable. Buyers are advised to carry out a thorough inspection of the vehicle's documentation, including registration papers, insurance, and pollution under control (PUC) certificate. Additionally, buyers should verify the vehicle's compliance with emission norms, as per the Central Motor Vehicles Rules, 1989, and conduct a detailed physical examination of the car and/or bike’s condition. Additionally, buyers should verify the vehicle's roadworthiness and safety features in accordance with the standards outlined by the Bureau of Indian Standards (BIS). The Lister/ Seller is legally liable to get RC transferred on the name of end buyer and be present for the Part Peshi at respective RTO physically.  QIKKADS.COM being an intermediary is not liable to get the RC Transfer, be present for Party Peshi and resolve disputes between Lister and Potential Buyer in any form manner.
• Properties: Prospective buyers of properties listed on our platform should conduct due diligence in accordance with the Real Estate (Regulation and Development) Act, 2016 (RERA), by verifying all relevant legal documents including but not limited to  ownership deeds, land titles, building approvals, and clearances from local authorities including but not limited to valid building sanctioned plan, completion certificate, occupation certificate, structural stability certificate, no encumbrance certificates,  Fire NoC  and other required documents as per applicable laws including but not limited to  zoning regulations under the respective state's town planning laws and ensure adherence to the guidelines specified by the National Building Code of India, 2016 and building bye laws of each state. Additionally, the Lister(s) hereby agrees to obtain and ensure renewals of all aforesaid permissions, approvals, certifications with respect to the project/land/apartment/plot/ building/ house listed or advertised on QIKKADS.COM platform. The Lister in addition shall furnish a brief background of such property in respect of title, ownership and possession, QIKKADS.COM may also require the Lister to support its claims with respect to the status of the property with such documents as may be specified by QIKKADS.COM from time to time. The Lister shall, as and when required, shall further substantiate its claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed.
• Mobiles: Buyers considering the purchase of a mobile phone from our platform should thoroughly and physically inspect the device's specifications, condition, and functionality. It is also recommended that buyers verify the authenticity of the mobile phone's IMEI number as per the guidelines issued by the Department of Telecommunications (DoT). The Lister should support the potential buyers in such diligence.
• Jobs: Job seekers engaging with listings on our platform should exercise caution by verifying the authenticity of job offers, including the employer's registration status and compliance with Indian labour laws. Additionally, job seekers should ensure transparency in recruitment processes and seek clarification on any discrepancies or ambiguities in the job listing before proceeding with applications or interviews. The Lister should support the potential buyers in such diligence by producing such documents to the potential buyer/ user of the Platform.
• Electronics and Appliances: Prior to purchasing electronic devices or appliances listed on our platform, buyers are advised to inspect the product's specifications, condition, and warranty terms. Buyers are recommended to ensure the product’s adherence to the safety and quality standards prescribed by the Bureau of Indian Standards (BIS) and verify the authenticity of the product's certification marks as per the guidelines issued by the Ministry of Consumer Affairs. The Lister should support the potential buyers in such diligence.
• Commercial Vehicles & Spares: Prospective buyers of commercial vehicles or spare parts listed on our platform should ensure adherence to the Motor Vehicles Act, 1988, and verify the authenticity of the vehicle's registration documents, fitness certificate, and permit as mandated by the Central Motor Vehicles Rules, 1989. Additionally, buyers should ensure compliance with the safety and performance standards specified by the Automotive Industry Standards (AIS) and seek professional guidance to assess the quality and compatibility of spare parts with the intended vehicle model. The Lister should support the potential buyers in such diligence.
• Furniture: Buyers considering the purchase of furniture from our platform are advised to inspect the product's design, dimensions, and materials physically. It is recommended to the buyers to verify the authenticity of wood-based furniture products by ensuring compliance with the Timber and Timber Products (Quality Control) Order, 2020, and seek clarification on the product's durability, maintenance, and warranty terms before finalizing the purchase. The Lister should support the potential buyers in such diligence.
• Fashion: Prior to purchasing fashion items such as clothing, accessories, or footwear listed on our platform, buyers are advised to review the product's description, size, and material composition. It is recommended to verify the authenticity of branded fashion products by ensuring compliance with the guidelines issued by the Department for Promotion of Industry and Internal Trade (DPIIT) and seek clarification on the product's origin, quality, and return policies before completing the purchase. The Lister should support the potential buyers in such diligence.
• Books, Sports & Hobbies: Buyers interested in purchasing books, sports equipment, or hobby-related items from our platform should review the product's description, condition, and usability physically. Buyers are also cautioned to ensure the genuineness of the product and adherence to intellectual property rights regulations. Buyers are encouraged to seek clarification on the product's authenticity, edition, and return policies before making a purchase. The Lister should support the potential buyers in such diligence.
• Pets’ food and accessories: Prospective listers engaging with listings on our platform should ensure adherence to the guidelines outlined in the FSSAI (Food Safety and Standards Authority of India) and ensure the quality of the feed in lines with the guidelines issued by FSSAI. Additionally, buyers should ensure the health condition of the pets should be considered by potential buyers by themselves prior purchasing the feed from the platform and seek clarification on the pet's feed type, age, vaccination history, and temperament before feeding the respective pet.
• Miscellaneous listed items and advertisement: QIKKADS.COM hereby advise the potential buyers and potential lister and advertisers that the miscellaneous listing items which are not including in the list above on the present date should comply with the respective applicable laws and compliances whereas the potential buyers are advised to know and understand the general laws, compliances and diligence about such listed/ listing items on the Platform by itself.  Potential Buyers may also review the Lister’s/ service provider's credentials, experience, and customer reviews including statutory licenses that are needed to sell Listed Item and to seek clarification on pricing terms, the service scope, deliverables, and dispute resolution mechanisms before engaging with the service provider.

4. CONDUCT

You agree not to post, email, message, host, display,upload, modify, publish, transmit, store, update or share any information onthe Platform, or otherwise make available Content:

• That violates any law, rule, direction, guidline or regulation, etc;
• that’s copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant QIKKADS.COM all of the license rights granted herein;
• that infringes any of the foregoing 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, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
• 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 cognizable offense or prevents investigation of any offense or is insulting any other nation;
• that includes personal identifiable information about another person without that person's explicit consent;
• that impersonates any person or entity, including, but not limited to, an QIKKADS.COM employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" offer;
• that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to QIKKADS.COM users who have requested not to be contacted about other services, products or commercial interests;
• that includes links to commercial services or Third Party Websites, except as specifically allowed by QIKKADS.COM;
• 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, files or programs 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, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
• that belongs to another person and to which you do not have any right;
• that is harmful to the child;
• that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• Additionally, you agree not to:
• contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an 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, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
• 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 metropolitan areas;
• attempt to gain unauthorized access to computer systems owned or controlled by QIKKADS.COM 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 Platform.
• use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of QIKKADS.COM's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
• use any automated device or software that enables the submission of automatic postings on QIKKADS.COM 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
• Any Content uploaded by you shall be subject to relevant laws and may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

5. PAID SERVICES

We may charge a fee to post content in or utilize some areas of the Service (“Paid Services”). By posting Paid Services on the Website, you enter into an agreement with QIKKADS.COM, the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Platform and the Services. Currently, for Paid Services, we offer the features described in the following paragraphs. Only some of these features may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and QIKKADS.COM shall be governed by the laws of India.

A.    Featured Ads: Featured Ads is a feature that enables the display of your advertisement in a designated area of the Website and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website. This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 30 days from the original date of posting the Content on the Website, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you at a discounted price as mentioned on the Website. QIKKADS.COM reserves the right to limit the extent and manner in which Featured Ads may be edited by you.

B.    Boost to Top: Boost to Top is a feature that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted. Your ad will remain in that spot until new advertisements are posted in that category, at which point it will move down accordingly in the listing space. This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. Boost to Top can be availed for an already posted ad, however, it does not increase the validity of an ad which currently 30 days from the posting date.

C.    Auto Boost: Auto Boost is a feature similar to our “Boost to Top” feature (refer above) that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted, just that Auto Boost does this automatically at defined intervals. QIKKADS.COM shall have the sole discretion to determine the frequency of such intervals for bumping of the advertisement that may differ across categories, usage, and geographical location. This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers – all on a continuing basis with the convenience of our systems boosting your advertisement on top, during its validity, at a defined periodicity. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative. Auto Boost can be availed for an already posted ad, however, it does not increase the validity of an ad which currently is 30 days from the posting date.

D.   Paid Ads: The paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 3 advertisements in a category in the last 30 days and the free limit is 3 advertisements per month for such a category, you will not be allowed to post a free advertisement after you have posted your third advertisement. All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits. You can either purchase a single Paid ad or can avail of bulk packages (“Paid ads package”) based on your requirement which shall be provided to you at a discounted price as mentioned on the Website.

The validity of Paid ads/Services:

• Limited Paid ads package – In the Limited Paid ads package, you can post a limited number of ads during the validity of the package. Paid ads in this package shall each be valid for 30 days from the date of posting regardless of when it is posted by you during the life of the Limited Paid ads package.
• Unlimited Paid ads package – In the Unlimited Paid ads package, you can post unlimited ads during the validity of the package. Regardless of when you post an advertisement during the life of the package, the advertisement will only remain valid during the validity of the package.
• Payment for Paid Services: Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as Razerpay offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). QIKKADS.COM may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law. You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status. Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.
• Refunds/Cancellation: If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account. The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.

6. POSTING AGENTS

As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that post Content to the Service on behalf of others. QIKKADS.COM prohibits the use of Posting Agents, except with express written permission or license from the original owner of the listed Items, failing which Lister (Posting Agent)  shall  solely be liable for any breach, infringement, claims, penalties, damages, etc., claimed by the original owner/right holder of such Listed Item, QIKKADS.COM shall not held liable and shall not be party to such breach in any form and manner.

7. ACCESS TO THE SERVICE

QIKKADS.COM 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) subject to conditions mentioned herein above, access to or use of the Service by Posting 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 QIKKADS.COM 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 services 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 such postings displayed on or linked to your website exceeds limits set by QIKKADS.COM, your use will be considered to bein violation of these Terms, unless QIKKADS.COM expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray QIKKADS.COM, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or other wise offensive matter. 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 QIKKADS.COM.

8. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

QIKKADS.COM 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 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 QIKKADS.COM together with a request to QIKKADS.COM to delete the relevant Content in good faith in the claims of infringement form.

In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform please refer to our QIKKADS.COM Counterfeit Policy.

9. INTELLECTUAL PROPERTY RIGHT

You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Section II(C) 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 licensed to QIKKADS.COM, and are subject to copyright and other intellectual property rights under Indian law. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to QIKKADS.COM. 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 Platform are provided to you on an ‘AS IS’ basis 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 or licensees, as applicable. QIKKADS.COM reserves all rights not expressly granted herein to the Platform 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 Platform 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 Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws and, other laws currently enforced in India. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and, other laws currently in force in India. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, 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. USER Submissions

You understand that when using the Platform, you will be exposed to Content from a variety of sources and that QIKKADS.COM 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 QIKKADS.COM with respect thereto.

11. INDEMNITY

You agree to defend, indemnify and hold harmless QIKKADS.COM, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any 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 Platform 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. (v) your negligence in obtaining the required consents, approvals, permissions, and non-adherence to applicable laws, before or after listing the product and services on this platform. (vii) your non-adherence to the applicable laws pertaining to your products and services including but not limited to civil and criminal acts, wrongs, deeds etc.,(vi) your negligence in understanding the terms and conditions of third parties/ channel partners/ select entities/partners prior to availing their products or services offered by them to the users through our platform. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.

12. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to QIKKADS.COM email addresses or through QIKKADS.COM computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time QIKKADS.COM may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the QIKKADS.COM email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of QIKKADS.COM computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

13. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You acknowledge and agree that QIKKADS.COM shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, representatives of our select partners, 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 QIKKADS.COM 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 Platform, or between users and any third party, you understand and agree that QIKKADS.COM is under no obligation to get involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release QIKKADS.COM, 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.