TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE. BEFORE USING THIS
PLATFORM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND ACCEPT
OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY
PLEASE NOT USE THIS PLATFORM.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
1.1. This Site userbuyer.com and/or any part thereof ("Site") is owned by " Domain
owner, ('Site Owner") Site Owner ("Site Owner", "we", "us" or "our") provides the
Site Owner Services to you ("you" or "your") subject to the terms of this legal
agreement between you and Site Owner. To use the Services (defined below), you
must first agree to and accept these Terms of Service and Use Agreement
("Terms"). Where such express opportunity to agree to the Terms is not present,
your use of the Site and Services (or any part thereof) shall constitute your
agreement to the Terms and your obligation to comply with their requirements.
1.2. The Site Owner hereby grants the User a non-exclusive, non-transferable,
limited license to use the Site, subject to the unconditional acceptance of the Terms
governing this Site.
1.3. The User hereby agrees to familiarize himself/herself with the Terms as well as
other terms and guidelines found throughout this Site and abide by them.
1.4. If the User is dissatisfied with the Site or any portion thereof, or with any of these
Terms, the User's sole remedy is to discontinue using this Site.
2. Definitions
2.1 By USER we mean any person male, female or a transgender using
Userbuyer.com.
2.2 Site owner means the owner of website named userbuyer.com
2.3 Services means any products, services, content, features, technologies, or
functions, and all related websites, applications and services offered to you by us.
2.4 Platform means the websites, mobile apps, mobile sites or other online
properties through which we offer our Services.
3. TERMS TO USE THE SITE
3.1 You must be 18 years of age or older to visit or use the Site in any manner.
3.2 In the event that you are below 18 yrs. of age, you are visiting the Site at your
own risk and you alone shall be liable for your actions.
3.3 By visiting this site or accepting these Terms of Use, you represent and warrant
to the Company that you are 18 years of age or older, and that you have the right,
authority and capacity to use the Site and agree to and abide by these Terms of Use.
3.4 You also represent and warrant to the Company that you will use the Site in a
manner consistent with any and all applicable laws and regulations. By using the
Site, you agree to follow and be bound by all terms and conditions concerning your
use of the Site.
3.5 Certain areas of the Site may have different terms of use posted. If there is a
conflict between the Terms of Use and terms of use posted for a specific area of the
Site, the latter shall have precedence with respect to your use of that area of the
Site.
3.6 userbuyer.com may terminate User’s access to the Site or any part thereof at
any time and for any reason without any notice.
3.7 The provisions regarding disclaimer of warranty, accuracy of information,
software, database other system or functionality of website and indemnification shall
survive such termination.
3.8 userbuyer.com may monitor User’s access to the Site.
3.9 userbuyer.com may change or discontinue any aspect of the Site at any time,
including, its content or features. userbuyer.com reserves the right to change the
Terms of Use applicable to use of the Site. Such changes shall be effective
immediately upon notice, which shall be placed on the Site.
3.10 All contents on the Site are the exclusive property of userbuyer.com except the
third-party content. The software, text, images, graphics, video and audio used on
the Site belong to or are licensed to userbuyer.com or its subsidiaries and affiliates.
3.11 No material from the Site may be copied, modified, reproduced, republished,
uploaded, transmitted, posted or distributed in any form without prior written
permission from userbuyer.com. All rights not expressly granted herein are reserved.
Unauthorised use of the materials appearing on the Site may violate copyright,
trademark and other applicable laws, and could result in criminal or civil penalties.
3.12 You are granted a non-exclusive, non-transferable, limited right to access the
Site and avail the services provided by userbuyer.com.
3.13userbuyer.com does not make any warranties, express or implied, with respect
to any service, information, data, software, system, functionality, statements or
products made available on the Site. The information contained in the Site has been
obtained from sources believed to be reliable. The Site, and all content, materials,
information, software and services provided on the Site, are provided on an “as is”
and “as available” basis.
3.14 userbuyer.com does not warrant that the Site will operate error-free or that the
Site and its servers are free of computer viruses or other harmful mechanisms. If
your use of the Site or content therein results in the need for servicing or replacing
equipment or data, userbuyer.com is not responsible for any such costs.
3.15 Site and content are provided on an “as is” basis without any warranties of any
kind. userbuyer.com to the fullest extent permitted by law, disclaims all warranties,
whether express or implied, including the fitness for particular purpose and non-
infringement. Userbuyer.com makes no warranties about the accuracy, reliability,
completeness, or timeliness of the content, services, software, text, graphics, and
links.
3.16 Userbuyer.com shall not be liable for any damage to User’s computer system or
loss of data that result from the download of any content, materials, and information
from the Site or use of any software, systems, functionality, or other services on the
Site.
3.17 Under no circumstances will userbuyer.com be liable in any way for any
content, including, but not limited to, inaccurate, false, incomplete, threatening,
defamatory, obscene, offensive, illegal content, infringement of other’s rights
including intellectual property rights, for 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
or uploaded. Further, under no circumstances, userbuyer.com shall be liable for any
unlawful act of the User or its affiliates, relatives, employees, agents including
misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other
cyber crimes.
3.18 In no event shall userbuyer.com be liable for damages of any kind, including
without limitation, direct, incidental or consequential damages (including, but not
limited to, damages for lost profits, business interruption and loss of programs or
information) arising out of the use of or inability to use Site, or any information
provided thereon, or any claim attributable to errors, omissions or other inaccuracies
in the Site.
3.19 You may not send, submit, post, or otherwise transmit, material or messages
that contain software virus, or any other files that are designed to interrupt, destroy,
and negatively affect in any manner whatsoever, any electronic equipment in
connection with the use of the Site, or other user’s ability to use the Site.
3.20 User agrees to indemnify and hold Userbuyer.com, its subsidiaries, affiliates,
officers and employees, harmless from any claim, demand or damage, including
reasonable attorney’s fees, asserted by any third party due to or arising out of your
use of or conduct on the Site userbuyer.com reserves the right to disclosure any
personal information about you and your use of the Site including its contents,
without your prior permission if Userbuyer.com has a good faith belief that such
action is necessary
3.21. BILLING OF FRANCHISE/AGENTS
3.21.1 Billing of services by Franchise or Agents may vary according to the
additional work or any other services they provide to the clients. You can accept or
reject the services at your discretion after understanding its service details and
service charges first. Those who want to avoid extra Service charges may try to avail
online paid Services directly.
3.21.2 Userbuyer will be responsible only for the payments made to Userbuyer.com.
3.22. PAID PLANS
3.22.1 Paid plans are subject to change from time to time. Users should pay
attention to this. However, Userbuyer tries its best to offer different affordable rate.
3.23 Orders placed in Userbuyer will not be refunded or cancelled after they are
placed.
3.24 You will receive a refund credit to your account if the order is non deliverable
3.25 Misplaced or Private account orders will not qualify for a refund.
3.26 Be sure to confirm each and every order before placing it.plans that suit the
user.
3.23 INFORMATION CREDIBILITY
The user is responsible for understanding important information that should be carefully
considered, known or convincing regarding all information provided by users on the
site. The userbuyer is not responsible for any inconvenience or loss that may result
from a fall in this regard.
3.24 REVIEWS
3.24.1 User reviews and allegations should be honest and sincere. If there is any
evidence to support the review or allegation, it should be given to the parties
concerned and if not, such reactions should be avoided. Make sure that all
transactions are honest and accurate in order to create and maintain a credibility and
good will about yourself.
Reviews given inadvertently, misleading or out of date will be removed without
warning
3.3. The User understands and agrees that Site Owner is a NETWORK SERVICE
PROVIDER and an INTERMEDIARY within the meaning of Sec. 79 of the Indian
Information Technology Act, 2000 and that the Site merely provides hosting services
to its Registered Users and viewing facilities to persons browsing / visiting the Site.
All the information posted therein has been posted by Registered Users and is third
party user generated content. The Site Owner neither initiates the transmission nor
selects the sender and receiver of the transmission nor selects / modifies the
information contained in the transmission. The Site Owner has no control over the
third party user generated content and shall not be liable for such content.
3.4. Site Owner provides users with access to a wide range of Internet-based,
interactive information services, general and personalized content, and interactive
tools (the "Services") which are accessible through the Site by all methods and
technological mediums currently or prospectively developed. Your use of theSite and
Service are, at all times, subject to all the Terms set forth herein as well as the
policies and guidelines of Site Owner that may be posted and modified from time to
time, all of which are considered part of these Terms, including, without limitation,
the Privacy Policy.
3.5. We recommend that you retain a copy of these Terms in either electronic or
tangible format for your subsequent reference. If you would like a printed copy of
these Terms, it is your responsibility to use the print function available to you by
means of your personal technology resources.
3.6. User agrees not to submit any descriptions, photographs, financial, contact or
other information to the Site unless the User has acquired received all necessary
rights and authorizations from the Owners of the above, including from the
photographer and/or copyright owner of any photographs, to publish and advertise
the same on the Site.
3.7. The User, if so required by the Site Owner may further be required to
substantiate his claims as to the nature and status of the listing by swearing an
affidavit stating the authenticity of the information/data so provided/displayed. Site
Owner may, at its sole discretion but without any obligation to, search for such and
remove listings that are alleged to have been submitted in violation of this provision.
In addition, Site Owner may require additional evidence of compliance with this
provision from Users who are alleged to have submitted listings or other
information/data in violation of the Terms. Additionally, the User agrees to allow the
listing, or any part of it, to be searched, displayed, accessed, downloaded, copied,
and otherwise referred to by users of the Site.
3.8.Site Owner shall have the sole authority to choose the manner in which any
listing will be searched, displayed, accessed, downloaded, copied, and otherwise
used on the Site and Site Owner shall have the right to modify the listing in the
exercise of its rights under this Agreement. In addition to the terms aforementioned.
3.9. The User represents and warrants that all listings and associated information
provided by the User will be accurate;
3.10. That the User will not post any listing on the Site other than that of the User.
3.11. Site Owner reserves, the right to remove without prior notice, all or any part of
the content posted on the Site by the User. User will be solely responsible for
retaining back-up copies of all information, photographs and other materials
furnished/submitted to the Site.
3.12. The User understands and acknowledges that the Site is intended to be an
internet location through which the User may access information carried by Site in
the database maintained by it. The term "Service" would include the search tools
through which the User can search through the hosted databases and information
using a number of search tools that are present with a selection matching their
search criteria. Users then select one or more of the items presented to view the full
document/ record. The term Service does not mean that the Site Owner is acting as
an agent either express or implied on behalf of any person.
3.13. PROVISION OF THE SERVICES BY SITE OWNER
3.13.1. In providing the Services, we do not actively monitor the display,
transmission and exchange of Material (defined below) that is accessible by means
of the Services, nor do we maintain any obligation do to so except as otherwise
determined by us or required by the laws of applicable jurisdictions.
3.13.2 However, subject to the terms of our Privacy Policy, we reserve the right to
monitor the Services for purposes of determining that their usage is in compliance
with these Terms and applicable laws. In addition, and as described elsewhere in
these Terms, we maintain an absolute and unconditional right to review and remove
Material accessible by or transmitted through the Services that, in our sole
discretion, we believe is in violation of the law of these Terms or is unacceptable to
us in our sole discretion.
3.13.3. From time to time and without prior notice to you, we may change, expand and
improve the Site and Services. We may also, at any time, cease to continue operating part
or all of the Services or selectively disable certain aspects of the Services or portions of the
Site. Any modification or elimination of the Services will be done in our sole and absolute
discretion and without an ongoing obligation or liability to you, and your use of the Site and
Services do not entitle you to the continued provision or availability of the Site and Services.
Data and information’s on Userbuyer.com may be published in whole or in part from time to
time in other domains owned by the site owner without warning. All of the terms &
conditions, privacy policy of userbuyer.com may transfer and apply to it.
3.13.4. You may be required to register and create an account ("Account") with Site
Owner in order to access certain features of the Site and Services. Information
gathered through the registration process and information related to your account will
be subject to these Terms as well as to our Privacy Policy. You represent and
warrant that all information provided by you when creating an Account is true,
accurate and complete and that you will maintain, at all times, true, accurate and
complete information related to your Account. You represent and warrant that you
are at least 10 years old. Information related to your Account should be maintained
by you in a confidential manner, as you are solely responsible for the usage of your
Account by any third parties with respect to the Services. It is your responsibility to
advise us if you are aware of any unauthorized access to your Account or if your
Account information has been made available by you to third-parties in a manner
that may result in unauthorized usage of the Account. In our sole and absolute
discretion, we may terminate your Account for any reason (including for reasons
related to unlawful or unauthorized usage) and we are under no obligation to retain a
record of your Account or any data or information that you may have stored by
means of the Account and the Services.
3.13.5. When we jointly provide a service with a non-Site Owner company, you may
be subject to both these Terms and the Terms of the non-Site Owner company. We
encourage you to review the Terms of any non-Site Owner company with which you
do business.
3.14. PROVISION OF THE SERVICES BY SITE OWNER
3.14.1. We use a diverse range of proprietary and authorized third party information,
listings, directories, text, advertisements, User Generated Content, photographs,
designs, graphics, images, sound and video recordings, animation and other
material and effects (which we collectively call the " Material ") on the Site and as
part of the Services FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Accordingly, you may view, use, copy, and distribute the Material found on the Site
or obtained by means of the Services for individual, non-commercial, informational
purposes only and in compliance with the Terms and all applicable laws.
3.14.2. By using the Site and Services, you agree that you will not copy, reproduce,
alter, modify, create derivative works from, rent, lease, loan, sell, distribute or
publicly display any of the Material (except for your own personal, non-commercial
use) from the Site without the prior written consent of Site Owner. In addition, you
will not use the Material for any unauthorized non-commercial marketing and
promotional campaigns, target or mass solicitation campaigns or political
campaigning. You acknowledge that your use of the Site and services to enable the
transmission of unsolicited voice messages, facsimiles or emails is in violation of
these terms and may be in violation of united federal and state laws and regulations
that may subject you to penalties under applicable laws.
3.14.3. You are prohibited from data mining, scraping, crawling, or using any robot,
other automatic device, script, technology or processes that send automated queries
to the Site, or from using other similar methods and tools to gather or extract data
from the Site, without our prior written consent, which consent may be withheld and
withdrawn by us at any time, with or without notice, in our sole discretion.
3.14.4. You may not use the Site and Services to compile data (or any other portion
of the Material), in a manner that is used or usable by a competitive listing product or
service. You may not use any device, software or routine to interfere or attempt to
interfere with the proper functioning and display of the Site and proper operation and
usage of the Services by any other authorized users and third parties.
3.14.5. You are prohibited from modifying or obscuring the manner in which the Site
are displayed or the Services are used, including framing, scraping or any other
technique that would alter the visual display of the Site or the visual display of the
Services and Material. You may not obscure advertisements displayed as part of the
Site and Services, nor modify the advertisements and listings in a way that is
unauthorized. Unless expressly authorized by Site Owner in our sole and absolute
discretion, you may not link to the Site or any portion of the Services (including deep
linking to a specific portion of the Site). You are not permitted to script searches or
search results of the Site in a manner that results in the automated display of
Material on a third party Site.
3.14.6. To the extent applicable, when accessing the Site, utilizing the Services or
using any Accounts, you are required to use the security procedures currently or
hereafter maintained by us to confirm that only authorized users have access to the
Services and any Accounts. You are prohibited from utilizing alter-egos or other
disguised identities when accessing the Site and utilizing the Services. All forms of
indirect and spoofed' access are strictly prohibited. You are prohibited from
attempting to access portions of the site which are not intended for public usage and
the use of any information obtained from non-public portions of the Site is expressly
prohibited.
3.14.7. Do not submit, post or otherwise transmit to us information that is proprietary
or confidential of third parties (whether by law or by contract) or that you otherwise
do not have the legal right to use. Any information, content or other material,
including, but not limited to, any feedback, data, answers, questions, comments,
suggestions, plans, ideas, user reviews or the like, which you send to us will be
treated as being non-confidential and non-proprietary. We assume no obligation to
protect confidential or proprietary information (other than those outlined in our
Privacy Policy ) from disclosure.
3.14.8. You are under no obligation to use or continue to use the Site and Services
and may temporarily or permanently cease using the Site and Services without
notice to Site Owner. Any use of the Site and Services, or any portion thereof, in
violation of the foregoing shall constitute a violation of these Terms and may result
in, among other things, termination or suspension of your rights to use the Site or
any portion thereof.
3.15. INTELLECTUAL PROPERTY NOTICE
3.15.1. Any and all intellectual property rights associated with the Site, Services and
the Material, including the design, text, graphics, pictures, video, information,
applications, software, music, sound, and other files contained therein or related
thereto, and the arrangement thereof, and/or contained in the Site, including, without
limitation, the Site Owner company names and logos and all related products and
service names, design marks and slogans, any inventive concepts, know-how,
publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents
(collectively, the "Intellectual Property"), are the sole property of Site Owner, its
wholly-owned subsidiaries, affiliates, or third parties. Except as expressly and
unambiguously provided herein related to User Generated Content, you do not
possess, and Site Owner does not grant to you, any express or implied rights to any
Intellectual Property and all such rights are retained by Site Owner, its subsidiaries,
parent companies, affiliates and/or any third party owner of such rights. All
authorized copies that you make of the Material or the Site must bear any copyright,
trademark or other proprietary notice located on the Site that pertains to the Material
being copied, and you agree not to remove, obscure, or alter any such proprietary
notices which may be affixed to or contained therein. You shall be solely liable for
any damages resulting from any infringement of copyright, trademark, or other
proprietary right, or any and all harm resulting from your use of or access to Site,
Services and Material.
3.15.2. Without the prior written consent of Site Owner, you are not authorized to (1)
use any Site Owner name or mark, and related marks or any marks in our
Intellectual Property portfolio, in any advertising, publicity or in any other commercial
manner, (2) use any meta tags or any other "hidden text" utilizing any Site Owner
name or mark, and related marks or any marks in our Intellectual Property portfolio,
or (3) use the Site Owner domain name or any domain name that is confusingly
similar to our domain name as a pseudonymous return e-mail address for any
communications that you transmit from another location or through another service.
Any requests for authorization related to the prohibitions of this provision should be
made in writing to the address listed in section 4.1 of these Terms.
3.16. CONTENT LICENSE FROM YOU
3.16.1. As between you and Site Owner, you may possess certain copyright
intellectual property rights you have under law in content that you may submit,
display and/or post via the Site and Services. This content, which includes, but is not
limited to your comments, reviews, analysis, proposals and feedback, submitted in
any form or medium, whether by emails, posting or otherwise, is considered "User
Generated Content." Your use of the Site and Services and your submission and/or
posting of User Generated Content grants Site Owner, and its affiliates, an express,
perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access,
store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose,
sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly
display, distribute and communicate any and all User Generated Content, without
any obligation, notification or compensation to you. This license is granted to Site
Owner with respect to the use of such User Generated Content in connection with
the Site and Services and any subsequent version or modification thereof, and is
subject to limitation only by your removal or Site Owner removal of such User
Generated Content from the Site and Services.
3.16.2. You agree and acknowledge that the foregoing license grants to Site Owner
and its affiliates the full right and authority to use User Generated Contents for any
purpose related to the Site and Services, including the marketing, sale, syndication,
and development of the Site, Services and any successors thereto. This license
includes an unrestricted right and authority for Site Owner to make the User
Generated Content available to sublicense to other companies, organizations or
individuals with whom we have a relationship for the provision of the Services.
3.16.3. You agree and acknowledge that Site Owner and its affiliates may modify,
adapt, reformat, and otherwise alter or make use of your User Generated Content in
such manner as may be required to conform User Generated Content to standards,
protocols, formats and requirements related to the Site and Services and any
medium by which they are accessible currently or prospectively. You agree and
acknowledge that Site Owner and its affiliates are licensed to transmit or distribute
the User Generated Content in all formats and mediums over various networks.
3.16.4.Your use of the Site and your submission and/or posting of User Generated
Content confirms your representation and warranty that you posses all necessary
legal rights, power and authority to grant to Site Owner the foregoing license granted
to Site Owner and its affiliates and you further represent, warrant and agree that
none of the User Generated Content will
(i)violate or infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or
(ii) contain false, intentionally misleading, libellous, defamatory or otherwise unlawful
statements or
(iii) contain information that is antisocial, disruptive, or destructive, including
"flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are
commonly understood and used on the Internet or
(iv) contain information that do not generally pertain to the designated topic or
theme.
3.16.5. The User understands and accepts the fact that the Site Owner cannot and
does not assure the User that other Users will comply with these Terms or any other
provisions of these Terms, and, as between the User and Site Owner, the User
hereby assumes all risk of harm or injury resulting from any such lack of compliance.
3.16.6. The User shall not use the Site in any way that is unlawful, or harms the Site
Owner or any other person or entity.
3.16.7. Site Owner is under no obligation to review any User Generated Content
submitted, posted or otherwise displayed on the Site and assumes no responsibility
or liability relating to any such User Generated Content. You may not imply that any
User Generated Content is any way sponsored or endorsed by Site Owner.
3.16.8. Site Owner reserves the right, but not the obligation, to refuse to post or
remove any User Generated Content at our sole and absolute discretion. Reasons
we may refuse to post or remove such User Generated Content may include, without
limitation, any of the following:
3.16.8.1. Any content that is unlawful, harmful, offensive, threatening, abusive,
harassing, invasive of privacy or publicity rights, defamatory, libellous, vulgar,
obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful,
racially, ethnically or otherwise objectionable or inappropriate material of any kind,
including, but not limited to, any material which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law.
3.16.8.2. Political campaigning, chain letters, mass mailings of any kind or any forms
of SPAM, or reviews that contain the transmission, distribution or delivery of any
unsolicited bulk or commercial e-mail.
3.16.8.3. Accusations and other assertions of unlawful conduct, including
occurrences of illegal activity, malpractice, purposeful overcharging, or health code
violations, or false, misleading, deceptive or fraudulent advertising, including savings
claims that do not offer provable savings.
3.16.8.4. Individual user information or messages including, or soliciting the
submission of, email addresses, URLs, phone numbers, postal addresses and other
personally identifiable information.
3.16.8.5. Any content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. 6.8.6.Any content that makes
reference to or involves gambling, casinos, off-track betting, or other gambling of any
form.
3.16.8.7. Any content that involves alcohol, tobacco or weaponry, or that promotes or
has a connotation to any illegal activity.
3.16.8.8. Reviews submitted by the reviewed business's owners, employees (past or
present), agents, affiliates and competitors.
3.6.8.9. Reviews that are exclamatory or otherwise appear to by purposefully
deceptive, as determined by Site Owner in its sole discretion.
3.16.8.10. Messages that are promotional or commercial in nature, or are
inappropriate based on the applicable subject matter, location or topic.
3.16.8.11. Language that violates the standards of this Site, the Services and
policies of Site Owner and its affiliates as determined by Site Owner in its sole
discretion.
3.16.8.12. Any content that impersonates, disguises or conceals any person or entity
or otherwise misrepresents a user's affiliation with a person or entity.
3.16.8.13. Content that is not readable, that is encrypted or that contains viruses,
malware, trojan horses, worms, time bombs, cancelbots or other computer
programming routines and code that are intended to interfere with, damage, erase,
intercept or appropriate any system, data or personal information.
3.16.8.14. Any content that links (or includes embedded links) to any of the
foregoing, or that link to social networking sites.
3.17. NO ASSURANCES/ NO ENDORSEMENTS MADE BY SITE OWNER/
CONTENT DISCLAIMER
3.17.1.Site Owner communicates information provided and created by advertisers,
content partners, software developers, publishers, marketing agents, employees,
users, resellers and other Third Parties. We have no control over the accuracy of
such information provided by Third Parties, and Material on the Site may include
technical inaccuracies or typographical errors.
3.17.2. We make no guarantees, nor can we be responsible for any information
accessible on the Site or included in the Material, including the currency, content,
quality, copyright compliance or legality of such information, nor are we responsible
for any resulting loss or damage relating to the use of such information. We reserve
the right, in our sole discretion and without any obligation, to make improvements to,
or correct any error or omissions in, any portion of the information accessible on the
Site. Where appropriate, we will endeavor to update information listed on the Site on
a timely basis, but shall not be liable for any delay or inaccuracies related to such
updates.
3.17.3. We do not investigate, represent or endorse the accuracy, legality,
legitimacy, validity or reliability of any products, services, deals, coupons or other
promotions ("Third Party Products and Promotions") or Third Party or User
Generated Content, including advice, ratings, and recommendations contained on,
distributed through, or linked, downloaded or accessed from the Site.
3.17.4. References that we make to any names and marks of Third Parties, and
Third Party Products and Promotions or hypertext links to related Third Party Sites,
do not constitute or imply our endorsement, sponsorship or recommendation of the
Third Party Products and Promotions.
3.17.5. All of the data related to Third Party Products and Promotions including but
not limited to, the prices and the availability of any product or service or any feature
thereof, is subject to change without notice by the party providing the Product or
Promotion.
3.17.6. Site Owner does not make any representations regarding the availability and
performance of the Site or any of the Third Party Sites to which we link. When you
click on advertiser banners, sponsor links, or other external links from the Site, your
browser automatically may direct you to a new browser window that is not hosted or
controlled by Site Owner. Site Owner and its affiliates are not responsible for the
content, functionality, or technological safety of these external sites.
3.17.7. We reserve the right to disable links to or from Third Party Sites to our Site,
although we are under no obligation to do so. This right to disable links includes links
to or from advertisers, sponsors, and content partners and other Third Parties.
3.17.8. Some external links may produce information that some people find
objectionable, inappropriate, or offensive. We are not responsible for the accuracy,
relevancy, copyright compliance, legality, completeness, timeliness or decency of
material contained in any externally linked Websites. We do not fully screen or
investigate business listing Web sites before or after including them in directory
listings that become part of the Material on our Site, and we make no representation
and assume no responsibility concerning the content that Third Parties submit to
become listed in any of these directories.
3.17.9. The Site, Services and any Third Party Sites may contain content provided
by advertisers or other Third Parties that may not be suitable for children. Site Owner
does not knowingly collect personal information from children through the Site.
3.18. SEARCH RESULTS
3.18.1 Certain Services and Material accessible on the Site include search results
that may combine advertising and sponsored business listings ("Paid Advertising
Content") with other business listings that are not Paid Advertising Content.
Depending on the text of user-provided search terms, Paid Advertising Content will
be included in a search results list intermingled with other search results. We do not
undertake to identify which content, if any, is Paid Advertising Content, however, you
agree and acknowledge that results may be displayed in an order or manner which
gives priority to Paid Advertising Content.
3.19. PAYMENT
3.19.1 Where Subscription Fees accrue it shall be payable at or within such time as
stated in the invoice(s) issued by the Site Owner to the User. The Subscription Fees
shall be paid by the User on demand. In case the user disputes the same for any
reason whatsoever, he shall make the payment towards the Subscription Fees
accrued till the resolution of the dispute. In the event of Site Owner deciding the
dispute in the User's favour, the Company shall refund to the User any excess
amount paid by the User free of interest. In case of any delay in the payment by the
User of any sums due, the Site Owner shall have the right to charge interest on the
outstanding amount from the date the payment became due until the date of final
payment by the User.
3.20. DELETIONS FROM SITE AND SERVICES
3.20.1. Site Owner does and may take measures to remove Material and User
Generated Content at the request of the advertiser who has decided to "opt-out" of
the addition of supplemental Material to its advertising, specifically, to ratings and
reviews provided by Third Parties, and User Generated Content.
3.20.2. We reserve the right, but not the obligation, to delete (or to refuse to post to
public forums) without prior notice any Material and User Generated Content we
deem detrimental to the Site or is, in the opinion of Site Owner, defamatory,
infringing or in violation of applicable laws. We reserve the right to exclude the
Material from the Site. The contents from Third Party Sites or User Generated
Contents submitted to us for publication on the Site may be edited for length, clarity
and/or consistency with editorial standards of Site Owner.
3.20.3. If you see objectionable or fictitious content, you may promptly report the
misconduct of users and/or Third Party advertisers included in the Site to Site Owner
to the address listed in grievance section. Site Owner reserves the right to address
such requests individually or on a case-by-case basis.
3.21. WARRANTY DISCLAIMER
3.21.1. Any use of the Site, the Services, reliance upon any of the Material, and any
use of the Internet generally shall be at your sole risk. Site Owner disclaims any and
all responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or the Material accessible by use
of the Site and Services.
3.21.2. The Site and the services (including material and information posted and
accessible therein) are provided "as is" and "as available" without warranty of any
kind, either express or implied or statutory, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement.
Site Owner disclaims, , any warranties regarding the security, reliability, timeliness,
accuracy and performance of the Site, services and material. Site Owner does not
warrant that any defects or errors will be corrected; or that the Site, material or the
internet generally, is free of viruses, errors, other harmful components, or will be
uninterrupted. Site Owner does not warrant that that any defects or errors will be
corrected.
3.21.3. Site Owner disclaims, , any and all warranties, representations and
endorsements, express or implied, including any warranties for any information,
goods, or services, obtained through, advertised or received through any links
provided by or through the Site; or regarding the security, reliability, timeliness,
accuracy and performance of the Site, services and material.
3.21.4. No advice or information provided by site owner, its affiliates, or their
respective employees and agents shall create any warranty.
3.21.5. Neither Site Owner, nor its affiliates, makes any representations, warranties
or guarantees regarding
(1) the operation or performance of the Site, services, or any third party sites,
(2) the nature, content or accuracy (either when posted or as a result of the passage
of time) of any information, material, apparatus or other process contained on,
distributed through, or linked, downloaded or accessed from the Site (including
without limitation, those contained on a third party site),
(3) any products or services purchased on or through a third party site, or any
products or services purchased or obtained as a result of an advertisement or other
information or material on or in connection with this Site, or
(4) the internet generally.
3.22. INDEMNIFICATION
3.22.1. You agree to indemnify and hold us and, as applicable, our parent,
subsidiaries, affiliates, partners, officers, directors, agents, employees, harmless
from any claim or demand, including any and all losses, liabilities, claims, demands,
damages, costs or expenses, causes of action, suits, proceedings, judgments,
awards, executions, and liens, including reasonable attorneys' fees and costs,
whether brought by third parties or otherwise, due to or arising out of:
3.22.2 Your breach of any representation, warranty, covenant or obligation set forth
in these Terms (or any other violation of your agreement with Site Owner on the
basis of the Terms);
3.22.3 Any information, User Generated Content or other material transmitted,
submitted or provided by you through the Site and Services, including your use of
the Site and Services to provide a link to another Site or to upload content or other
information to the Site and, without limitation, our exercise of its rights with respect to
such information;
3.22.4 Your violation of any law, or your violation of the rights of a third party,
including the infringement by you of any intellectual property or other right of any
person or entity;
3.22.5 Your publication or use of any User Generated Content (including, without
limitation, user reviews) displayed on the Site, or
3.22.6 Your use of, or conduct on, any Third Party Site including, without limitation,
(i) any information, software or other material viewed or accessed by you on or
through any Third Party Site (including without limitation, any advertisement or
coupon for products or Services on any Third Party Site),
(ii) any transactions initiated or conducted by you through any Third Party Site
(including, without limitation, any taxes associated therewith and any use by third
parties of your credit card information),
(iii) any products or Services that you bid on, purchase or otherwise obtain on or
through any Third Party Site (including, without limitation, the quality, safety and
legality of such products or Services or the sale thereof),
(iv) any reservations you make on or through any Third Party Site, and
(v) the conduct of sellers of any products or Services that you bid on, purchase or
otherwise obtain on or through any Third Party Site).
3.22.7 The foregoing indemnity obligations will survive any termination of the Terms.
3.22.8 Site Owner reserves the right, at its own expense, to assume the exclusive
defence and control of any matter subject to indemnification by you, which will not
excuse your indemnity obligations under this Section. You agree not to settle any
matter subject to the foregoing indemnification obligations without the express
consent and approval of Site Owner.
3.23. Site Owner reserves the right to seek any and all remedies available at law or
in equity in connection with a violation of these Terms.
3.24. Site Owner reserves the right to investigate complaints or reported violations of
these Terms and to take any action we deem necessary and appropriate. Such
action may include reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties. In addition, we may take action to disclose
any information necessary or appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted Material, IP addresses and traffic
information which are also governed by the Privacy Policy.
3.25. You agree that monetary damages may not provide a sufficient remedy to us
for violations of the Terms and you consent to injunctive or other equitable relief for
such violations.
3.26. Nothing in these Terms is intend to confer upon you or any third parties any
rights, remedies, or benefits not otherwise expressly conferred. Your use of the
Services and Site (including any establishment of an Account or submission of User
Generated Content) does not create any partnership, agency, joint venture, fiduciary
or other similar relationship between Site Owner and you.
3.27. Except as expressly stated herein, the Terms constitutes the entire agreement
between you and Site Owner with respect to the Services, and it supersedes and
replaces all prior or contemporaneous communications, proposals, understandings
or agreement, whether electronic, oral or written, between you and Site Owner with
respect to the Services and/or the subject matter of these Terms.
3.28. User should keep the login credentials safe and should not transfer to another
party.
4. GRIVIENCE
4.1 In accordance with Information Technology Act 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided below:
Mr.___SAJAN S________________________
Address: __Oneness Win Age, Suguna Complex, Room Number A9, Kanjirappally.
Kottayam, Kerala, India________________________________
Phone: +91__6282211371___________________
Phone support hrs .10.....................am to .5.................pm all days
Email:_ Inform @userbuyer.com_ ___________________________
If you have any questions about this Policy or other privacy concerns, you can also
email us at Inform @userbuyer.com
4.2. It is compulsory that users should send mail in writing to the mail id,
[email protected], if there are any complaints, disputes or suggestions
regarding the operation of the web site and that of service providers. Complaints that
are not sent or reported directly are considered a deliberate attempt to exploit
Userbuyer. Avoid such situations.
4.3 Paid plans are subject to change from time to time. Pay special attention to the
Users site. However, Userbuyer tries its best to provide different rate / plans to suit
the user.
4.4 It is compulsory that Users should send mail in writing to the mail id
[email protected] if any complaints, disputes or suggestions regarding the
operation of the web site and that of service providers. Complaints that are not sent
or reported directly are considered a deliberate attempt to exploit userbuyer. Users
should avoid such situations.
4.5 In case the company address changes, the new address will apply to all
transactions.
5. GENUINENESS
5.1. Accuracy of the mobile numbers and contact details, and other information
provided by the users are not guaranteed by Userbuyer.com. It depends upon
various aspects such as the change of users, service providers or user ownership
transfer etc. We are not responsible for the same and any inconvenience caused by
it. Users must directly check the Genuineness of the contents and information
provided category wise in userbuyer.com.
5.2 The photo and information provided in the user’s profile and ads must be
genuine others should not be used. No illicit, illegal or misleading information,
content, images, video and pornography is allowed in userbuyer.com and if it
happens, the perpetrator will be responsible for the consequences and damages
thereby.
5.3 The Userbuyer user acknowledges that he/she/it will neither make any
unnecessary and deliberate disputes, allegations nor seek any unwanted litigations
or complaints with the bad intent of making money beyond the normal use or non -
use of the Services. In case any complaints arise on the basis of the information
provided by the user, the full responsibility of the compensation or solution to be met
is upon the user and at his sole expense. The Userbuyer is fully bound to adhere to
truth, conscience and spotless integrity in his transactions and activities through
Userbuyer inspite of the different laws followed in different countries. And the user
is bound to obey strictly the relevant public laws in his trasactions. No immoral legal
system, disputes, liabilities or compensation are acceptable which run counter to the
abovesaid conditions.
ReplyForward
6. LIMITATION OF LIABILITY
6.1.The User agrees that Site Owner shall not be liable for any direct, indirect,
incidental, special or consequential damages, (including, but not limited to, damages
caused by personal injury, loss of profits, use, data or other intangible, business
interruption, loss of privacy, or any other pecuniary loss) to the User or any third
party resulting from the (i) errors, mistakes, or inaccuracies of content, (ii) Personal
injury or property damage, of any nature whatsoever, resulting from the User's
access to and use of the Site, (iii) any unauthorized access to or use of the Site and
secure 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 Site,
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through the Site by any third party, and/or (vi) any errors or omissions in any content
or for any loss or damage of any kind incurred as a result of the use by the User of
any content posted, emailed, transmitted, or otherwise made available on the Site,
whether based on warranty, contract, tort, or any other law, and whether or not the
Site Owner is advised of the possibility of such damages. The foregoing limitation of
liability shall apply to the fullest extent permitted by law. The Registered User
specifically acknowledges that the Site Owner is only providing a platform at its
absolute discretion to share certain information and shall not be liable for.
6.2. User submissions or the defamatory, offensive, or illegal conduct of any third
party and that the risk of harm or damage from the foregoing rests entirely with the
User.
6.3. The use or the inability to use the Services provided by the Site
6.4. The delivery or the inability to deliver the Services provided by the Site.
6.5. The performance or the inability to perform the Services provided by the Site
6.6. Any costs or consequences resulting from the above acts/omissions or resulting
from the access to, or alteration of User's transmissions or data.
6.7.The User further agrees that the Site Owner shall not be liable to the User or any
third party for any damages arising from any error, interruption, suspension or
termination of, or in, the Site, including but not limited to direct, indirect, incidental,
special, consequential or exemplary damages, whether such interruption,
suspension or termination was justified or not, negligent or intentional, inadvertent or
advertent.
6.8.This Site may contain links to Sites operated by parties other than the Site
Owner, which will cause the User to leave this Site or have access to other Sites.
The User's use of each such other Sites is subject to the terms of use and other
terms and guidelines, if any, contained within each such other Site. In the event that
any of the terms contained herein conflict with the terms of use or other terms and
guidelines contained within any such Site, then the terms of use and other terms and
guidelines for such other Site shall prevail with regard to the use of the Site. The
linked Sites are not under the control of the Site Owner and the Site Owner is not
responsible for the contents of any linked web site or any link contained in a linked
web site, or any changes or updates to such web sites. The Site Owner is providing
these links to the User only as a convenience, and the inclusion of any link does not
imply endorsement by the Site Owner of the other Site
6.9. The User agrees that the Site Owner is not responsible for the accuracy,
completeness or availability of information, content and materials found on other
Sites that link to or from the Site. The Site Owner cannot ensure that the User will be
satisfied with any services that the User purchases from a third-party/ other Site that
links to or from the Site or third-party information, content or materials contained on
this Site (including, without limitation, User-Generated Content contained in the Site).
6.10. The Site Owner does not invite, offer, recommend and/or endorse any of the
information regarding any listing, nor has the Site Owner taken any steps to confirm
the accuracy, completeness or reliability of, any information, content or materials
contained on this Site or on any other third-party Site. The Site Owner does not
make any representations or warranties as to the security of any information, content
or materials (including, without limitation, credit card and other personal information)
the User might be requested to give to any third party. The User hereby irrevocably
waives any claims against the Site Owner with respect to information, content and
materials contained on the Sites (including, without limitation, User-Generated
Content), on third party Sites, and any information, content and materials Users
provide to such third party Sites (including, without limitation, credit card and other
personal information). The Site Owner strongly encourages the User to make
whatever investigation the User feels necessary or appropriate before proceeding
with any online or offline transaction with any third party. Users are also strongly
advised to independently verify the authenticity of any offers received by them. The
Site Owner does not endorse investment in any of the projects and User's
investments shall be entirely at the risk and responsibility of the User.
7.YOUR RIGHTS
7.1 Under certain circumstances, by law you have the right to:
Request access to your personal data (commonly known as a “subject access
request”). This enables you to receive a copy of your personal data and to check that
we are lawfully processing it.Request correction of your personal data. This enables
you to ask us to correct any incomplete or inaccurate personal information we hold
about you. Request erasure of your personal data. This enables you to ask us to
delete or remove your personal data under certain circumstances, for example, if you
consider that there is no good reason for us continuing to process it. You also have
the right to ask us to delete or remove your personal data where you have exercised
your right to object to processing (see below).Object to processing of your personal
data where we are relying on our legitimate interests (or those of a third party) and
there is something about your particular situation which makes you want to object to
processing on this ground. Request the restriction of processing of your personal
data. This enables you to ask us to suspend the processing of your personal data,
for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to another party.
7.2 Depending on the circumstances and the nature of your request it may not be
possible for us to do what you have asked, for example, where there is a statutory or
contractual requirement for us to process your personal data and it would not be
possible to fulfil our legal obligations if we were to stop. Further information on your
rights is available from the Information Commissioner’s Office (ICO).
7.3 If you want to exercise any of the rights described above or are dissatisfied with
the way we have used your information, you should contact us
at [email protected]. We will seek to deal with your request without undue
delay, and in any event in accordance with the requirements of the GDPR. Please
note that we may keep a record of your communications to help us resolve any
issues which you raise.
8..INEVITABLE TERMS
8.1 The Userbuyer user acknowledges that user will neither make any unnecessary
and deliberate disputes, allegations nor seek any unwanted litigations or complaints
with the bad intent of making money beyond the normal use or non use of the
Services. In case any complaints arise on the basis of the information provided by
the user, the full responsibility of the compensation or solution to be met is upon the
user and at users sole expense. In the Userbuyer.com the user is fully bound to
adhere to truth, conscience and spotless integrity in the transactions and activities in
spite of the different laws followed in different countries. And the user is bound to
obey strictly the relevant public laws in the transactions. No immoral legal system,
disputes, liabilities or compensation are acceptable which run counter to the above
said conditions.
8.2 User citizens of any country are required to use Userbuyer’s services subject to
the laws of the country concerned, wherever they use the Site. The User has the
moral responsibility not to do anything illegal to Userbuyer and its customers. Users
must use the Services in accordance with the amended country Laws. The onus is
always on the user to ensure that there are no breaches, lapses or defective
aberrations concerning the users transactions as a whole and violating the law in
particular. In any case, Userbuyer authorities are not responsible for any such
omissions from the user. Anything that is permitted to use the facilities provided by
the User Buyer and without any technical or legal barriers. The intellectually,
physically and mentally fit and sober citizen of the country can also avail its services
morally.
9. SEVERANCE
9.1. If for any reason a court of competent jurisdiction finds any provision of the
Terms to be invalid or unenforceable, the provision will be superseded by a valid,
enforceable provision that most closely matches the intent of the original provision,
and the remainder of the Agreement will continue in effect and remain fully
enforceable.
9.2. You are responsible for compliance with applicable laws, regulations and
ordinances related to your use of the Services.
9.3. The Site, these Terms and the User's use of the Site is governed solely by
Indian law irrespective of where the whole or any part of the data or Site may be
physically located and without regard to conflict of law principles in other
jurisdictions. Use of this Site is unauthorized and prohibited in any jurisdiction that
does not give effect to all provisions of these Terms The Site Owner accepts no
liability whatsoever, direct or indirect for non-compliance by the User with the laws of
any country.
10. JURISDICTION
If you choose to visit the website, your visit and any dispute over privacy is subject to
this Policy and the website's terms of use. In addition to the foregoing, any disputes
arising under this Policy shall be governed by the laws of India. Court of Ernakulam
shall have the exclusive jurisdiction for all activities related to the website including
the privacy policy.
11. DISCLAIMER:
11.1 Userbuyer.com will not be responsible for any damages you or your business
may suffer through the services or ads in this site. Just as a media platform for
different purpose of ads and services.
11.2 Userbuyer.com will not be responsible for any damages you or your business
may suffer.
11.3 I declare that the information furnished in userbuyer.com are true and correct to
the best of my knowledge information and belief. I have read the terms and
conditions associated with the service and I am aware that the terms and conditions
shall apply services availed by me I accept the same as binding on me.
