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Filpsell Terms and Conditions

1.0 Introduction

Accessing Filpsell, indicates your consent to be bound by the following terms and conditions of use (‘the T&Cs’).

The current T&Cs are in force as of 17 December 2016 superseding any and all previous terms of use.

2.0 Definitions

“Ad” refers to a published advertisement on Flipsell

“Parties” refers to you and Company

“the service” refers to Flipsell’s service

“User” refers to a person using the services of Flipsell

“You&rdquoa; refers to a user of Flipsell

“Your account” refers to an account of a user

3.0 Use of Flipsell

3.1 The current T&Cs provides the conditions for using Flipsell. Failure to adhere to the following provisions can lead to suspension and/or termination of your account. To be clear, Company reserves the right to suspend or terminate an account of a user if user breaches this term.

3.2 In some circumstances, a breach of these T&Cs may lead to legal action. To be clear, Company reserves the right to sue a user to recover any loss.

 

4.0 User’s liability

4.1 Flipsell is an online platform whereby persons can post classified ads, and respond to ads.

4.2 Users hold full responsibility for the integrity, truthfulness, and appropriateness of the content they publish on Flipsell.

4.3 Users hold full responsibility for any implications and consequences arising from the event of posting content on Flipsell.

4.4 Users must assume full responsibility for arrangements to conclude sales of goods and services. Company completely refrains from involvement in arrangements to conclude transactions on the platform.

5.0 Service access, use of personal information, and purpose of ads

5.1 The service of Flipsell is available to all; however persons under 15 should only use the service with parental/guardian supervision. To be clear, Company disclaims any liability arising from the use of the service by a minor.

5.2 Users must use the online registration form to register. Users must swear that the information they provide is true and accurate. It is duty of the user to inform Company of a material change in account information.

5.3 In the event a user-generated ad will be published on Flipsell, the following pre-requisites must occur. The Company provides an email confirmation of the ad to the user, Company may edit ad, and Company implements and publishes ad online.

5.4 Company reserves a wide discretion to refrain from publishing an ad. Company may refuse to publish an ad without reason.

5.5 Company reserves a wide discretion to remove an ad already published without reason and without notice

5.6 Notwithstanding the broad discretion provided in clauses 5.4 and 5.5, and the ultimate responsibility of the user for content published, the Company reserves the right to refuse to publish an ad which is illegal, inappropriate, and/or that which contravenes good faith.

5.7 Company reserves the right to delete incomplete and/or inactive accounts.

6.0 Termination of agreement by user

6.1 User may terminate agreement by sending an email to Flipsell Contact Office. The user should express a clear desire to cease using the service.

7.0 User liability policy

7.1 Users bear sole responsibility for the representations and statements provided in their content for an ad. User accepts all legal responsibility and absolves Company from any liability.

7.2 User will provide complete and sufficient information regarding the user’s identity, location, contact details, and quality and quantity of products and/or services referred to in the ad.

7.3 Should special conditions, such as cancellation policies, or penalty clauses, affect the sale of products and services, users will provide notice of such in ad.

7.4 User will place ad under appropriate category. To be clear, user will refrain from intentionally placing ad under misleading category.

7.5 User will refrain from posting duplicate or very similar ads

7.6 Users will refrain from any type of misleading and/or deceptive conduct.

7.7 Users acknowledge that the following activities, and related activities are prohibited on Flipsell

  • Illegal, inappropriate, or immoral content
  • Using all type malware, virus-type software aimed at circumventing the purpose of Flipsell and the current T&Cs.
  • Chain letters, pyramid schemes, pyramid selling, direct marketing not related to products and services referred to in ads
  • Unauthorised use of copyright material including copying the ads of others
  • Unannounced and/or unauthorized collection of personal information
  • Acts that burden Flipsell’s service including denial of service attacks
  • any type of misleading and/or deceptive conduct
  • false advertising
  • unfair contract terms

7.8 Company reserves the right to block, freeze, remove, suspend, and/or terminate ads and accounts that are found to be carrying out a prohibited activities as enumerated in clause 7.7 and throughout the T&Cs. Company puts users on notice that it may seek further legal actions. To be clear, Company retains a wide discretion in relation to this clause. Company will take user’s legitimate use of the service into account; however claims of users for paid products and services will not be honoured in relation to activity that is prohibited by clause 7.7.

 

8.0 Indemnification

8.1 User releases Company from all and any claims in relation to the service whether such claims arise from the user or a third party. To be clear, user releases Company from all and any liability arising from the operation of clauses 7.7 and 7.8 in relation to prohibited activities.

8.2 User will indemnify Company in relation to any and all costs arising out of litigation or proposed litigation in relation to the services of Flipsell.

9.0 Fees

9.1 Flipsell is generally a free service. Notwithstanding such, Company reserves the right to charge fees for special services. Company will provide email notice of in relation to special services that involve fees. Email notice will be sent to the user’s Flipsell account.

9.2 Company reserves the right to charge in foreign currencies.

9.3 Persons paying fees agree to be paying the fee as a commercial business and will make their own provisions for the timely payment of tax.

9.4 User agrees the application taxes on a taxable supply is payable by the recipient  and not by the supplier.

9.5 Users shall have period of 7 working days after receiving an invoice to pay fees.

9.6 Company reserves the right to suspend special services in relation to late payments.

9.7 Late payments will occur increase at 6% per day.

10.0 Premium ads (or 5-star ads)

10.1 Uses may purchase premium ads. A premium ad is one which has features in addition to free ads. Fees paid for premium ads are non-refundable. To be clear, if a premium ad is purchased for one month and the user deletes the ad before the one month is complete there is no reimbursement.

11.0 Premium membership (or 5-star membership)

11.1 Users may purchase a premium membership. A premium membership is one which has features in addition to free ads. Fees paid for premium memberships are non-refundable. To be clear, if a premium membership is purchased for one month and the user terminates the memberships before the one month is complete there is no reimbursement.

11.2 Users may select automatic renewal of membership. Fees paid for automatic memberships are non-refundable.

12.0 Intellectual property

12.1 On publishing ad, Company reserves the right to re-post the ad on Flipsell or another website.

12.2 Company reserves the right to edit, modify, or delete ads or portions of ads.

12.3 User has right to request removal or deletion of user’s ad. Company will attempt to remove ad immediately; however, a grace period of 48 hours is required.

13.0 Disclaimer

13.1 User will not hold Company liable for any matter arising out of the ads of that user or the ads of other users.

13.2 User acknowledges that the bulk of ads are outside of Company’s practical control, and agrees to not hold Company responsible for any warranties, statements, and representation concerning products and services advertised on Flipsell.

13.3 User agrees to not hold the Company liable for damages even in circumstances where Company could have reasonably foreseen such damage as likely.   

13.4 Notwithstanding clauses 13.1 to 13.3, in the event Company is found liable to the user or a third party, the liability will be limited to twice the fees paid by the user or third party in that year.

 

14.0 Parole Evidence rule 

14.1 The current T&Cs contain all of the terms and conditions and supersede previous terms and conditions.

15.0 Dispute resolution and exclusive jurisdiction

15.1 In the event of a dispute, user, third party, and Company and representatives agree to keep channels of communication open with a mind of negotiate an outcome in good faith.

15.2 In the event dispute is unable to be solved through negotiation, the parties agree to undergo arbitration.

15.3 The current terms and conditions and disputes that arise in relation to them are to be governed and interpreted under the laws of India.