Terms and Conditions – Whizzad.net
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING WHIZZAD.NET. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User”, “You”) and Abilaja Cyberspace (“Whizzad”, “We”, “Us”, or “Our”), governing your use of the Whizzad.net website, products, tools, and related digital services, including content, features, and applications offered (collectively, the “Platform”).
By using this Platform, you confirm that you have read, understood, and accepted these Terms of Use and the Whizzad Privacy Policy, which together govern your access and usage. If you do not agree to these Terms, you may not access or use the Platform or any of its Services.
In case of any breach or suspected breach of these Terms, Whizzad reserves the right to restrict, suspend, or terminate your access without prior notice and may remove or disable content deemed non-compliant, in accordance with applicable Indian laws including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and any subsequent amendments.
I. Acceptance
II. Description of Service
III. General Guidelines for Listings and Advertisements
IV. User Conduct
V. Paid Services
VI. Device Login Configuration
VII. Posting Agents
VIII. Access to the Service
IX. Notification of Claims of Infringements
X. Intellectual Property Rights
XI. User Submissions
XII. Indemnity
XIII. No Spam Policy
XIV. Dealings with Organizations and Individuals
XV. Limitation and Termination of Service
XVI. Disclaimer of Warranties
XVII. Limitations of Liability
XVIII. Assignment
XIX. Ability to Accept Terms of Service
XX. General Information and Dispute Resolution
XXI. Violation of Terms and Liquidated Damages
XXII. Privacy Policy for Whizzad.net
XXIII. GST Details and Invoicing
XXIV. Customer Care, Grievance Officer, and Nodal Point of Contact
XXV. Dispute Resolution and Governing Law
XXVI. Limitation of Liability and Indemnification
I. Acceptance
Whizzad is operated by Abilaja Cyberspace, registered under GSTIN: 33ARNPB9824H1ZP. The registered office is at Kariyamangalathu Vilai, Kanyakumari. The web-based platform located at www.whizzad.net (“Platform”) and the associated services, features, and functionalities it provides (“Services”) are made available and operated by Whizzad, subject strictly to these Terms of Use (“Terms”).
For the purposes of these Terms, the words “you,” “your,” or “user” shall mean any individual or entity who accesses, browses, uses, registers with, posts material on, or otherwise interacts with the Platform in any manner. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing, registering, or using any aspect of the Platform or Services, you unequivocally and voluntarily acknowledge, represent, and warrant that:
You have read, understood, agree to, and are legally bound by these Terms, our Privacy Policy, and any other posted policies, notices, or guidelines made available on the Platform (collectively, “Policies”).
If you do not agree or are unable to comply with any provision of these Terms or our Policies, you must not access or use the Platform in any manner.
These Terms constitute a binding contract between you and Whizzad, effective immediately on your first use of the Platform or any Services, regardless of whether you register an account.
Use of specific services or features may be subject to additional, supplementary policies or terms; by using such features, you also agree to those terms.
Whizzad expressly reserves the right to amend, update, modify, or replace these Terms, Policies, or any part thereof, at its sole discretion, with or without prior notice. Such modifications may be made at any time and shall become effective immediately upon posting on the Platform (unless specified otherwise). You are responsible for reviewing the Terms periodically for changes. Your continued access to or use of the Platform after any modifications constitute your conclusive acceptance of the revised or updated Terms.
If at any time you are dissatisfied with the Platform, the Services, any content therein, or these Terms, your sole and exclusive remedy is to discontinue using the Platform.
You further warrant that, where you are accessing the Platform or using Services on behalf of a business, entity, or organization, you are duly authorized to do so and to bind such business, entity, or organization to these Terms.
If you are under the age of eighteen (18) or otherwise not legally competent to form a binding contract, you may use the Platform only with the consent and supervision of your parent or legal guardian.
II. Description of Service
Whizzad.net operates as an online platform, acting solely as an intermediary to facilitate connections between our users. Our platform enables users who comply with these Terms of Use to offer, sell, and buy listed items (“Listed Items”).
A. Role of Whizzad.net in Transactions: While Whizzad.net may integrate third-party vendors to enable payment and other transaction-related activities, Whizzad.net is not directly involved in such transactions. You acknowledge and agree that Whizzad.net is not a party to any transactions conducted between users or with third-party vendors. We have no control over any element of these transactions and bear no liability to any party in connection with them. Your use of the Service and the Platform is entirely at your own risk.
B. Partnerships for Additional Services: Whizzad.net collaborates with selected partners and entities to offer additional services that may enhance your experience in buying or selling Listed Items. These partners aim to provide facilities that streamline your buying and selling process. You understand that Whizzad.net enters into these partnerships solely to improve your platform experience and offer efficient solutions. By choosing to accept services from any such partner, you acknowledge that you are transitioning outside the direct scope of the Whizzad.net Platform and its Services. Whizzad.net does not exercise control over the terms and conditions of services provided by these partners or entities. It is your sole responsibility to evaluate and understand their respective terms and policies. Whizzad.net shall not be responsible for any services availed from, or payments made to, such third parties. Any concerns or claims regarding these additional services must be directed to the respective third parties. You may opt-out of such additional services in accordance with our Privacy Policy and the policies of the third parties, exercising your own due diligence and assuming all associated risks and expenses.
C. Content Management and Moderation: Whizzad.net serves as a marketplace where users (“Listers”) can publish, advertise, and list their Listed Items. Whizzad.net does not own, manage, or take possession of the listings, nor is it a party to any interactions or contracts between Listers and potential buyers. Whizzad.net clarifies that it is not a developer, broker, or agent, and does not act in any capacity as an agent for any user, advertiser, Lister, or buyer. By using this platform, you acknowledge that Whizzad.net exercises no control over the content of listings, including but not limited to any information provided therein. However, Whizzad.net reserves the sole right to monitor and moderate content at its discretion for platform operation, fraud prevention, compliance with applicable laws, and quality assurance. We reserve the right to take any suitable action to ensure these objectives are met. If you are a Lister or an advertiser, you further acknowledge that Whizzad.net has the right, but no obligation, to monitor the use of your listing and verify the information you provide.
D. User Responsibility for Content and Third-Party Links: You understand that Whizzad.net does not control, and is not responsible for, ads, directory information, business listings/information, messages between users, communications with select partners (including emails from outside Whizzad.net’s domain or other electronic communication means), whether through the Platform or other Third-Party Websites (defined below), or any offerings, comments, user postings, files, images, photos, videos, sounds, or other material made available through the Platform and the Service (“Content”). By using the Platform and the Service, you acknowledge that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are solely responsible for evaluating and bearing all risks associated with your listing. This includes, but is not limited to, claims, infringements, damages, suits, losses, fines, penalties, or any other actions brought against you by any local or statutory authorities. You agree that you may not rely on said Content, and that under no circumstances will Whizzad.net be liable in any way for the Content or for any claims, infringements, damages, suits, losses, fines, penalties, or any other actions against you by any local or statutory authorities arising from Browse, using, or reading any Content listed, emailed, or otherwise made available via the Service. You acknowledge and agree that Whizzad.net cannot and does not pre-screen or approve any Content. However, Whizzad.net retains the right, in its sole and absolute discretion, to refuse, delete, or move any Content that is or may be available through the Service if it violates these Terms (and such violation is brought to Whizzad.net’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 may or may not be related to Whizzad.net. If you are directed to such Third-Party Websites, you will be subject to their respective terms and conditions and privacy policies. Whizzad.net makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your use of any other websites linked from our Platform is completely at your own risk. As an intermediary, Whizzad.net disclaims all liability thereto.
E. Your Content: Ownership, Responsibility, and Licensing: As a Lister and/or advertiser, you acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service, and for 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 any Content you post, transmit, or link from the Service, you affirm, acknowledge, represent, warrant, and covenant that: (i) You own, or have (and shall continue to have, for the duration the Content is available on the Platform, subject to Section III below), 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). You also authorize Whizzad.net to use such Content to enable its inclusion and use in the manner contemplated by the Service, the Platform, and these Terms. (ii) You have obtained the written consent, release, and/or permission of each and every identifiable individual person or business within the Content to use their name or likeness to enable the 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 Whizzad.net 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 as outlined in our Privacy Policy) in connection with the Platform and Whizzad.net’s (and its successor’s) business. This includes, 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 necessary for Whizzad.net to host and display your Content. Furthermore, by posting Content to any public area of the Service, you agree to and hereby grant to Whizzad.net 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 part of the Service, Whizzad.net may offer the facility of automatically capturing a “Description” for your ad based on the images you upload. Whizzad.net makes no warranty on the veracity or accuracy of any such generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user and Whizzad.net a non-exclusive license to access your Content through the Platform, and the right to contact you with regard to the Content posted by you through private chat or any other means offered on the platform. The foregoing license to each user granted by you terminates once you or Whizzad.net remove or delete such Content from the Platform. Further, you grant Whizzad.net the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
F. Disclaimer of Endorsement and Enforcement: Whizzad.net does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Whizzad.net expressly disclaims any and all liability in connection with User Content. Whizzad.net does not permit copyright infringing activities or infringement of intellectual property rights on the Platform. Whizzad.net 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. Whizzad.net reserves the right to remove any Content without prior notice. Whizzad.net 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. Furthermore, at its sole discretion, Whizzad.net reserves the right to decide whether any Content is appropriate and complies with these Terms.
III. General Guidelines for Listings and Advertisements
This section outlines the responsibilities and guidelines for both users creating listings (Listers) and those interacting with them (potential Buyers). These guidelines are crucial for ensuring a safe, transparent, and legally compliant marketplace.
A. Submission Guidelines for Listings, Advertisements, and Publishing:
i. Required Rights and Authorizations for Listers: Listers warrant and agree not to submit any descriptions, photographs, financial, contact, or other information pertaining to a Listed Item, or any advertisement of an already Listed Item and/or additional product, service, or property on Whizzad.net’s Platform (“Advertisement”), unless they have acquired and received all necessary rights and authorizations. This includes obtaining consent from the owner of such Listed Item and/or Advertisement, or a valid power-of-attorney holder, and specifically from the photographer and/or copyright owner of any photographs, to legally sell, lease, rent, publish, list, and advertise the said Listed Item and/or Advertisement on Whizzad.net’s website and app. Similarly, Whizzad.net takes no ownership, directly or indirectly, over any banners hosted on its website by its customers, as these are strictly in the nature of selling advertisement space by Whizzad.net. We do not conduct independent verification of the authenticity of such images, banners, or listings. Some listings may incorporate third-party video content provided for general informational purposes only; such content does not constitute a recommendation, solicitation, or an attempt to influence any purchase or decision. Whizzad.net and the providers of such video content make no guarantees as to its accuracy or completeness.
ii. Age Restriction and Child Protection in Advertising: The Whizzad.net platform is intended exclusively for users who are 18 years of age or older (majors). We do not promote the use of our platform by any person under 18 years of age (minors). Listers further agree to strictly adhere to ethical advertising practices concerning children. This includes, but is not limited to, refraining from advertisements that: * Condoning, encouraging, or emulating dangerous behavior for children. * Taking advantage of children’s inexperience, credulity, or sense of loyalty. * Exaggerating product/service features to create unrealistic expectations for children. * Condoning or encouraging practices detrimental to children’s physical or mental well-being. * Implying children will be ridiculed or feel inferior for not purchasing advertised goods/services. * Directly exhorting children to purchase goods/services or persuade others on their behalf. * Using qualifiers like ‘just’ or ‘only’ to deceptively minimize prices when additional costs apply. * Featuring children in advertisements prohibited by law (e.g., tobacco, alcohol-based products). * Featuring personalities from sports, music, or cinema for products requiring health warnings or those children cannot purchase. * Making it difficult for children to judge the size, characteristics, and performance of advertised products, or to distinguish between reality and fantasy. * Exaggerating what is attainable by an ordinary child using the product. * Exploiting children’s susceptibility to charitable appeals without explaining the extent of their participation’s impact. * Requiring a purchase to participate in promotions and including direct exhortations to children to make a purchase. * Claiming consumption of a product enhances intelligence or physical ability without valid substantiation. * Claiming health or nutritional benefits without adequate scientific evidence. * Publishing advertisements in mass media (including network games) for medical services, drugs, dietary supplements, medical instruments, cosmetic products, liquor, or cosmetic surgery that are adverse to children’s physical and mental health. Additionally, such advertisements should not foster a negative body image in children or give the impression that advertised goods or services are superior to natural or traditional foods. Promotional gifts used to persuade children to buy non-essential goods or services, or promoting illogical consumerism, are strictly discouraged.
iii. Lister’s Compliance with Laws and Transparency: Listers agree to comply with all applicable laws and regulations and shall ensure that their listings and advertisements on the Whizzad.net platform fully adhere to all relevant legal and regulatory requirements. This includes, but is not limited to, those pertaining to licensing, consumer protection, and product safety. Listers commit not to engage in unfair trade practices and to provide clear and easily accessible information to consumers. This information must include: the name of their business (whether registered or not), a geographic address, a helpline number (when requested by Whizzad.net), any ratings or aggregated feedback, clear pictures of their products and/or services, and any other necessary details. Upon written request from Whizzad.net, Listers will immediately supply information such as the principal geographic address of their headquarters and branches, website details, email address, and other information essential for effective dispute resolution. Furthermore, Listers shall promptly disclose information related to returns, refunds, exchanges, warranties, guarantees, delivery, shipment, modes of payment, grievance redressal mechanisms, and any other relevant details. Information regarding available payment methods, their security, any applicable fees or charges, procedures to cancel regular payments, charge-back options, and contact information of the Listers will be provided to consumers. Additionally, Listers will provide a clear and intelligible explanation of the main parameters that determine the ranking of goods on their Listing/Advertisement, including the relative importance of these parameters. Listers must adhere to and shall be bound by all policies, rules, and guidelines published from time to time on the Whizzad.net Platform, including those available at our Help & Support section. Listers are required to keep themselves updated on such policies and guidelines on a regular basis.
iv. Whizzad.net’s Right to Monitor and Take Action: Whizzad.net may, at its sole discretion but without any obligation, search for and remove Listed Items posted on its website by Listers that are alleged to have been submitted in violation of the above provisions. Whizzad.net may also request additional evidence of compliance from Listers who are alleged to have submitted listings in violation of these terms and conditions. Whizzad.net 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 their listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the Whizzad.net website. Whizzad.net shall have the sole authority to determine the manner in which any listing will be searchable, displayed, accessed, downloaded, copied, and otherwise used on Whizzad.net’s website and app, and retains the right to modify the listing in the exercise of its rights under these terms and conditions.
B. Guidelines for Potential Buyers and Listers (Due Diligence):
At Whizzad.net, we prioritize transparency and reliability. We strongly advise both Listers and 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 essential guidelines:
i. Independent Verification: Users and potential buyers should conduct comprehensive checks to verify the authenticity of the Listed Item, including its suitability for purchase or rental. This verification must be done at the user’s/potential buyer’s own expense and in a manner deemed appropriate.
ii. Whizzad.net’s Role as Intermediary: As an online marketplace and merely an intermediary, Whizzad.net does not validate the authenticity of content provided in its services. Users/potential buyers should be aware that content is uploaded by Listers and Advertisers, and Whizzad.net does not filter or independently verify the same. However, we commit to taking prompt remedial measures upon receiving valid complaints.
iii. Ownership Verification: Users/potential buyers are advised to conduct a comprehensive check of ownership to verify the credentials of owners or landlords.
iv. Personal Inspection: It is strongly recommended that users/potential buyers personally visit project sites or Listed Items to ensure the authenticity and physical existence of the Listed Item and/or Advertisement.
v. Caution with Documents: Where applicable, users/potential buyers should exercise extreme caution and conduct due diligence regarding the required and valid documentation from the Lister and/or Advertiser.
vi. Compliance with Regulations: Where applicable, 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.
vii. Transaction Facilitation: Please note that Whizzad.net serves as an intermediary platform and does not facilitate, negotiate, or assist in sales between Listers/Advertisers and potential buyers. While we rely on the information provided by Listers for displaying Listed Items on our platform, users/potential buyers are strongly encouraged to validate all information and thoroughly review terms and conditions before making any decisions.
C. Category-Wise Non-Exhaustive Mandatory Guidelines and Checks:
The following is a non-exhaustive list of specific guidelines and checks for various categories. Listers are expected to provide supporting documentation and cooperation for buyer diligence, and buyers are responsible for performing these checks.
Cars and Bikes:
Buyers: Verify compliance with the Motor Vehicles Act, 1988 (e.g., Form 29, state NOC). Thoroughly inspect vehicle documentation (registration, insurance, PUC certificate). Verify compliance with emission norms as per Central Motor Vehicles Rules, 1989. Conduct a detailed physical examination of the vehicle’s condition, roadworthiness, and safety features in accordance with Bureau of Indian Standards (BIS) standards.
Listers/Sellers: Legally liable to ensure RC transfer to the end buyer’s name and physical presence at the respective RTO for “Party Peshi.”
Whizzad.net: Not liable for RC transfer, RTO presence, or dispute resolution between Lister and potential Buyer.
Properties:
Buyers: Conduct due diligence per the Real Estate (Regulation and Development) Act, 2016 (RERA). Verify all relevant legal documents, including: ownership deeds, land titles, building approvals, clearances from local authorities (e.g., 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 zoning regulations under respective state’s town planning laws), and ensure adherence to National Building Code of India, 2016 and state-specific building bye-laws.
Listers: Agree to obtain and ensure renewals of all aforesaid permissions, approvals, and certifications for the project/land/apartment/plot/building/house listed or advertised. Must furnish a brief background of such property regarding title, ownership, and possession. Whizzad.net may require supporting documents for claims and/or an affidavit stating the authenticity of provided information.
Mobiles:
Buyers: Thoroughly and physically inspect the device’s specifications, condition, and functionality. Verify the authenticity of the mobile phone’s IMEI number as per Department of Telecommunications (DoT) guidelines.
Listers: Must support potential buyers in such diligence.
Jobs:
Job Seekers (Buyers): Exercise caution by verifying the authenticity of job offers, including employer’s registration status and compliance with Indian labour laws. Ensure transparency in recruitment processes and seek clarification on any discrepancies before applying or interviewing.
Listers: Must support potential buyers/users by producing relevant documents for diligence.
Electronics and Appliances:
Buyers: Inspect product specifications, condition, and warranty terms. Ensure adherence to safety and quality standards prescribed by Bureau of Indian Standards (BIS) and verify authenticity of product’s certification marks as per Ministry of Consumer Affairs guidelines.
Listers: Must support potential buyers in such diligence.
Commercial Vehicles & Spares:
Buyers: Ensure adherence to the Motor Vehicles Act, 1988. Verify authenticity of vehicle’s registration, fitness certificate, and permit as mandated by the Central Motor Vehicles Rules, 1989. Ensure compliance with safety/performance standards specified by Automotive Industry Standards (AIS). Seek professional guidance to assess quality and compatibility of spare parts.
Listers: Must support potential buyers in such diligence.
Furniture:
Buyers: Physically inspect product design, dimensions, and materials. Verify authenticity of wood-based furniture by ensuring compliance with the Timber and Timber Products (Quality Control) Order, 2020. Seek clarification on durability, maintenance, and warranty.
Listers: Must support potential buyers in such diligence.
Fashion:
Buyers: Review product description, size, and material composition. Verify authenticity of branded fashion products by ensuring compliance with Department for Promotion of Industry and Internal Trade (DPIIT) guidelines. Seek clarification on origin, quality, and return policies.
Listers: Must support potential buyers in such diligence.
Books, Sports & Hobbies:
Buyers: Physically review product description, condition, and usability. Ensure genuineness and adherence to intellectual property rights. Seek clarification on authenticity, edition, and return policies.
Listers: Must support potential buyers in such diligence.
Pets’ Food and Accessories:
Listers: Ensure adherence to FSSAI (Food Safety and Standards Authority of India) guidelines and quality of feed.
Buyers: Consider the health condition of pets themselves prior to purchasing feed. Seek clarification on pet’s feed type, age, vaccination history, and temperament.
Miscellaneous Listed Items and Advertisements:
Listers and Advertisers: Must comply with all respective applicable laws and compliances for miscellaneous items not explicitly listed above.
Potential Buyers: Advised to understand the general laws, compliances, and diligence required for such items. May review Lister’s/service provider’s credentials, experience, and customer reviews, including statutory licenses needed to sell Listed Items, and seek clarification on pricing terms, service scope, deliverables, and dispute resolution mechanisms before engaging.
IV. User Conduct
By using the Whizzad.net platform, you expressly agree to adhere to the following standards of conduct. Your adherence ensures a safe, lawful, and effective marketplace for all users.
A. Accuracy and Truthfulness of Listings: You hereby undertake that all descriptions, images, and any other content you provide pertaining to your goods or services on the Platform are accurate, complete, and directly correspond with the appearance, nature, quality, purpose, and all other material features of such good or service. Misrepresentation is strictly prohibited.
B. Prohibited Content and Information: You explicitly undertake not to post, email, message, host, display, upload, modify, publish, transmit, store, update, or share any information or otherwise make available Content on the Platform that:
Violates Laws: Contravenes any applicable law, rule, direction, guideline, or regulation in force within India or any relevant jurisdiction.
Infringes Intellectual Property: Is copyrighted, patented, protected by trade secret, trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the rightful owner of such rights or possess explicit permission or a valid license from the owner to post the material and grant Whizzad.net all the necessary license rights as specified in these Terms.
Unauthorized Content: Infringes upon the intellectual property rights of any party, or is Content you do not have a legal right to make available under any law, regulation, or a contractual or fiduciary relationship.
Harmful or Objectionable Content: 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 or ethnically objectionable. This also includes content that is disparaging, relates to or encourages money laundering or gambling, harms or could harm minors in any way, promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence, or is otherwise unlawful or inconsistent with the laws in force.
Discriminatory Content: Harasses, degrades, intimidates, or expresses hatred towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Employment Law Violations: Violates any local equal employment laws, including but not limited to those prohibiting the stating of a preference or requirement in any employment advertisement based on an applicant’s race, color, religion, sex, national origin, age, or disability.
Threats to National Security/Public Order: Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. This also includes content that causes incitement to the commission of any cognizable offense, prevents the investigation of any offense, or is insulting to any other nation.
Unauthorized Personal Data: Includes personally identifiable information about another person without that person’s explicit and informed consent.
Impersonation: Impersonates any person or entity, including but not limited to a Whizzad.net employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
Deceptive Communication: Deceives or misleads the addressee about the origin of such messages, or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact.
Fraudulent Offers: Is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer.
Spam/Unsolicited Advertising: Constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature.
Improper Advertising Placement: Constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform not specifically designated for such purposes; or (2) e-mailed to Whizzad.net users who have expressly requested not to be contacted about other services, products, or commercial interests.
Unauthorized Commercial Links: Includes links to commercial services or Third-Party Websites, except as explicitly permitted by Whizzad.net.
Prohibited Items/Services: Advertises any illegal services or the sale of any items prohibited or restricted by applicable law, including, without limitation, items whose sale is prohibited or regulated by applicable law.
Malware/Viruses: Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment, or any other computer resource.
Service Disruption: Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or otherwise negatively affects other users’ ability to use the Service.
Disguised Origin: Employs misleading email addresses, forged headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
Unowned Content: Belongs to another person and to which you do not have any right.
Harm to Children: Is harmful to a child.
C. Prohibited Activities on the Platform: Additionally, you specifically undertake not to:
Price Manipulation: Manipulate the price of goods or services offered on the Whizzad.net platform in a manner that aims to gain unreasonable profit by imposing an unjustified price on consumers, without regard to prevailing market conditions, the essential nature of the good or service, or any extraordinary circumstances.
Consumer Discrimination: Discriminate between consumers of the same class or make any arbitrary classification of consumers affecting their rights under the Consumer Protection Act, 2019.
Unsolicited Contact/Harassment: Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose. Specifically, this includes contacting any user to post an advertisement on a third-party website or posting any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone.
Defamatory Comments: Make any libelous or defamatory comments or postings to or against anyone.
Data Scraping: Collect personal data about other users or entities for commercial or unlawful purposes, or use automated means, including spiders, robots, crawlers, data mining tools, or the like, to download or scrape data from the Service, except for legitimate internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our
robots.txt
file.Irrelevant/Excessive Posting: Post Content that is outside the designated local area or not relevant to it, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure.
Duplicate Posting: Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas.
Unauthorized Access/Interference: Attempt to gain unauthorized access to computer systems owned or controlled by Whizzad.net, 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.
Automated Flagging Tools: Use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of Whizzad.net’s “flagging system” or other community control systems without each flag being manually entered by a human user who initiates the flag (an “automated flagging device”). This also prohibits using such flagging tools 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.
Automated Posting Devices: Use any automated device or software that enables the submission of automatic postings on Whizzad.net 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.
D. Consequences of Non-Compliance: Any Content uploaded by you shall be subject to relevant laws and may be disabled or become 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, Whizzad.net may immediately terminate your account, block your access to the Site, and reserves the right to remove any non-compliant Content uploaded by you.
V. Paid Services
Whizzad.net may offer certain premium features and functionalities designed to enhance visibility or provide additional benefits within our Service (“Paid Services”). By opting into and utilizing any Paid Services on the Whizzad.net Platform, you enter into a binding agreement with Whizzad.net, the terms of which are set forth herein. All provisions of these Terms of Use relating to Content shall also apply to Paid Services. Furthermore, your use of the Platform and the Services continues to be governed by the entirety of these Terms.
Currently, our Paid Services may include the features described below. Please note that the availability of specific features, their pricing, and applicability may vary based on your usage patterns, the chosen category of listing, geographical location, and the method of purchase. The terms governing our Paid Services and the relationship between you and Whizzad.net shall be governed by the laws of India.
A. Featured Ads: “Featured Ads” is a premium feature designed to give your advertisement enhanced prominence. It enables the display of your listing in designated, high-visibility areas of the Whizzad.net Platform and/or in a visually highlighted manner (depending on the device or platform used for viewing). This serves to distinguish your content from standard listings. Within the designated “Featured Ads” sections, listings are displayed sequentially. Therefore, a specific Featured Ad may not be continuously visible each time a user browses the Platform. This feature is provided to help users attract more attention to their advertisements and potentially increase responses from prospective buyers. Whizzad.net does not guarantee a specific quantity or increase in responses, and any representations on the Platform in this regard are purely indicative and not a guarantee of outcome. The duration for which your advertisement will be displayed as a “Featured Ad” will be the number of days specified at the time of purchase, or 30 days from the original date of posting the Content on the Platform, whichever period is shorter. There is no limit on the volume of Featured Ads you may post on the Platform. You have the option to purchase a single Featured Ad or acquire bulk packages (“Featured Ads Packages”), which may be offered at a discounted price as displayed on the Platform. Whizzad.net reserves the right to limit the extent and manner in which Featured Ads may be edited by you after purchase.
B. Boost to Top: “Boost to Top” is a feature that elevates your advertisement to the top of the listing space within the specific city and category where the advertisement has been posted. Your ad will maintain this elevated position until new advertisements are posted within that category, at which point it will move down accordingly in the listing hierarchy. This feature is intended to help users draw attention to their live advertisements and potentially increase the likelihood of receiving responses from potential buyers. Whizzad.net does not guarantee a specific quantity or increase in responses, and any representations on the Platform in this regard are purely indicative and not a guarantee of outcome. “Boost to Top” can be availed for an already posted ad; however, it does not extend the original validity period of the ad, which is currently 30 days from its initial posting date.
C. Auto Boost: “Auto Boost” is a feature similar to our “Boost to Top” service (refer to Section V.B above) that automatically elevates your advertisement to the top of the listing space in its specific city and category at predefined intervals. Whizzad.net retains the sole discretion to determine the frequency of these boosting intervals, which may vary across different categories, user usage patterns, and geographical locations. This feature is designed to continuously draw attention to your live advertisements throughout their validity period, offering the convenience of automated boosting to the top. This aims to increase the likelihood of receiving responses from potential buyers. Whizzad.net does not guarantee a specific quantity or increase in responses, and any representations on the Platform in this regard are purely indicative and not a guarantee of outcome. “Auto Boost” can be availed for an already posted ad; however, it does not extend the original validity period of the ad, which is currently 30 days from its initial posting date.
D. Paid Ads: “Paid Ads” is a feature that allows you to post advertisements even after you have exhausted your free listing limits within a particular category. A “free limit” defines the maximum number of advertisements you can post without charge in each category within a specified periodicity. This limit may differ across various categories, user usage, and geographical locations. For example, if you have posted 3 advertisements in a category within the last 30 days, and the free limit for that category is 3 advertisements per month, you will not be permitted to post another free advertisement after your third one. All advertisements posted through your account will contribute towards these free limits. Any subsequent change of your phone number after posting an ad will not affect your available limits. You can either purchase a single Paid Ad or opt for bulk packages (“Paid Ads Packages”), which may be provided to you at a discounted price as displayed on the Platform.
E. Elite Buyer: To enhance visibility and engagement between buyers and Listers, Whizzad.net offers an optional paid service titled “Elite Buyer.” This package is specifically designed to provide additional features and prominence to interested buyers. Under the “Elite Buyer” package, buyers receive enhanced visibility in the lister’s search results for buyers, including a “Pin to Top” position in the lister’s view and an “Elite Buyer” badge displayed alongside their profile from Whizzad.net. This aims to improve the buyer’s reach to the Lister.
F. Elite Buyer Pro: The “Elite Buyer Pro” paid service includes all the features of the Elite Buyer package, with the added benefit of gaining access to the Lister’s contact number. Upon clicking, the Whizzad.net Platform will facilitate redirection to the user’s phone dialer for direct communication with the Lister.
Validity of Paid Ads/Services:
Limited Paid Ads Package: In a “Limited Paid Ads Package,” you can post a specific, finite number of ads during the package’s validity period. Each individual paid ad posted within this package will be valid for 30 days from its posting date, regardless of when it was posted during the lifespan of the “Limited Paid Ads Package.”
Unlimited Paid Ads Package: In an “Unlimited Paid Ads Package,” you can post an unlimited number of ads during the package’s validity period. However, regardless of when an advertisement is posted during the life of the package, the advertisement itself will only remain valid for the duration of the package’s validity.
Payment for Paid Services: Upon selecting any feature of our Paid Services, you may be redirected to a secure third-party payment processing site, such as PayU (or similar providers), which offers various payment channels including net banking, debit cards, and credit cards (“Payment Gateway”). Whizzad.net may also, at its discretion, offer alternative payment channels like cash collection. You agree that Paid Services will be activated and made available to you only upon receipt of payment confirmation from the Payment Gateway or designated collection agencies. By making any payment to us, through any medium whatsoever, you warrant that you are legally entitled to use the chosen payment medium and make the payment to us under all applicable laws. You have the option to provide your Goods and Services Tax Identification Number (GSTIN) on the Platform. Providing your GSTIN details is mandatory for the proper passing on of the Goods and Services Tax (GST) credit charged. In the event that 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 explicitly mentioned on the Platform, all prices indicated are inclusive of applicable taxes.
Refunds/Cancellation Policy: Should you choose to delete or deactivate any Paid Services, Whizzad.net will not be liable to refund you for any unutilized time or services. In the event that you are unable to avail of the Paid Services on the Platform due to any technical issues on our part, and upon confirmed receipt of your payment, equivalent units of the paid feature (corresponding to the ad units you were unable to post) shall be credited to your account against the respective paid service, if applicable. For example, if you purchase a package of 3 Featured Ad units, consume 2 units, but are unable to post the remaining 1 ad unit as a Featured Ad due to a technical glitch during the package’s validity, then 1 unit of Featured Ad will be credited back to your account. The aforementioned refund policy shall not be applicable in any of the following circumstances:
Any content within your advertisement is found to be violating these Terms of Use.
There has been any abuse or misconduct reported in relation to your advertisement.
Your advertisement is deleted or not re-posted on the Platform due to any technical reasons arising from subsequent editing done by you.
VI. Device Login Configuration
To enhance account security and promote the responsible use of Whizzad.net’s services, a device login limitation procedure has been implemented for all seller/Lister and buyer accounts (collectively, “User”). This procedure defines specific access limits, enforcement mechanisms, and usage rights.
For Users who have not purchased any Paid Services, account access is restricted to a single device at any given time.
For Users who have availed any Paid Services of the Platform, access to their Whizzad.net account is permitted on up to five devices simultaneously, following successful One-Time Password (OTP) verification for each individual device.
In cases where five devices are already logged in, any additional device attempting to log in after successful OTP verification will receive a pop-up notification prompting the User to log out from one of the existing logged-in devices. The device that gets logged out may receive a push notification about such logout.
Any attempt to bypass these restrictions, such as through device spoofing, unauthorized sharing, or account manipulation, will be considered a breach of these Whizzad.net Terms of Use. Such violations may lead to the immediate suspension or termination of the account, at Whizzad.net’s sole discretion, without prior notice. Whizzad.net also reserves the right to recover any losses, claims, damages, penalties, etc., arising from such violations and may monitor user activity as needed to enforce this policy. Whizzad.net reserves the right to modify or update this login limitation procedure at its sole discretion, and any changes will be mandatorily binding on all Users.
VII. Posting Agents
As used herein, the term “Posting Agent” refers to a third-party agent, service, or intermediary that posts Content to the Service on behalf of others.
Whizzad.net strictly prohibits the use of Posting Agents, except with the express prior written permission or license from the original owner of the Listed Items. Failure to obtain such permission will result in the Lister (Posting Agent) being solely liable for any breach, infringement, claims, penalties, or damages asserted by the original owner or rightful holder of such Listed Item. Whizzad.net shall not be held liable, nor shall it be a party to such breach in any form or manner.
VIII. Access to the Service
Whizzad.net grants you a limited, revocable, non-exclusive license to access and use the Service for personal, non-commercial use. This license does not include any of the following:
(a) Access to or use of the Service by Posting Agents, subject to the conditions mentioned in Section VII above. (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 Whizzad.net 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, search engine, or other service that specializes in classified listings (including any subset of classifieds listings such as housing, for sale, jobs, services, or personals), or which otherwise provides classified ad listing services.
The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Whizzad.net, your use will be considered a violation of these Terms, unless Whizzad.net expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform (https://whizzad.net/
) so long as the link does not portray Whizzad.net, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner.
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 expressly stated herein, you must first obtain a separate written license from Whizzad.net.
IX. Notification of Claims of Infringements
Whizzad.net 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 fully authorized to act on behalf of such an owner, and you believe that any Content or other material on the Platform infringes upon your intellectual property rights (or the rights of the owner on whose behalf you are authorized to act), you may submit a formal notification to Whizzad.net. This notification, along with a request for Whizzad.net to delete the relevant Content in good faith, should be submitted using our designated Claims of Infringement Form available here.
In cases where you are an Intellectual Property owner and wish to specifically report about any counterfeit goods on our Platform, please refer to our Whizzad.net Counterfeit Policy as available here.
X. Intellectual Property Rights
You acknowledge and agree that the materials on the Platform, other than the User Content that you have licensed under Section II(E) of these 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 Whizzad.net, 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 third-party trademarks may be subject to licenses granted by those third parties to Whizzad.net. 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. They 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. Whizzad.net reserves all rights not expressly granted herein to the Platform and the Materials.
You agree not to 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 in force 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.
XI. User Submissions
You understand that when using the Platform, you will be exposed to Content from a variety of sources. Whizzad.net 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, 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 Whizzad.net with respect thereto.
XII. Indemnity
You agree to defend, indemnify, and hold harmless Whizzad.net, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from:
(i) Your use of and access to the Platform and/or the Service;
(ii) Your violation of any term within these Terms of Use;
(iii) Your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other proprietary or privacy right;
(iv) Any claim that your Content caused damage to a third party;
(v) Your negligence in obtaining the required consents, approvals, and permissions, and your non-adherence to applicable laws, before or after listing products and services on this Platform;
(vi) Your non-adherence to the applicable laws pertaining to your products and services, including but not limited to civil and criminal acts, wrongs, or deeds;
(vii) Your negligence in understanding the terms and conditions of third parties, channel partners, or select entities/partners prior to availing their products or services offered to users through our Platform.
This defense and indemnification obligation will survive the termination, modification, or expiration of these Terms and your use of the Service and the Platform.
XIII. No Spam Policy
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Whizzad.net email addresses or through Whizzad.net computer systems is expressly prohibited by these Terms. You acknowledge and agree that, from time to time, Whizzad.net may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails sent between users within the Whizzad.net communication 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 these Terms. Any unauthorized use of Whizzad.net computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and their agents to civil and criminal penalties.
XIV. Dealings with Organizations and Individuals
You acknowledge and agree that Whizzad.net 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, interactions with representatives of our select partners, the 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 Whizzad.net shall not be responsible or liable for any loss or damage of any sort incurred as a 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 Whizzad.net is under no obligation to get involved in such a dispute. In the event that you have a dispute with one or more other users, you hereby release Whizzad.net, 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.
XV. Limitation and Termination of Service
You acknowledge and agree that Whizzad.net may establish limits from time to time concerning the use of the Service, including, among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency and manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account, or email address used for registration. In the event you have more than one account linked through the same mobile number, Facebook account, or email address, Whizzad.net reserves the right to remove or restrict the usage of such duplicate accounts.
You acknowledge and agree that Whizzad.net has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that Whizzad.net reserves the right at any time to modify, limit, or discontinue the Service (or any part thereof) with or without notice, and that Whizzad.net shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.
You acknowledge and agree that Whizzad.net, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice. We may also remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Whizzad.net believes that you have violated these Terms. Furthermore, you agree that Whizzad.net shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. You further agree not to attempt to use the Service after any such termination.
XVI. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE PAID/UNPAID SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES/GUARANTEE OF SALE/PURCHASE OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
Whizzad.net, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. Whizzad.net makes no warranties or representations about the accuracy or completeness of the Platform’s Content or the content of any Third-Party Websites linked to the Platform and assumes no liability or responsibility for any:
(i) Errors, mistakes, or inaccuracies of Content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform and Service;
(iii) Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Platform;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform 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 of any Content posted, emailed, communicated, transmitted, or otherwise made available via the Platform or the Service.
Whizzad.net does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising. Whizzad.net will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
It is hereby clarified that Whizzad.net has no contractual privity or knowledge of Listers’ and Buyers’ identities under its Platform. Hence, the seller and buyer need to exercise caution while transacting and are advised to verify the authenticity of listings and counterparties. Whizzad.net will not be liable for any kind of loss/damage to the buyer or seller, including consequential and incidental losses and damages. No guarantee is provided on any misrepresentation. If users exchange their contacts on the Platform, and if anything happens to one user due to the act of the other user, such as theft or cheating, Whizzad.net will not be responsible for the same. Whizzad.net does not promote criminal actions & fraud, and any user indulging in criminal activities is doing so out of their own volition. Whizzad.net does not guarantee specific relief or specific performance of any contract/terms that a buyer and seller on its Platform enter into. Whizzad.net operates as an intermediary platform, as defined under Section 2(w) of the Information Technology Act, 2000, and is governed by the provisions of the same.
Listers/potential buyers are encouraged to promptly report any inaccurate or inappropriate Content. Despite diligent efforts to ensure accuracy, completeness, and currency of information in listings and advertisements, Whizzad.net cannot guarantee the same. Users are strongly advised to independently verify all details. Representations and depictions of Listed Items, including pictures and visuals, may differ from the actual product and services. Users should verify information from relevant authorities and developers (if applicable) before making any decisions on the purchase of Listed Items and/or advertised items.
In addition to the foregoing, it is pertinent to mention here that the definitions provided under Section 2(47) and Section 2(11) of the Consumer Protection Act, 2019 (“CPA”) are crucial in describing the parameters of unfair trade practices and deficiency in services, respectively. “Unfair Trade Practices,” as defined in Section 2(47) of the CPA, encompass the adoption of unfair methods or deceptive trade practices for the sale, use, or supply of any goods or provision of any service, including false representation about the standards, quality, or grade of services and representations purporting to be warranties or guarantees of services. “Deficiency” in services, as per Section 2(11) of the CPA, encompasses any fault, imperfection, or shortcoming in the quality, nature, and manner of performance required by law or contract, including acts of negligence or omission resulting in loss or injury to the consumer.
As an intermediary platform, Whizzad.net operates solely to facilitate the exchange of information between users and does not exercise control over the Content of listings or the quality of services offered therein. Consequently, Whizzad.net neither promotes nor engages in unfair trade practices, nor can it be held liable for any deficiency in services as defined under the CPA. Users are hereby apprised that any grievances regarding unfair trade practices or deficiencies in services pertaining to listings should be addressed directly with the owner of the respective listing. Whizzad.net assumes no responsibility for the actions or representations of users. Users are appraised that for any perceived unfair trade practices or deficiencies in services, the user can file consumer complaints directly against the owners of the listings.
XVII. Limitations of Liability
To the maximum extent permitted by law, Whizzad.net, along with its officers, directors, employees, and agents, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages arising from your use or misuse of the Platform or the Service, your inability to use the Platform or the Service, or any interruption, suspension, modification, alteration, or termination of the Platform or the Service.
This limitation of liability extends to damages incurred due to other services or products received through or advertised in connection with the Platform or the Service, any links on the Platform, or any information, opinions, or advice received through or advertised in connection with the Platform or the Service or any links on the Whizzad.net site.
You specifically acknowledge and agree that Whizzad.net shall not be liable for user submissions or for the defamatory, offensive, or illegal conduct of any user or third party. The entire risk of harm or damage arising from such conduct rests solely with you.
The Platform is controlled and offered by Whizzad.net from India. Whizzad.net makes no representations or warranties that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and risk, and are solely responsible for compliance with local law.
XVIII. Assignment
These Terms, and any rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you. However, Whizzad.net reserves the right to assign these Terms without restriction. Any attempted assignment or transfer by you shall be null and void.
XIX. Ability to Accept Terms of Service
By accessing or using the Platform, you affirm that you are at least 18 years of age and possess the full legal capacity and competence to enter into these Terms, including all conditions, obligations, affirmations, representations, and warranties, and to abide by and comply with them.
This Platform is intended only for adults who are eligible to contract as per applicable Indian laws. If you are using/accessing this Platform as a representative of any person or entity, you acknowledge that you are legally authorized to represent that person or entity.
Important Notice Regarding Minors: Users under 18 years of age (minors) are generally not permitted to use the Service. Minors are only allowed to access the Platform with the prior approval and under the direct supervision of their legal guardian. Under Indian law, minors cannot enter into contracts with third parties and, therefore, cannot engage in transactions using the Platform. If you are a minor under Indian law, please refrain from entering into any transaction through the Platform.
If you are the legal guardian of a minor, you affirm and acknowledge that you cannot enter into any contract on behalf of a minor, nor can you legally bind a minor in a transaction via this Platform. As a legal guardian of a minor, you acknowledge that you are contracting as an independent entity with a third party even if you are doing so at the insistence of a minor.
NOTICE TO MINORS: Please do not send us your personal information, including your email addresses, name, and/or contact information. If you wish to contact us, you must do so through your parent or legal guardian.
XX. General Information and Dispute Resolution
These Terms, along with all other policies posted on the Platform (such as our Privacy Policy and Cookie Policy), constitute the complete and exclusive understanding and agreement between you and Whizzad.net. They govern your use of the Services and the Platform, superseding all prior understandings, proposals, agreements, negotiations, and discussions, whether written or oral, between you and Whizzad.net.
The Terms and the relationship between you and Whizzad.net shall be governed by the laws of India.
Dispute Resolution: Any claim or dispute you may have against Whizzad.net shall first be attempted to be resolved through mutual discussions or negotiations between you and Whizzad.net.
If, within fifteen (15) days after the commencement of such discussions and negotiations, you and Whizzad.net fail to resolve the dispute, then such dispute shall be resolved through arbitration. The arbitration will be conducted by a sole arbitrator mutually appointed by both you and Whizzad.net, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The seat of arbitration shall be Gurugram, Haryana, India. The venue of arbitration shall be any mutually agreed location within Gurugram, Haryana, India. All arbitration proceedings shall be conducted in English.
Subject to this arbitration clause, the courts at Gurugram, Haryana, India shall have exclusive jurisdiction over any matter arising from these Terms or your use of the Platform.
General Provisions: The failure of Whizzad.net to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you and Whizzad.net agree to request the court to give effect to the mutual intention as reflected in the provision. If any provision or provisions of these Terms are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. These Terms shall inure to the benefit of and be binding upon the successors and assigns of both you and Whizzad.net.
XXI. Violation of Terms and Liquidated Damages
Please report any violations of these Terms that you become aware of by contacting us via our Customer Care Email or Grievance Officer Email (see Section XXIV for contact details). Any failure by Whizzad.net to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated, then you will be liable to pay Whizzad.net the following as liquidated damages (and not as a penalty):
A. Exceeding Access Limits/Termination: If Whizzad.net establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Whizzad.net Rs 10,000/- (Rupees Ten Thousand Only) for (i) each message posted in excess of such limits, or (ii) for each day on which you access Whizzad.net in excess of such limits, whichever is higher.
B. Posting Agent Violations: If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any other liquidated damages under these Terms, you agree to pay Whizzad.net Rs 10,000/- (Rupees Ten Thousand Only) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Whizzad.net an additional Rs 10,000/- (Rupees Ten Thousand Only) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
C. Unsolicited Email (Spam): If you use Whizzad.net email addresses or computer systems to send unsolicited email advertisements to Whizzad.net email addresses or any other party, you agree to pay Whizzad.net Rs 2,500/- (Rupees Two Thousand Five Hundred Only) for each such email.
D. Other Content Violations: If you post messages or Content in violation of these Terms, other than as described in clauses (A)-(C) above, you agree to pay Whizzad.net Rs 10,000/- (Rupees Ten Thousand Only) for each such message or piece of Content. Notwithstanding the foregoing, Whizzad.net may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section.
E. Unauthorized Content Exploitation: If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Whizzad.net’s express written permission, you agree to pay Whizzad.net Rs 10,00,000/- (Rupees Ten Lakhs Only) for each day on which you engage in such conduct.
F. Actual Damages: If none of the foregoing clauses (A) – (E) are applicable, you agree to pay Whizzad.net’s actual damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, Whizzad.net retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
Okay, this is a very detailed and legally focused Privacy Policy. I will rephrase and enhance it for Whizzad.net, focusing on clarity, comprehensiveness, and ensuring it addresses the need to minimize future legal queries, while adding conceptual links where appropriate.
Important Legal Disclaimer: This rephrased content is for illustrative and clarity purposes only and does NOT constitute legal advice. Privacy Policies are highly sensitive documents that must comply with specific national (Indian) and potentially international data protection laws. You MUST consult with a legal professional to draft or review your Privacy Policy to ensure it is fully compliant with all applicable regulations (like the Digital Personal Data Protection Act, 2023 in India, if applicable) and specifically tailored to Whizzad.net’s operations and data handling practices.
XXII. Privacy Policy for Whizzad.net
At Whizzad.net, we are committed to protecting your privacy and handling your personal information with transparency and care. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information when you use our Platform and Services. By accessing or using Whizzad.net, you agree to the terms of this Privacy Policy.
A. Data Protection under Indian Law: Whizzad.net (referred to as “we,” “us,” or “our”) is responsible for the collection, use, and retention of personal information in accordance with applicable Indian laws, including but not limited to the Digital Personal Data Protection Act, 2023 (if applicable to your operations) and other relevant data protection statutes.
B. Types of Information We Collect:
When you visit or interact with the Whizzad.net Platform, we may collect various types of information:
Non-Personal Information: When you visit our Platform, we may automatically collect certain non-personal information. This includes your Internet Protocol (IP) address, operating system, browser type, device information, and Internet service provider. This data is aggregated and does not identify you personally.
Personal Information You Provide: When you register an account or use our Services, you may provide us with personal information. This includes:
Registration Information: Your name, mailing address, email address, phone/mobile number, home country, and pin code.
Optional Information: You may also choose to provide your fax number, gender, age, and/or company name.
Social Logins: If you register or log in via a third-party social media service (e.g., Facebook), depending on your privacy settings on that service, we may collect additional profile information such as your profile picture, friend list, education, etc.
Communication Data: If you provide your phone number, it may be displayed in your public listing. Furthermore, by providing your phone number and posting an advertisement, you consent to receive communications from Whizzad.net on the provided number, which may include automated calls or text messages for purposes such as verifying your account activity related to advertisements.
Listing-Specific Information: We collect details you directly submit related to your product or service, such as make, model, trim, year, and other specifications, to ensure that communications and services are relevant to your needs.
User Activity Data: We may collect information related to your interactions on the Platform, such as new or deleted postings, comments, keyword searches, scam reports, and communications initiated with sellers.
Geolocation Data: By using this Platform, you consent to share your geolocation data. This enables us to publish information and advertisements from users located near you, and vice-versa, enhancing local relevance.
By using the Whizzad.net Platform or Services, you explicitly consent to the collection, storage, and use of all personal information you provide, and any subsequent changes or updates to this information, for the provision of our services.
C. Use of Cookies and Tracking Technologies:
Our Use of Cookies: We may use “cookies” to manage your sessions and to store preferences, tracking information, and language selection. Cookies are small text files transferred by a web server to your hard drive and stored on your computer. They may collect information such as the date and time of your visit, your Browse history, preferences, and username, whether or not you are registered with us.
Third-Party Cookies: In some instances, our third-party service providers may also use cookies on the Platform. We do not control or have access to cookies used by these third-party service providers. This Privacy Policy exclusively covers cookies used by Whizzad.net and does not extend to cookies used by third parties.
Your Cookie Choices: You have the ability to accept or decline the use of cookies through your browser settings. You can typically configure your browser to reject cookies. However, please note that declining cookies may limit your access to certain features and functionalities of the Platform, such as logging in or using interactive features like forums or comments.
D. Interaction with Third Parties:
Third-Party Service Providers: We engage third-party service providers to assist us with various functions, including measuring purchases and sales, monitoring site traffic, and generally improving our Platform and understanding user interests. You hereby authorize Whizzad.net and/or third-party service providers engaged by Whizzad.net to collect, use, store, analyze, reproduce, publish, and adapt information related to your use of the Platform for data analysis and enhancing your experience. Please note that some third-party companies, including payment gateways, may store your information without prior intimation to us.
Links to Third-Party Websites: The Platform may contain links to other third-party websites (“Third-Party Websites”) or provide information about services you may choose to avail from third parties. Whizzad.net may actively provide you with information about such services through various marketing and communication channels, solely to improve your experience. Important: When you choose to avail services from these third-party service providers or click on links to Third-Party Websites, you will leave the Whizzad.net Platform. The provision of such services is subject to the additional terms and conditions and privacy policies of those third parties. Whizzad.net is not responsible for the content, security, or privacy practices of these Third-Party Websites. We recommend that you review their privacy policies as they relate to safeguarding your personal information before providing any data. Any concerns or claims regarding services from such third parties should be directed solely to them.
Third-Party Advertising: We may use third-party advertising companies to serve ads when you visit the Platform. These companies may use information (excluding your name, address, email address, or telephone number) about your visits to Whizzad.net and other Third-Party Websites to provide advertisements about goods and services relevant to your interests.
Google, as a third-party vendor, uses cookies to serve ads on our Platform. Google’s use of the DoubleClick DART Cookie enables it to serve ads to our users based on their visit to our Platform and other websites. For more information on the DART Cookie, please visit Google’s Privacy & Terms site.
You may opt-out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy.
Public Content and Search Engines: By publishing an advertisement on the Platform, you acknowledge and agree that the Content is public and accessible by any third party. It may appear in search engine results (such as Google, Yahoo!, Bing, and other search engines) and in their caches, as well as in feeds and Third-Party Websites pursuant to co-branding agreements. It is the sole responsibility of these search engines, Third-Party Websites, or RSS web feed resources to update and/or remove Content from their indexes and caches. You agree and acknowledge that Whizzad.net is not liable for the information published in search results or by any Third-Party Website that carries Whizzad.net postings.
E. Sharing Your Data with Select Partners: At Whizzad.net, your privacy is paramount. By using our Services, you acknowledge, authorize, consent, and agree that we may share your data with select partners in the course of our business operations. These partners may use your information (e.g., contact details, product/service details for sale or purchase) to deliver services tailored to your preferences and interests. We only collaborate with legally compliant entities that commit to using your data solely for providing you with relevant offers and services. We strongly recommend you evaluate their individual Privacy Policies for detailed information on how your data would be used. You retain the option to opt out of receiving such tailored services by contacting our Customer Support team or Grievance Officer. By continuing to use our services, you consent to the sharing of your data with our select partners for these personalized communications. We continuously strive to ensure your personal information is handled responsibly and in line with your expectations.
F. How Your Information is Used: We may use the information you provide for the following purposes: (i) To enforce our Terms of Use, monitor user activity (e.g., keyword searches, new postings), and more effectively manage traffic on the Platform. (ii) To provide customer service, create and manage user accounts. (iii) To assist you with technical difficulties. (iv) We may share certain non-personal information (e.g., browser capabilities, operating system) with third-party service providers to better understand which advertisements and services may interest you. (v) We may also share your contact information and details of your product/service with our select partners to deliver relevant personalized services. (vi) We reserve the right to block users located in certain countries from using the Platform due to legal or operational reasons. We may retain your information for as long as is required to fulfill our business objectives, even after your account is terminated, in accordance with applicable laws.
G. Protecting Your Personal Information: We value your trust and are committed to protecting the personal information you provide to us.
Payment Security: We do not directly process payments or store your credit card information. Secure Socket Layer (SSL) technology is used for processing payment transactions with our third-party service provider partners.
Account Security: Your Registration Information may be protected by a unique customer password and user ID. It is your responsibility to maintain the confidentiality of your username and password and all uses of your account, whether or not authorized by you. You should never disclose your password to anyone and always remember to log off if using a shared computer.
Anonymous Use: You have the option to utilize the Platform as an anonymous user by not registering for an account.
Security Measures: While we employ certain security protections to safeguard your personal information, as with most electronic transactions, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge and agree that we assume no liability regarding the theft, loss, alteration, or misuse of personal or other information or Content, including information provided to third parties or other users, or failures of third parties to adhere to agreements with us.
Public Postings: If you participate in our Forum or utilize our Comments feature, your username (and name/email if you provide it for comments) will be posted publicly. We strongly discourage posting any information in these features or within any Content that you do not wish others to see.
H. Accessing and Modifying Personal Information and Communication Preferences: You may access, review, and/or make changes to the personal information you have provided to us via your account settings on the Platform or by contacting our Customer Support team via the designated contact form. You are not required to register to post or respond to advertisements. However, if you register, respond to ads, or post any content, we may send you notifications, advertisements, promotions, surveys, text messages, and phone calls related to the Services. We may also send you legally required notifications and service-related notices (e.g., server problems, scheduled maintenance). To opt-out of receiving certain transactional or legally required notices, you may need to deactivate your account. You can opt-out of receiving certain email communications from us, including newsletters, buying/selling advice, and notifications about comments or ad refreshes. We will not change your preferences without your consent. However, you cannot opt-out of receiving essential transactional communications from Whizzad.net related to your account.
I. Disclosures: On rare occasions, we may be legally or regulatory required to disclose your personal information. In such instances, we reserve the right to disclose your personal information as necessary to comply with our legal obligations, including but not limited to court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others if we have a good faith belief that such disclosure is reasonably necessary to enforce these Terms of Use and/or this Privacy Policy; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of Whizzad.net, our users, or the general public; or if we are notified of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent, and we may send you a notice regarding this sale.
J. Notification of Changes: Whizzad.net reserves the right to change this Privacy Policy from time to time, at our sole discretion, without prior individual intimation to you. We may, at our sole discretion, send you a notice regarding material changes to this Privacy Policy or the Platform. You should regularly review the “Last Updated” date at the beginning of this Privacy Policy to identify if it has been updated recently. Your continued use of the Platform after any changes indicates your acceptance of the revised Privacy Policy.
K. Disputes: Any and all disputes regarding your privacy are subject to the provisions of our Terms of Use, this Privacy Policy, and the applicable laws of India.
L. How to Contact Us: If you have any questions or concerns about this Privacy Policy or our data practices, please contact Whizzad.net via our designated Contact Support form or directly to our Grievance Officer details provided in these Terms.
XXIII. GST Details and Invoicing
Whizzad.net may render its services through its various operational branches located across India. In consideration of such services, Whizzad.net reserves the right to raise invoices from the respective branch from which the support or service is rendered, or where the relevant contract manager or relationship team is located.
Below are the details of our currently available operational branch and its Goods and Services Tax Identification Number (GSTIN):
S.No. | State | GSTIN |
1 | Tamil Nadu | 33ARNPB9824H1ZP |
XXIV. Customer Care, Grievance Officer, and Nodal Point of Contact
Whizzad.net is committed to providing the highest level of service and support to its users and customers. For any customer queries, grievances, or other related support concerning the Platform or Services, please use the following contact details:
A. Customer Support:
Customer Care Helpline: +91-8072640918
Anti-Fraud Helpline: +91-8072640918
Customer Care Email: support@whizzad.net, safety@whizzad.net
B. Grievance Officer and Nodal Point of Contact:
For any specific grievance regarding the Whizzad.net Platform or Service, and for compliance with the provisions of the Consumer Protection Act, 2019, or any rules made thereunder, you may contact our designated Grievance Officer and Nodal Point of Contact:
Name: Mr. Rakesh Sinhar
Designation: Manager – Customer Support
Email: grievance@whizzad.net
Grievance Helpline: +91-8072640918
Complaint Tracking: Each complaint lodged will receive a unique ticket number for tracking its status. You can obtain your complaint’s ticket number by contacting Whizzad.net’s Customer Support. Please share this ticket number in all future interactions with Whizzad.net to inquire about the status of your complaint.
XXV. Dispute Resolution and Governing Law
A. Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, your use of the Whizzad.net Platform, or any services provided, you and Whizzad.net agree to first attempt to resolve the matter amicably through good-faith negotiations. You agree to first contact Whizzad.net’s Customer Support or Grievance Officer as outlined in Section XXIV to seek resolution.
B. Arbitration (Recommended for Stronger Dispute Resolution – Requires Legal Advice):
Alternative 1 (Basic): If an amicable resolution is not reached within a reasonable period (e.g., 30 days), either party may pursue remedies available under applicable law.
Alternative 2 (More Robust – Consult Legal Counsel for this specific clause): If a dispute cannot be resolved amicably, it shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator appointed mutually by both parties. If the parties fail to agree on a sole arbitrator, one shall be appointed in accordance with the aforementioned Act. The language of the arbitration shall be English. The seat and venue of arbitration shall be [Your City, e.g., Chennai], Tamil Nadu, India. The decision of the arbitrator shall be final and binding on both parties.
C. Governing Law and Jurisdiction: These Terms of Use, including this Privacy Policy, and any disputes or claims arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the arbitration clause above (if adopted), the courts in [Your City, e.g., Chennai], Tamil Nadu, India shall have exclusive jurisdiction to entertain any suit or proceeding arising out of these Terms.
XXVI. Limitation of Liability and Indemnification
A. Exclusion of Warranties: THE WHIZZAD.NET PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. Whizzad.net does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
B. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHIZZAD.NET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
C. Indemnification: You agree to defend, indemnify, and hold harmless Whizzad.net, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Platform and Service, including any data or content transmitted or received by you. (ii) Your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above. (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights. (iv) Your violation of any applicable law, rule, or regulation. (v) Any Content submitted by you, including third-party claims alleging that your Content infringes the intellectual property rights or other rights of a third party. (vi) Any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
XXVII. Whizzad.net Counterfeit Policy
At Whizzad.net, we are committed to providing a safe, trustworthy, and fair marketplace for our users. We have a zero-tolerance policy towards the sale or promotion of counterfeit, replica, or unauthorized goods. The sale of counterfeit products is illegal, infringes upon intellectual property rights, and harms both consumers and legitimate brand owners. This policy outlines our stance, responsibilities, and actions taken against counterfeit items listed on our Platform.
A. What is a Counterfeit Item?
A counterfeit item is an unauthorized reproduction or imitation of a genuine product, often made with the intent to deceive consumers into believing it is authentic. This includes, but is not limited to:
Products bearing a trademark that is identical to, or substantially indistinguishable from, a registered trademark, without the authorization of the trademark owner.
Products that infringe upon copyright (e.g., unauthorized copies of software, music, movies, books).
Products that infringe upon design rights or patents.
“Replica” or “fake” goods that imitate the appearance of genuine branded products.
Items falsely claiming to be authentic or original branded products when they are not.
B. Whizzad.net’s Stance Against Counterfeits:
Strict Prohibition: The listing, promotion, or sale of counterfeit items is strictly prohibited on Whizzad.net.
Intellectual Property Rights (IPR) Respect: We respect the intellectual property rights of brands and creators and are committed to assisting in the enforcement of these rights on our Platform.
User Responsibility: All users are solely responsible for ensuring that the items they list and sell on Whizzad.net are authentic, legally permissible, and do not infringe upon any third-party intellectual property rights.
C. Reporting Counterfeit Items:
Whizzad.net encourages intellectual property rights holders, brands, and users to report any suspected counterfeit listings.
For Intellectual Property Rights Holders/Brands: If you are a brand owner or an authorized representative and believe that your intellectual property rights are being infringed by any listing on Whizzad.net, please submit a formal complaint through our designated IP Infringement Report process. Your report should include:
Proof of your intellectual property ownership (e.g., trademark registration number, copyright registration).
Detailed information about the infringing listing(s) (e.g., listing URL, specific description of infringing content).
A declaration that you have a good faith belief that the use of the intellectual property is not authorized by the owner, its agent, or the law.
A statement, made under penalty of perjury, that the information provided in your report is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.
Your contact information. Please direct such reports to safety@whizzad.net with the subject “IP Infringement Report.”
For Users/Consumers: If you suspect a listing on Whizzad.net is for a counterfeit item, please report it immediately by using the “Report Ad” or “Report User” feature available on the listing page itself. Provide as much detail as possible regarding why you believe the item is counterfeit. You may also contact our Customer Care Helpline or Customer Care Email at support@whizzad.net.
D. Whizzad.net’s Actions Against Counterfeit Listings:
Upon receiving a valid report of intellectual property infringement or suspected counterfeiting, Whizzad.net will take the following actions:
Investigation: We will promptly investigate the reported listing. This may involve reviewing the listing content, user history, and any evidence provided by the complainant.
Listing Removal: If we determine, in our sole discretion, that a listing violates this Counterfeit Policy, we will immediately remove the listing from the Platform.
User Penalties:
First Offense: For a first violation, the user’s account may be temporarily suspended, and they will receive a warning about the violation.
Repeat Offenses: Users who repeatedly violate this policy, or who engage in severe or intentional counterfeiting activities, will face immediate and permanent suspension of their Whizzad.net account. All active listings from such users will be removed.
Legal Action: Whizzad.net reserves the right to take legal action against users involved in the sale of counterfeit goods on its Platform, and to cooperate fully with law enforcement authorities and intellectual property rights holders in any investigation or prosecution.
Information Sharing: In accordance with our Privacy Policy and applicable laws, Whizzad.net may share user information with intellectual property rights holders or law enforcement agencies investigating suspected counterfeiting activities.
E. Seller’s Responsibility and Mitigation:
To avoid listing counterfeit items and potential penalties, sellers must:
Verify Authenticity: Ensure that any item listed for sale is 100% authentic and legally acquired. If you are unsure about an item’s authenticity, do not list it.
Provide Accurate Descriptions: Clearly and accurately describe the item being sold. Do not use brand names or trademarks falsely.
Obtain Authorization: If you are using a brand’s trademark or copyrighted material (e.g., images, descriptions) in your listing, ensure you have the necessary authorization or license from the intellectual property owner.
Maintain Records: Keep detailed records of your purchase, invoices, or other documentation that can prove the authenticity and legitimate sourcing of the items you sell. This documentation may be requested by Whizzad.net during an investigation.
F. Disclaimer for Whizzad.net:
Whizzad.net acts as an online marketplace to connect buyers and sellers. We do not inspect or verify the authenticity of every item listed on our Platform. While we are committed to enforcing this policy, Whizzad.net:
Does not guarantee the authenticity of items listed by users.
Is not responsible for the sale of counterfeit items by third-party users.
Shall not be held liable for any damages, losses, or legal consequences arising from the sale or purchase of counterfeit items on the Platform.
Reserves the right to remove any listing that, in its sole discretion, it deems suspicious, infringing, or in violation of this policy, without prior notice or explanation to the user.
By using Whizzad.net, you agree to comply with this Counterfeit Policy and acknowledge that any violation may result in the suspension or termination of your account, and potential legal action.