Using Service Mart
As a condition of your use of Service Mart you agree that you will not:
- violate any laws;
- violate the Policies;
- post any threatening, abusive, defamatory, obscene or indecent material;
- post or otherwise communicate any false or misleading material or message of any kind;
- infringe any third-party right;
- distribute spam, chain letters, or promote pyramid schemes;
- distribute viruses or any other technologies that may harm Service Mart or the interests or property of Service Mart users;
- impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Service Mart;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access Service Mart and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- copy, modify or distribute rights or content from Service Mart or Service Mart copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to Service Mart;
- use any tool that interferes with the normal functioning of Service Mart, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Service Mart’s functionalities; or
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
Abusing Service Mart
Service Mart and the Service Mart community work together to keep Service Mart working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Service Mart if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Service Mart employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Service Mart or not, we do not have any obligation to monitor the information transmitted or stored on Service Mart and we do not accept any liability for unauthorised or unlawful content on Service Mart or use of Service Mart by users.
Some of Service Mart’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the global community, or on third party Platforms, including social media channels. By using Service Mart, you agree that your ads can be displayed on these other Platforms and media channels. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Service Mart, or any third party Platform, or if we believe it causes problems or violates any law or policy.
Fees and Services
Using Service Mart is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in INR, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Service Mart. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
- If your ads went live with exposure on the Service Mart sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- If your ads are placed in the Pets or Massage categories of Service Mart;
- If your ads are placed into “edit” mode and will go live to site once updated by you;
- If you have removed your ads yourself;
- If you post duplicate ads as defined in our rules regarding duplicate ads;
- If we believe that your ads are in a significantly wrong category;
Service Mart is protected by copyright laws and international treaties. Content displayed on or via Service Mart is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Service Mart without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Service Mart . Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Service Mart (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the global eBay community, such as eBay or our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Service Mart may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Service Mart ad while your ad is on Service Mart . The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Service Mart’s sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Service Mart by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Service Mart.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to Service Mart at [email protected]. You can contact, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Service Mart to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Service Mart via the e-mail address provided.
Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by Service Mart users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using contact us.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Service Mart comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Service Mart, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more Service Mart users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Data Protection and Privacy
By using Service Mart, you agree to the collection, transfer, storage and use of your personal information by Service Mart on servers located in the India as further described in our Privacy Notice.
You shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
Resolution of disputes
If a dispute arises between you and Service Mart, we strongly encourage you to first contact us directly to seek a resolution by going to the Service Mart Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on Service Mart constitute the entire agreement between Service Mart and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Service Mart must be resolved by the courts of Kolhapur. You and Service Mart both agree to submit to the non-exclusive jurisdiction of the Courts; for claims falling within the jurisdiction of a County Court, you and Service Mart both agree to submit to the jurisdiction of the County Court of Kolhapur.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the application, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Mobile Devices Terms
Application Use. Service Mart grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. Service Mart owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Service Mart’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Service Mart Application.
Prohibited Countries Policy and Foreign Trade Regulation – Applications. Service Mart Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on: