Terms & Conditions

Home Terms & Conditions

This user Agreement is a contract between you and Advmart. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.advmart.in, and all other functions, operations regarding our platform or operated by us, all Services, applications and products that are accessible through the Site and all Advmart applications that link to or reference this Agreement whether provided by us or our Affiliates.

This Agreement includes Advmart fee Agreement; Terms of use; privacy policy; Proprietary Rights Infringement Reporting Procedures; API terms of use, monthly, and Expense Payment Agreement, as such Agreements may be in effect and modified by Advmart from time to time.

All the conditions can be revised or amend by Advmart at any time of posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a substantial change includes an increase to fees charged by Advmart. We will notify you regarding any amendment in the Terms of Service.

Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance and agreement to be bound by the terms of Service as revised. In the event of a conflict between this Agreement and other Terms of Service, this Agreement will control unless the other Agreement explicitly states that's its controls.

You understand that by using the Site or Site Services after the effective date, you agree to be bound by terms and Service, including the mandatory binding arbitration. If you do not accept the Terms of Service in its entirety, you must not access or use the Site or the Site Services after the effective date. If you agree to the terms of Service on behalf of an entity, or in connection with providing or receiving Services on behalf of an entity or Company, you represent and warrant that you have the authority to bind that entity or Company to the terms of Service. In that event, "you" and "your" will refer and apply to that entity or Company.

(1) ACCEPTANCE

When you register yourself on Advmart or clicked to accept the Terms of Service, when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically; effective on the date you register your Account or click to accept the Terms of Service. Your Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement, the other Terms of Service, and any amendments.

(2) CONSENT TO RECEIVE ELECTRONIC RECORDS

In connection with Terms of Service, you may be entitled to receive certain records from Advmart or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

(2.1) YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT

Your consent to electronically receive and access, via email or the Site, all the records and notices regarding Services provided to you under the terms of Service that we or our Affiliates would otherwise be required to provide to you in the paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at customer care. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request of withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent become effective.

(2.2) NOTIFY US IF ANY CHANGE IN YOUR EMAIL ADDRESS

For continuous and hurdle less communication; you agree to notify us immediately of any change in your email address by updating your account information on the websites or by contacting customer care. It is very necessary to have your correct information in our database.

(2.3) HARDWARE AND SOFTWARE YOU WILL REQUIRE FOR YOUR SERVICE

To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like windows or Mac, (c) a connection to the internet, (d) current versions of software, browsers, plug-ins, or the computer applications and programs identified system capable of supporting all of the above. By "current version" we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all the records and notices, we send to you electronically.

By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (1) you have read and understand the above consent to receive records and notices electronically, (2) you satisfy the minimum hardware and requirements specified above, and (3) your consent will remain in effect until you withdraw your consent as specified above.

(3) ADVMART ACCOUNTS

(3.1) ACCOUNT ELIGIBILITY

You have to register yourself for an account to use the Site and certain Site Services. Services offered by Advmart are for your business purpose, and for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you intend to use the Site and Site Services for your business purpose only, unless you use the Site and Site Services solely as an employee and Company member of a registered Company Account. You understand that you comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an account or by clicking to accept the terms of Service when prompted on the Site, you agree to:- (a) abide by this Agreement and the other terms of Service, (b) Be financially responsible for your use of the Site. (c) Perform your obligations as specified by any Service contract that you enter into, unless such obligations are prohibited by applicable law or the term of Service. Advmart reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discover that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the terms of Service.

(3.2)ACCOUNT REGISTRATION; PROFILE

By registering for an account, you must complete a user profile, which can be shown to other users. If you are a User, unless you use the Site solely as an employee and Company member of a registered Company Account, you represent and warrant that you use your profile to market your business to others for the purpose of entering into independent contractor relationships with other users. You agree to provide true, accurate, and complete information on your profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false information about your business, location and Services. You agree not to register for more than one Customer Account without express written permission from us. You agree not to ask or allow another person to create an account on your behalf, for your use, or for your benefit.

(3.3) IDENTITY VERIFICATION

Your account will be verified from time to time. Once you register for an account, for safety purpose. You authorize Advmart, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

(3.4) BUSINESS ACCOUNTS

You may create an account through which other authorized users may act on your behalf in the roles you assign for your account. The user that registered the business account may also grant certain account administration privileges for the business account to one or more business members. Except as otherwise required by applicable law, only the user who registered the business account and the business account administrators can add or remove business members to or from the business account.

If any of your business members violate the Terms of Service. It may affect your ability to use the Site. Upon closure of business account, Advmart may close any or all related accounts.

You have to make sure that business member act on your behalf agree to all the terms of Services on your behalf. You agree to be fully responsible and liable for any action of any company member and any other user who uses the business account. You understand and agree that your company is responsible and liable for all Service contracts accepted by anyone acting as business member. Business members acknowledge and agree that their company is solely responsible for paying them for work on behalf of the company and that such payments will not be made through the Site.

(3.5) LISTINGS

When you register for listing, first you have to do a sign up to create an account in the Advmart then you have to fill the required information to generate your listing. You can also add images or graphics to provide extra attractive look to your profile.

(3.6) USERNAMES AND PASSWORDS

When you register for an account, you will be asked to choose a username and password for the account. Each user and any business account administrator will also be asked to choose the initial username and password for any business account that is added to the account.

You are entirely responsible for safeguarding and maintaining the confidentiality of your account or business account's username and password. You authorize Advmart to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password or the password of any user of your account.

(4) PURPOSE OF THE SITE AND IT'S SERVICES

Our Site is a marketplace where Customers/Shop Owners/Sellers can identify each other and advertise, buy and sell Services online. Subject to the Terms of Service, Advmart provides the Site Services to users, including Hosting and maintaining the Site, enabling the formation of Service contracts. When a user enters into an online purchase, the user uses the Site to engage, communicate, invoice and pay online.

(5) DORMANT ACCOUNTS

If there is no activity in your Advmart Account (including access or payment transactions) for a period of one (1) year, we may close your Advmart Account.

(6) PRIVACY

  • Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
  • By using our Service, you may receive information about Customers/shop owners/business owners. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.

(7)PAYMENT TERMS

(7.1) SERVICE FEE

Shop owners and business owners both have to pay a fee to use Advmart's Services. Whenever any Client interested to advertise its business at advmart, he/she has to pay an amount to use the services of Advmart.

(7.2 )PAYMENT METHODS

In order to use certain Site Services of Advmart, Client must provide account information for at least one valid payment method. Payment can be done by the mode of Credit card, cheque, demand draft, PayPal accounts or electronic or digital transfers. By providing payment method information through the Site, Client represents, warrants that (a) Client is legally authorized to provide such information. (b) Client is legally authorized to perform payments using the payment method.

(8)RECORDS OF COMPLIANCE OF ADVERTISING CAMPAIGN

Advmart create and maintain records of advertising campaign of any business for the satisfaction of client or business owners. Advmart maintains accurate data with date and time which means there is no room for any doubt. It's the responsibility of Advmart to monitor and provide best campaign for the advertisement of each and every of its client or business owner.

(9)RELATIONSHIP WITH ADVMART

Advmart provides a platform to both client/Business owners for finding a perfect buy. Advmart merely makes the Site Services available to clients to get best and beneficial results for themselves. Advmart assure the quality, safety, or legality of the Services; the truth or accuracy of listings on the Site; the Contact information, address, or name of users. Advmart does not deduct any amount for withholding, unemployment, social security, or other taxes from Client/Business owners. We does not required to and may not verify any feedback or information given to us by Clients/Business Owners, nor does Advmart perform background checks on Clients/Business Owners. We invite all the users to enjoy all the fruitful Services of Advmart.

(10) THIRD-PARTY BENEFICIARY

Advmart act as a third-party beneficiary prohibit certain terms in any Service provided by Advmart. Clients/Business Owners further agree that Advmart has the right to take such actions with respect to their accounts including, suspension, termination or legal actions as we, in our sole discretion, deem necessary to enforce our rights as third-party beneficiary under the Service terms.

(11)LICENSES AND THIRD PARTY CONTENT

(11.1) SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS

By creating account on Advmart and on compliance with the Terms of Service, Advmart grants you a limited license to access and use Site and Site Services. You must not access the Site or Site Services by any means other than the interface provided, and you will not use the information which is available on Site for any purpose other than the purpose for which it was made available. You must not sell, reproduce, distribute, modify, display, publicly perform, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without Advmart prior consent. You will not access Site Services in order to build a similar Service or application or publish any performance or any benchmark test or analysis relating to the Site Services. Advmart and our licensors retain all right, title and interest in and to all Intellectual Property Rights related in and to the Site and Site Services. The Advmart logos and names are trademarks of Advmart and may be registered in certain jurisdictions. Except as expressly any license under any of Advmart's or any third party's Intellectual Property Rights, whether by estoppels, implication, or otherwise.

(11.2)USER CONTENT LICENSE

When you post User Content on the Site or through the Site Services or provide Advmart with User Content, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Advmart may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment.

You retain all ownership rights in any User Content you post on Advmart. To the extent permitted by applicable law, you also grant to Advmart and our Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Advmart's business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law. The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Advmart and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

(12) CONFIDENTIAL INFORMATION

(12.1) CONFIDENTIALITY

  • Whenever a client/Business Owner provides confidential information to the other, the recipient will protect secrecy of discloser's information with same degree of care as it uses to protect its own information.
  • The recipient will never allow or permit others to disclose another's confidential information to anyone without first obtaining the express written consent of the owner of confidential information.
  • Not use or permit another's confidential information, except as necessary for the performance of necessary Services.

(12.2) PUBLICATION

Any client/Business Owners or Advmart will not publish; or cause to be published, any other party's confidential information, except if it is required for the execution of Any Required Services with prior permission.

(13) WARRANTY DISCLAIMER

You agree not to rely or depend on the Site Services, Site, and any information on the Site. We believe in "as is" and on an "as available" basis. Advmart makes no express representations or warranties with regard to the Site, Site Services, or any activities or items related to this Agreement or the other Terms of Service. To the maximum extent permitted by applicable law, Advmart Disclaims all express and implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, accuracy, title, an non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so that extent, some or all of the above limitations may not apply to you.

(14) LIMITATION OF LIABILITY

We are not responsible and liable for:-
  • Your use of or your inability to use our Site or Site Services;
  • Delays in our Site or Site Services;
  • Malwares, viruses, or other malicious software obtained by accessing, our Site or Site Services;
  • Bugs, errors, or inaccuracies of any kind in our Site or Site Services;
  • Damage to your hardware device from the use of the Sites or Site Services.
  • Content posted by third parties.
  • A suspension or other action taken with respect to your account.
  • Your reliance on the quality, accuracy, or reliability of listings, profiles, ratings, recommendations, and feedback, or metric found on, used on, or made available through the Site; and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
  • Additionally, In on event will Advmart, our affiliates, our Licensors, or our Third-Party Service providers be liable for any special, consequential, incidental, punitive, exemplary or indirect costs or damages, including; but not limited to, Litigation costs, installation and removal costs, or loss of Data, production, profit, or business opportunities.

(15) RELEASE

You have to agree on a condition that you release Advmart, our Affiliates and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with anything or any Service, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Client and requests for refund based upon disputes.

(16) AGREEMENT TERM AND TERMINATION

When you register for an account on Advmart that means you agree with the Terms of Service, unless both you and Advmart expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You provide written notice to info.advmart@gmail.com . If you are using Advmart, you must legally terminate your relationship with Advmart, as applicable; before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however Advmart will continue to perform those Site Services which is necessary to complete any uncompleted campaign.

Without limiting Advmart other rights or remedies; we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if:-

  1. You breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service.
  2. When we suspect or become aware that you have provided false or misleading information to us.
  3. If you involve in anything that is legally wrong and that hurt our users or Advmart.
  4. We are unable to verify or authenticate any information which was provided by you to us.

CONSEQUENCES OF AGREEMENT TERMINATION

We will notify you if we close your Account, unless we believe in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of user's Account status to all users, including both yourself and other users who have entered into Service contracts with you.

(17) SURVIVALM

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after the Agreement terminates or expire will survive and continue in full force and effect.

(18) DISPUTES

If any dispute arise between you and Advmart or our affiliates, our goal is to resolve the dispute quickly and cost effectively to resume smooth working environment.

If any dispute arises regarding any service then Advmart will try its best to resolve that dispute in everyone's favor or try to figure out the whole dispute in a most appropriate way. If any dispute arises whether it is related to payment, completion of project, or any terms or condition, you will notify us at customer care.

(19) DEFINITIONS

  • Affiliate" means any entity (person) that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Advmart.
  • Client/Business Owner" means any authorized User utilizing the Site to seek and/or obtain Adveritisng/Listing Services from Advmart.
  • Services" means all Services such as Lisitings, Advertising, promotions etc.
  • Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • User Content" means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site or provide to Advmart.

ANNEXURE'A'

Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-

  1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
  2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
  3. Body parts which includes organs or other body parts.
  4. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).
  5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
  6. Child pornography which includes pornographic materials involving minors.
  7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
  8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
  9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
  12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
  13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
  15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.
  16. Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
  17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
  18. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
  19. Offensive goods which includes literature, products or other materials that:
    1. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors.
    2. Encourage or incite violent acts.
    3. Promote intolerance or hatred.
  20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.

    Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

    Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances

    Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.

    Securities which includes stocks, bonds, or related financial products.

    Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.

    Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments

    Wholesale currency which includes discounted currencies or currency exchanges

    Live animals or hides/skins/teeth, nails and other parts etc of animals.

    Multi Level Marketing collection fees

    Matrix sites or sites using a matrix scheme approach

    Work-at-home approach and/or Work-at-home information

    Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.

    Merchant providing services that have the potential of casting Advmart and/or Payment System Providers in a poor light and/or that may be prone to ?Buy & Deny? attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.

    Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, website supplying medicines or controlled substances, website that promise online match-making). Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.)

    Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either Advmart or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.

    Bulk marketing tools which include email, lists, software, or other products enabling unsolicited email messages (spam).

    Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services. Mailing lists.

    CONTACT US

    For any queries and questions regarding any Terms of Service, you can contact us at info.advmart@gmail.com