You must read, agree with and accept all of the terms and conditions contained in this User Agreement and Aarvy's Privacy Policy, which include those Terms of Use expressly set out below and those incorporated by reference, before you may become a member of Aarvy or to use the Site in any manner. Aarvy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Aarvy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (hereinafter collectively referred to as "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Aarvy, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Aarvy's express prior written consent.
You may use information on Aarvy products and services purposely made available by Aarvy for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Aarvy reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Aarvy server, or to any of the services requested on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Aarvy, including any Aarvy account not owned by you, to its source, or exploit the Site or any service or information made available or requested by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Aarvy's systems or networks, or any systems or networks connected to the Site or to Aarvy.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Aarvy on or through the Site or any service requested on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aarvy or others.
You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to request for sale on the Site. You shall have complete right, title and authority to deal in and request for sale such items, goods, services or products.
You shall take all steps to inform Aarvy in the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.
You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your buying, listing, purchase, solicitation of requests to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall be responsible for providing information relating to the items or services proposed to be sold by you and modifying it from time to time. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
You will not disclose your contact details like Phone number, address, emailing address in requesting, buying or listing process, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass Aarvy.
You may find potential adult material/mature audience items being displayed on the site. Such material or items are to be viewed/sold/bought on by adults aged 18 years or older only. If you are not 18 years of age you cannot view/sell/buy on such material/items. If you do not qualify, please do not use the Site. If you choose to view/sell/buy on mature audience items or items that are restricted to adult use, you are certifying that:
you have the legal right to view/sell/buy such items;
you are not offended by the adult content/item;
it is your decision to view/sell/buy on the adult content/item on the Site; and
such items/content are being viewed/sold/bought on by yourself only and you are not allowing underage minors to view/sell/buy on such items/content from your computer.
You certify that you will not sell, list or display any mature audience items or items that are restricted to adult use on the Site, without following the procedure prescribed by Aarvy for selling, listing or displaying such items on the Site. You acknowledge that Aarvy will not be responsible for any liability arising from your default in complying with the provisions of this clause.
Note: Penalty is charged if a foul is found on the seller if the seller backs off a trade after getting the buyer details, or, a foul is found on the buyer if the buyer backs off a trade after requesting a buying-price, or, a foul is found on the seller if the seller tries to reveal his contact information in the item description or anywhere in the listing, or, a foul is found if the listing is placed in wrong category (intentionally or un-intentionally) by the seller.
Aarvy has an intelligent program that detects contact details in the listing and listings in wrong categories. This intelligent program is 100% tested and will automatically penalize the item if any such foul is found. So claims of un-intentional trading at Aarvy will not be entertained at any cost.
Your Information
"Your Information" is defined as any information you provide to us or other users of the Site (hereinafter referred to as "Users") in the registration, buying, selling or listing process, in the feedback area or through any communication with us. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information or trade/transaction (as listed below):
shall not be false, inaccurate or misleading;
shall not be fraudulent or involve the sale of counterfeit or stolen items;
shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
shall not, directly or indirectly, request, attempt to request, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above
shall not involve in any of the types listed below without proper and legal authorization :
Securities including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
Living, dead creatures and/or the whole or any part of any animal which is prevented or restricted in any manner by applicable laws.
Weapons of any description.
Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
Antiquities and Art Treasures.
Used cellular phone SIM Cards.
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
shall not be concurrently listed for sale on a web site other than the Site; or
Fees and Services.
Membership on the Site is free. Aarvy does not charge any fee for registering or browsing on the Site. Aarvy charges Applicable Fees to all users when their trade is completed successfully or unsuccessfully on the Site. Before you trade an item for sale through the Site, we request you to review our 'Applicable Fees' section (hereinafter referred to as "page" or "section").
The Applicable Fees on Aarvy are effective from the date they are published on the Site. Aarvy reserves the right to change its Applicable Fees from time to time. In particular, Aarvy may at its sole discretion introduce new services and modify some or all of the existing services requested on the Site. In such an event Aarvy reserves the right to introduce fees for the new services requested or amend/introduce fees for existing services, as the case may be. Changes to the Applicable Fees shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Aarvy reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Aarvy, its officers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates. Aarvy also reserves the right to take legal action in case of non-payment of fees by you to Aarvy, its officers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates.
Accounts, Passwords and Security
Certain features or services requested on or through the Site may require you to open an account (including setting up an Aarvy ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Aarvy immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Aarvy or any other user of or visitor to the Site due to someone else using your Aarvy ID, password or account.
You may not use anyone else's Aarvy ID, password or account at any time without the express permission and consent of the holder of that Aarvy ID, password or account. Aarvy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Disclaimers
Aarvy DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Aarvy CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Aarvy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Aarvy DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Aarvy SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Aarvy FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Aarvy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Aarvy be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Aarvy has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Aarvy is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Aarvy's liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Aarvy (but not including the purchase price for any Aarvy products or services).
Indemnity
You agree to indemnify and hold Aarvy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Aarvy by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Aarvy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aarvy's rights or property, or the rights or property of visitors to or users of the Site, including Aarvy's customers. Aarvy reserves the right at all times to disclose any information that Aarvy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Aarvy also may disclose your information when Aarvy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Aarvy may preserve any transmittal or communication by you with Aarvy through the Site or any service requested on or through the Site, and may also disclose such data if required to do so by law or Aarvy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Aarvy, its employees, users of or visitors to the Site, and the public.
You agree that Aarvy may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aarvy, for which monetary damages would be inadequate, and you consent to Aarvy obtaining any injunctive or equitable relief that Aarvy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aarvy may have at law or in equity.
You agree that Aarvy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service requested on or through the Site, or (4) unexpected technical issues or problems.
If Aarvy does take any legal action against you as a result of your violation of these Terms of Use, Aarvy will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Aarvy. You agree that Aarvy will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the India without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Aarvy and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Aarvy administers and operates the www.aarvy.com Site outside India; parts of the Site, parts of other Aarvy sites may be administered and operated from various locations inside and outside India. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or requested through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside India. Aarvy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any request for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside India, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Aarvy shall be free to use such information on an unrestricted basis.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service requested on the Site, in violation of any applicable laws or regulations, including without limitation Indian export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Aarvy with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Aarvy with respect to such use are hereby superseded and cancelled. Aarvy will not accept any counter-requests to these Terms of Use, and all such requests are hereby categorically rejected. Aarvy's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Aarvy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Aarvy and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The information contained in this web site is subject to change without notice.
Copyright � 2004-2005 Aarvy Online Stores Pvt. Ltd. All rights reserved.
Updated by Aarvy's legal team on 11-Oct-2007. Effective 11-Oct-2007.