IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM AND THE SERVICES
1. Endevour Services is the next generation of online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such as Endevour Services is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Endevour Services is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk
2. You understand that Endevour Services does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Endevour Services’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Endevour Services be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Endevour Services cannot and does not pre-screen or approve any Content, but that Endevour Services has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Endevour Services’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 are completely unrelated to Endevour Services. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Endevour Services makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Endevour Services disclaims all liability thereto.
3. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and 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 such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, 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) and authorize Endevour Services to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable 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 Endevour Services 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 in connection with the Platform and Endevour Services's (and its successor's) business, including 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 required by Endevour Services in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Endevour Services 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 a part of the Service, Endevour Services may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. Endevour Services makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Endevour Services remove or delete such Content from the Platform. Further, you grant Endevour Services the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
4. Endevour Services does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Endevour Services expressly disclaims any and all liability in connection with User Content. Endevour Services does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Endevour Services 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. Endevour Services reserves the right to remove any Content without prior notice. Endevour Services 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. Further, at its sole discretion, Endevour Services reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, store, update or share any information on the Site, or otherwise make available Content
1. that violates any law or regulation;
2. . that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Endevour Services all of the license rights granted herein
3. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s).
4. that 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, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force.
5. that harasses degrades intimidates, or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
6. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
7. that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
8. that includes personal or identifying information about another person without that person's explicit consent.
9. that impersonates any person or entity, including, but not limited to, an Endevour Services employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
10. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
11. that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" offer.
12. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature.
13. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Endevour Services users who have requested not to be contacted about other services, products or commercial interests.
14. that includes links to commercial services or Third Party Websites, except as specifically allowed by Endevour Services
15. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law.
16. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other computer resource.
17. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service. OR
18. that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
19. that belongs to another person and to which you do not have any right.
20. that is harmful to the child.
21. that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
Additionally, you agree not to
22. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone.
23. make any libelous or defamatory comments or postings to or against anyone.
24. . collect personal data about other users or entities for commercial or unlawful purposes.
25. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.
26. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure.
27. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas.
28. attempt to gain unauthorized access to computer systems owned or controlled by Endevour Services 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.
29. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Endevour Services's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool 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.
30. use any automated device or software that enables the submission of automatic postings on Endevour Services 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. OR
Featured Ads is a feature that enables the display of your advertisement in a designated area of the Website and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website.
This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 30 days from the original date of posting the Content on the Website, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you at a discounted price as mentioned on the Website. Endevour Services reserves the right to limit the extent and manner in which Featured Ads may be edited by you.
The paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 2 advertisements in a category in the last 30 days and the free limit is 2 advertisements per month for such a category, you will not be allowed to post a free advertisement after you have posted your SECOND advertisement
All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits
You can either purchase a single Paid ad or can avail of bulk packages (“Paid ads package”) based on your requirement which shall be provided to you at a discounted price as mentioned on the Website
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). Endevour Services may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.
Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account.
The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.
As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. Endevour Services prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Endevour Services. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Endevour Services.
Endevour Services grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (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 Endevour Services 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 or search engine or other services 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 Endevour Services, your use will be considered to be in violation of these Terms, unless Endevour Services expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Endevour Services, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. 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 stated herein, you must first obtain a license from Endevour Services.
Endevour Services 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 who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Endevour Services together with a request to Endevour Services to delete the relevant Content in good faith in the claims of infringement form available here.
In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform please refer to our Endevour Services Group Counterfeit Policy as available here.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that Endevour Services 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, or 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 Endevour Services with respect thereto.
You agree to defend, indemnify and hold harmless Endevour Services, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Endevour Services email addresses or through Endevour Services computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time Endevour Services may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Endevour Services email 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 the Terms. Any unauthorized use of Endevour Services computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge and agree that Endevour Services 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, 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 Endevour Services shall not be responsible or liable for any loss or damage of any sort incurred as the 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 Endevour Services is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Endevour Services, 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.
You acknowledge and agree that Endevour Services 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, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the 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 through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account, or email address, Endevour Services reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that Endevour Services 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 Endevour Services reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that Endevour Services 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 Endevour Services, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Endevour Services believes that you have violated these Terms. Further, you agree that Endevour Services shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE 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 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. TO THE FULLEST EXTENT PERMITTED BY LAW Endevour Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. Endevour Services 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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) 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. Endevour Services 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, AND Endevour Services 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.
IN NO EVENT SHALL Endevour Services, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF Endevour Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Endevour Services SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Endevour Services SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY Endevour Services. Endevour Services MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE 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 RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Endevour Services without restriction. Any assignment or transfer by you shall be null and void.
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and Endevour Services and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Endevour Services shall be governed by the laws of the Netherlands. Any claim you may have against Endevour Services must be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands. However, in the event that you are a consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Endevour Services to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT Endevour Services MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
When you visit the Platform, we may collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Platform, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, zip code, and certain other information in the event you log in via Facebook depending on your privacy settings including but not limited to your name, email address, profile picture, list of friends, education, etc. ("Registration Information"). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with Endevour Services. If you provide your phone number, it may be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our site which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Platform. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports, and new contact sellers. We use a third-party payment gateway for purchases, and other third-party companies to monitor site traffic, which may, in some instances, store your information (see Section xxi(D) below). By using this Platform or the Service, you consent to the collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by Endevour Services.
By using this Platform, you consent to share your geolocation data in order to publish information/advertisements of advertisements offered by users close to your location and vice-versa.
We use third-party service providers to assist us in measuring purchases and sales on our Platform and generally improving our Platform and monitoring our users’ interests and activities. You hereby authorize Endevour Services and/or third-party service providers engaged by Endevour Services to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through a third-party service provider) the information in relation to your use of the Platform for the purpose of data analysis and for improving your experience on the Platform. In addition, the Platform may occasionally contain links to Third-Party Sites or provide you with information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third-party service providers may be actively provided to you by Endevour Services in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by Endevour Services to improve your experience.
Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum.