Terms and Conditions
Welcome to Onsales!
Onsales is a Kuwait classified advertising website. Where people can sell, buy or exchange their products by uploading an advertisement to our website
These terms and conditions outline the rules and regulations for the use of the Onsales Website, located at https//:www.Onsales.in
By accessing this website we assume you accept these terms and conditions. Do not continue to use Onsales if you do not agree to take all of the terms and conditions stated on this page.
1. ACCEPTANCE OF TERMS
Onsales is a Kuwait classified website. we allow our users to post, comment, upload pictures, buy and sell products but Onsales. But we are not responsible for any other activity like abusive comments or any other bad activity on our website related to user posts.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email, or otherwise make available via the Service. You understand that Onsales does not control, and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Onsales site and Content available through the Service may contain links to other websites, which are completely independent of Onsales. Onsales makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you 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 Onsales be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Onsales does not pre-screen or approve Content, you may be exposed to Content that is offensive, indecent, inaccurate, misleading. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content but that Onsales shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content.
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with the law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, an Onsales employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the Onsales sites which are not designated for such purposes; or emailed to Onsales users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or websites, except as allowed in “services”;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
q) that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Onsales;
v) post-non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one metropolitan area;
x) attempt to gain unauthorized access to Onsales computer systems 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 Onsales website; or
y) use any form of automated device or computer program that enables the submission of postings on Onsales without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals unless otherwise approved in writing by Onsales; or
z) use any form of automated device or computer program (“flagging tool”) that enables the use of Onsales “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
4. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Onsales resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Onsales. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Onsales.
5. NO SPAM POLICY
Any unauthorized use of Onsales computer systems for sending unsolicited email advertisements to Onsales email addresses or through Onsales computer systems is expressly prohibited by these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
6. ACCESS TO THE SERVICE
Onsales grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include (a) access to 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 Onsales. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to 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.
Onsales offers various parts of the Service in RSS format so that users can embed individual feeds into a website, or view postings through third party software news aggregators. Onsales permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘Onsales’ as the source, (c) your use or display does not suggest that onsales promote or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden Onsales systems. Onsales reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Onsales immediately terminates said permission or license.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Onsales agent for notice of claims of copyright or other intellectual property infringement.
Please provide our Agent with the following Notice:
a) Identify the material on the Onsales site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
8. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express wrote consent of Onsales. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Onsales, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Onsales does not claim ownership of content that its user’s post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Onsales an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Onsales all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
9. USER SUBMISSION
When a user using our Platform, you will be exposed to Content from a variety of sources, and that Onsales 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 agree to indemnify and hold harmless Onsales, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. LIMITATIONS & TERMINATION OF SERVICE
You acknowledge & you agree that Onsales may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Onsales has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Onsales reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Onsales shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 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, Onsales reserves the right to remove or restrict the usage of such duplicate accounts
You agree that Onsales in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Onsales believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Onsales shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. You agree that Onsales will delete your duplicate account linked by other numbers or emails. Onsales have the right to remove your duplicate account anytime without any notice. If you still try to make duplicate accounts Onsales may take any action anytime.
12. THIRD-PARTY CONTENT, SITES, AND SERVICES
The Onsales site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of Onsales, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Onsales shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Onsales is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Onsales, its officers, employees, agents, and successors in rights from 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.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Onsales SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Onsales SITE 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, Onsales, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Onsales SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Onsales DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Onsales SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Onsales SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Onsales DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Onsales SITE OR THE SERVICE. Onsales IS NOT RESPONSIBLE FOR ANY THIRD-PARTY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
PERSONAL INJURY OR PROPERTY DAMAGE
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR
ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.
ANY MISBEHAVING BY OTHER USERS OR ANY PERSON.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Onsales BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Onsales HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Onsales SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Onsales SITE OR THE SERVICE, FROM INABILITY TO USE THE Onsales SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Onsales SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Onsales SITE OR THE SERVICE OR ANY LINKS ON THE Onsales SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Onsales SITE OR THE SERVICE OR ANY LINKS ON THE Onsales SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT Onsales 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.
THIS PLATFORM IS ONLY CONTROLLED AND MAINTAINED, OFFERED BY Onsales. Onsales MAKES NO WARRANTIES THAT THE OUR PLATFORM IS APPROPRIATE FOR THE USE IN OTHER LOCATION. 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.
15. ABILITY TO ACCEPT THE TERM SERVICES
This platform is only for adults and you are eligible as per applicable laws. If you are using our platform you agree our all terms and condition. If you are under 18 years of age, are only allowed to access the platform, if you under the age of 13 are not allowed to access our platform. You must not use this platform. if you above 18 years of age, are allowed to use our platform and you have to accept our all term and condition before using this platform.
16. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Onsales and govern your use of the Service, superseding any prior agreements between you and Onsales. The Terms and the relationship between you and Onsales shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Onsales agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of Onsales 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, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Onsales to pursue legal action to enforce these Terms, you will be liable to pay Onsales the following amounts as liquidated damages, which you accept as reasonable estimates of Onsales damages for the specified breaches of these Terms:
Otherwise, you agree to pay Onsales actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Onsales retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.