The domain name www.metasouk.com (hereinafter referred to as \"Website\") is owned by
- Metasouk Technologies Private Limited, registered under the Companies Act, 1956 (Hereinafter referred to as “Company”)
- With its registered office at Metasouk Technologies Pvt. Ltd. , Kochuvayalil House, Pangada P.O, Pampady, Kottayam, Kerala-686502.
(hereinafter referred to as www.metasouk.com or “Metasouk”. www.metasouk.com engages in the business of providing technology solutions through web based services to customers seeking jobs, dating, acts as an online business directory, displays online ads, and provides portals for stores online, through the use of information technology, software development and its applications.
The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and www.metasouk.com reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the company has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
4.1. The membership of this website is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
4.2. The site also reserves some services in Posting Ads, Dating, Jobs and Online Business Directory for its premium members. Premium members may be charged a subscription fee in accordance with the service that they opt for through the site. The charges for the services shall be deducted at a monthly basis and the same shall commence from the date of subscription to the date of cancellation. Metasouk reserves the right to revise the charges applicable with intimation to the user.
4.3. In case of failure of the payment of the subscription charges, your premium account shall be suspended or terminated.
5. PROHIBITED AND RESTRICTED ITEMS AND SERVICES
5.1. Metasouk reserves the right to decide whether any item or service may be displayed on the website on a case to case basis. There are certain material and items that we do not allow to be displayed on our website in any form. An illustrative list of the same can be found below:
- Adoption / Solicitation for adoption of Children & Babies
- Adult Massage Services
- Adult Only category/ Pornographic Material
- Adult products that are delivered digitally
- Alcohol, in any form and manner
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory with certain exceptions.
Rules about Birds & Animals (India)
- In birds, we only allow Chickens, Roosters, Chicks, Geese, Emus, Pigeons, Turkeys & Ducks
- In Animals, we only allow Dogs, Cats, Fishes, Bovine, Pigs, Equines, Rabbits, Hamsters, Guinea Pigs & Goats
- Birds and animals used for fighting or racing are strictly prohibited
- Metasouk only allows ads selling Meat & Eggs of the animals/birds listed above with the exception of Cow meat.
- We do not allow animals & birds which fall under the restricted category as per THE INDIAN WILDLIFE (PROTECTION) ACT 1972 & banned for trade by the WORLD WILDLIFE FEDERATION.
- Any service that falls within the ambit of Government services / Government responsibilities which private parties are not authorized by law to perform or carry out
- Any object manufactured in the Republic of Cuba or Democratic People’s Republic of North Korea
- Bulk SMS/ Email Services
- Any audio or video recording of a performance not officially released by the artist or under legal authority as well as pirated material
- Certain categories of sexually oriented material
- Any illicit material that can be deemed to be Child Pornography
- Any work that infringes Intellectual Property of any third party
- Used Cosmetic items such as used make up sponges or applicators and except for used brushes as long as they are cleaned, opened and unused cosmetics as long as the seller clearly mentions the same.
- Counterfeit currency, stamps and other fake products
- Drugs, Narcotics, and other banned inebriants that are prohibited by law, or any description thereof.
- Any paraphernalia that is or may be related / associated with the use of a drug.
- Electronic surveillance equipment – examples include but are not limited to wiretapping devices and telephone bugging devices
- Goods originating in a location that is subject to an economic / trade embargo – including items from the Republic of Cuba and the Democratic People’s Republic of North Korea
- Enriched Uranium, Plutonium, and other radioactive fissile material
- Firearms, weapons, and ammunitions – including any parts that could be used to assemble a firearm as well as any firearm part that is required for the firing of a gun, including bullet slugs, brass castings and shells, slides, cylinders, magazines, firing pins, trigger assemblies etc. Various types of knives are also forbidden.
- Forged, illegal, stolen, or confidential documents, which include passports, social security cards, drivers licenses, voter registration cards, birth certificates, school documents, medical records, financial information, government license plates, or government classified information documents. Any item that is used to modify documents is also restricted.
- Government documents, IDs, and licenses
- Hazardous Chemicals and other harmful substances having consequences such as injury to the body, toxic fumes, fires and explosions
- Hazardous, restricted and perishable items
- Human remains and body parts – with an exception for skeletons and skulls for scientific study, provided they are not Native American in origin)
- Intentionally soiled underwear and dirty used clothing
- Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
- Links to sites that contain prohibited items
- Lock-picking devices including pick guns, pick sets, bump-keys, tubular picks and so on
- Lottery tickets, sweepstakes tickets, or any other gambling items.
- Mailing lists and personal information
- Materials deemed obscene, including bestiality, necrophilia, rape, coprophilia, and incest.
- Medical devices – examples include contact lenses, pacemakers, and surgical instruments and other medical equipment
- Military hardware such as working weapons or explosives with the exception of demilitarized vehicles
- Multi-level marketing, pyramid, and matrix programs
- Paraphernalia relating to the Third Reich or having any other such ..... references
- Offensive material – examples include ethnically or racially offensive memorabilia
- Police and emergency service vehicular warning equipment such as red or blue lights and sirens (antique or collectible items are exempt)
- Prescription drugs which are not meant be sold without prescription from a registered medical practitioner
- Any get-rich schemes
- Services including any sexual activities and solicitation of the same
- Software / Hardware equipment used to unlock / jail break phones and video games
- Souls, ghosts and other “items whose existence cannot be verified” are prohibited
- Stolen property and property with removed serial numbers
- Advertising for Surrogacy
- Tobacco (Tobacco-related items and collectibles are accepted)
- Used/ unused ..... toys including but not restricted to items in the shape of genitalia, vibrators for sexual pleasure and bondage items
- Virtual items from massively multiplayer online games
- Weeds (see plants and seeds)
- Witchcraft-related services including services for tarot card reading, psychics, fortune-telling, spells, hexes and any such related services
Please note that this list is not exhaustive and Metasouk reserves the right to amend/ make addition to/remove any item from this list, without prior notice.
5.2. To promote a safe, fair and enjoyable experience, Metasouk.com has established a set of rules and policies for item listings. You are requested, not to:
- Post Duplicate Ad listings - Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.
- Post Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended for use in sexual activity would not be permitted. Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.
- Write Misleading Titles
- Upload Inappropriate/wrong picture with the Ad
- List items in inappropriate categories
- Misrepresent the item location
- Quote Unrealistic Price
5.3. Furthermore, your listing, information, advertisement
- Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, stolen goods and or services which do not belong to you or you do not have the authority for.
- Shall not contain any viruses, Trojan horses, worms or other computer programmes that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.
5.4. Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to “stalk” or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- 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;
- 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;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by Metasouk 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 Website.
- use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of Metasouk’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.
- use any automated device or software that enables the submission of automatic postings on Metasouk 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.
6. WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- All communication which inter alia include the contract, its terms, your obligations, the other party’s obligations, prices, etc are outcomes of the communication between the other party and You. This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse any of the products offered for sale on the website nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between the seller and the buyer and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the seller and the buyer alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the seller and the buyer directly without Us being involved.
- As the buyer, you are expected to check the creditworthiness of the seller and the genuineness of the products offered by them . We are not liable for the same.
- At no point of time between communication and delivery of goods between the buyer and the seller do we come into possession of the goods or its title.
- As the contract is limited to the seller and the buyer and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
- As we hold no possession, nor title of the products at any time, or enter/determine the communication between the buyer and the seller or determine its outcome, the contract is purely a bipartite contract between the buyer and the seller and We are not responsible for claims arising from such a contract. Disclaimer: Due to some technical issue, typographical error or product information published, Pricing on any product(s) as is reflected on the Website by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
7. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Metasouk shall not be liable for your interactions with any organizations and/or individuals on the Website 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 Metasouk 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 Website, or between users and any third party, you understand and agree that Metasouk 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 Metasouk, 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.
8. THIRD PARTY INFORMATION
The website hosts information provided by third party. We are in now responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, You agree to not us liable for the falsification of any such provided information.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
9. USER OBLIGATIONS
You are a restricted user of this website.
9.1 You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
9.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
9.3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, 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.
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
10. DISCLAIMER OF WARRANTIES AND LIABILITIES
you expressly understand and agree that, to the maximum extent permitted by applicable law:
the website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, metasouk makes no warranty that
- your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- materials, information obtained and results will be effective, accurate or reliable;
- any errors or defects in the website, services or other materials will be corrected.
to the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. metasouk also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. we are not responsible for any typographical error leading to an invalid coupon. metasouk accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
we shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
11. indemnification and limitation of liability
the limitations and exclusions in this section apply to the maximum extent permitted by applicable law
12. intellectual property rights
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under _____________________, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Metasouk, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Metasouk reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other 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. Metasouk is a service mark registered with Metasouk Technologies Private Limited and in various other jurisdictions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Metasouk without restriction. Any assignment or transfer by you shall be null and void.
14. ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults. You affirm that you are either more than 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 Website is not intended for children under 13.
15. 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 WEBSITE. 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.
16. COMPLIANCE WITH LAWS
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
17. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism. 14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however, the parties in good faith will attempt to bind by the decision. 14.2 Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of _______________________ . The mode of appointment of the arbitrators is as provided above.
HOW TO STAY SAFE ON THE WEBSITE
- Meet in a public place
- Don't send money.
- Only Meet face to Face.
- Take a friend.
- Inspect the item you are buying.
- Watermark all photos.