This Terms and Conditions of Website Agreement is to highlight the rules and regulations applicable on the users and 10HP being a brand of Xflare Services private Limited with regards to the website, bearing the URL(s): www.10hp.in and www.10hp.com. This platform allows users to list the goods and/or services offered by them and allows the users to buy and sell the goods and/or services through the platform.  It is hereby declared to the users that the Terms and Conditions can be amended at any time, without any prior notice, and the users may or may not be informed of such amended Terms and Conditions. However, in case of amended Terms and Conditions, the user has to abide by the new Terms and Conditions.

• DEFINITIONS
  • "Account" means the account associated with your email address and/or phone number.
  • "User" means a user of the website that can list their goods and/or services on the website for other users to buy and/or avail. 
  • "10HP", "we", "our", "Company" or "the Company" or "us" means 10HP, being a brand of Xflare Services Private limited.
  • “Platform” refers to the website and/or application through which the users will list their goods and/or services on the website for other users to buy and/or avail.
  • "Verified by Company" means the user has been satisfactorily verified by 10HP.
  • "Inactive Account" means a user's account that has not been logged into for a 6 month period, or other period determined by us from time to time.
  • "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
  • "Goods" and/or “Product” means a product and/or goods listed by a user on the Platform for others to buy.
  • "Services" means a service listed by a user on the Platform for others to avail.
  • "The Company Services" means all services provided by us to you.
  • "User", "you" or "your" means an individual who visits or uses the Website, including via the API.
  • "Website" means the Websites operated by Xflare Services private Limited including any of its regional or other domains or properties, and any related services, tools or applications, specifically including mobile web, any iOS App and any Android App, or API or other access mechanisms.  

• WEBSITE
  • The Website acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. 10HP hereby declares that it is not a party to any negotiations that take place between the User(s) of the Website and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Website.
  • 10HP does not control and is hereby not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered on the Website or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between 10HP and any other party and/or User(s).

• SERVICES PROVIDED
  • 10HP hereby declares that it provides the following services to its Customers and are classified here as under:
  • The Platform acts as a venue to allow Users to offer, sell, and buy products and services listed on the Platform. However, 10HP hereby declares that they are a Platform for online classifieds and the User’s are not allowed to conduct payment and other transactions through the Platform. You hereby acknowledge and agree that 10HP 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. The User declares that they are using the Service and the Platform at their own risk.

• USERS ELIGIBILITY
  • User(s) represent and warrant that they have the right to avail or use the Services provided by 10HP, including but limited to the Website or any other services provided by 10HP with regards to the use of the Website. 10HP’s Services can only be availed by those Users or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use 10HP’s Services.
  • User(s) agree to abide by the terms of this Terms of Service for Website Agreement and any other rules and regulations imposed by the applicable law from time to time. 10HP or the website, hereby declares that they shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted through 10HP’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The user shall do its own due diligence before entering into any transaction with other users on the website. 10HP at its sole discretion reserves the right to refuse 10HP’s Services to anyone at any time. 10HP’s Services are not available and may not be available or used by User(s) whose Accounts have been temporarily or indefinitely suspended by 10HP.

• USERS AGREEMENT
  • This Agreement applies to any person who accesses or uses the Website or uses the Services of 10HP for any purpose. 10HP also applies to any legal entity which may be represented by any person who accesses or uses the Website, under actual or apparent authority. User(s) may use this Website and/or the Services of 10HP, solely for their own purposes and/or commercial or business purposes.
  • This Agreement applies to all Services offered on the Website and by 10HP, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Website. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any Services offered on the Website, such additional terms and conditions applicable in respect of that Service shall prevail over this Agreement. This Agreement shall govern the User’s usage of 10HP Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between 10HP and the User.

• AMENDMENTS TO USER AGREEMENT
  • 10HP reserves the right to change, modify, amend, or update this Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Website. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the Service offered will be deemed to signify Your acceptance of the amended provisions of this Agreement.

• INTELLECTUAL PROPERTY RIGHTS
  • Xflare Services Pvt Ltd is the sole owner and the lawful licensee of all the rights related to the 10hp.in, 10hp.com Website and its content. Website content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website. The Website content embodies trade secrets and other intellectual property rights protected under worldwide copyright laws and other applicable laws pertaining to intellectual property rights. All title, ownership and intellectual property rights in the Website and the Website content shall remain with Xflare Services Pvt Ltd, its affiliates or licensor’s of the Website content, as the case may be.
  • All rights, not otherwise claimed under this Agreement by 10HP, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website or any offer displayed on or in connection with any Service offered on the Website is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and/or liabilities arising from and out of the use of such information. 10HP does not represent, warrant or endorse in any manner the accuracy or reliability of the information represented on the Website, or the quality of any products and/or services obtained by the User(s) as a result of any information gathered from the Website.
  • For any content and or link uploaded to the Website by the User from any social media platform, the User agrees to abide by and accept the terms of service of that social media platform.
  • The Information is provided on an “as is” basis with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall 10HP be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services offered by 10HP. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled by 10HP.  10 HP respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. 10HP reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
  • Trademark: "10HP" and related icons and logos are registered trademarks or trademarks or service marks of 10HP in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.
  • Copyright: All 10Hp Website Content including Website Information is copyrighted to Xflare Services Pvt Ltd, excluding any third-party content and any links to any third-party websites being made available or contained on the Website. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
  • User(s) acknowledge and agree that 10HP is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Website have the right to sell the merchandise or provide the services offered by such User(s). 10HP encourages User(s) to assist us in identifying listings on the Website which, in the User(s) knowledge or belief, infringes their rights. User(s) further acknowledge and agree that by taking down a listing, 10HP does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which 10HP declines to take down a listing, 10HP does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
  • 10HP respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website for the purpose of reselling or re-distributing, mass mailing via email, wireless text messages, physical mail or otherwise, operating a business competing with 10HP, or otherwise commercially exploiting the content posted on 10HP, unless otherwise agreed to, between the parties. Systematic retrieval of the contents of 10HP to create or compile, directly or indirectly, a collection, compilation, database or directory, whether through robots, spiders, automatic devices or manual processes, without prior written permission from 10HP is prohibited.
  • In addition, the use of the content posted on the Platform for any purpose not expressly permitted in this Agreement is prohibited and entitles 10HP to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of 10HP's Services, they will not use 10HP’s Services to infringe the intellectual property rights of any third parties in any way. 10HP reserves the right to terminate the right of any User(s), at our sole discretion, with or without cause, to access or use 10HP’s Services for any infringement of rights of third parties in conjunction with use of the 10HP’s Service, or in the event we believe that User(s) conduct is prejudicial to our interests, our affiliates, or other User(s), or for any other reason.
  • URL's and/or Subdomain: URL’s/ Sub-domain names assigned by us to the User(s), including both paid and free User(s), are the exclusive property of 10HP and it cannot be assumed to be permanent in any case. 10HP reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's and/or Subdomain names. IN ALL SUCH CASES, 10HP WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING BUT WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
  • We may allow User(s) access to content, products or services offered by third parties through hyperlinks, in the form of word link, banners, channels or otherwise, to the websites offered by such third parties websites. We advise our User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such third party websites, prior to using or accessing such third party websites. Users acknowledge and agree that we have no control over any content offered on third party websites and we do not monitor such third party websites, and shall in no manner be deemed to be liable or responsible to any person for such third party sites, or any content, products or services made available thereof.

• LINKS TO THIRD PARTY SITES
  • Links to third party sites are provided on the Website as a convenience to User(s). User(s) acknowledge and agree that we do not have any control over the content of such websites and/ or any information, resources or materials provided therein.
  • We may allow User(s) access to content, products or services offered by third parties through hyperlinks, in the form of word link, banners, channels or otherwise, to the websites offered by such third parties. We advise our User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such third party websites prior to using or accessing such third party websites. Users acknowledge and agree that we have no control whatsoever over any content offered on these third party websites and we do not monitor such third party websites, and shall in no manner be deemed to be liable or responsible to any person for such third party sites, or any content, products or services made available thereof.

• TERMINATION
  1. Most content and some of the features on the Website are made available to the User(s), free of charge. However, we reserve the right to terminate access to certain areas or features of the Website, for paying or registered User(s), at any time, without assigning any reason and with or without notice to such other User(s). We also reserve the universal right to deny access to particular User(s) to any or all of our services or content without any prior notice or explanation, in order to protect the interests of 10HP and/ or other User(s) of the Website. We further reserve the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any or all of the features of the Website or introduce new features without any prior notice to User(s).
  2. We reserve the right to terminate the membership and/or subscription of any User(s) temporarily or permanently for any of the following reasons:
     1. If any false information in connection with their account registered with 10HP is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions;
     2. If such User(s) breaches any provisions of the Agreement;
     3. If such User(s) utilizes the Website to send spam messages or repeatedly publish the same Product and/or Services information;
     4. If such User(s) posts any material that is not related to trade or business cooperation;
     5. If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner;
     6. If such User(s) is involved in unauthorized access, use, modification, or control of the Website database, network or related services;
     7. If such User(s) obtains by any means another registered User(s) Username and/or Password; or
     8. If any User(s) activity may not be in accordance with the ethics and honest business practices.
  3. If we terminate the membership of any registered User(s) including those User(s) who have subscribed for the paid services of 10HP, such person will not have the right to re-enrol or join the Website under a new account or name unless invited to do so in writing by 10HP. In any case of termination, no subscription, membership fee and/or charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effects on their business. User(s) hereby agree that in no event shall we be liable to any User(s) or any third parties for any inability to use the Website, whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise, any delays, errors or omissions with respect to any communication or transmission, or any damage, whether direct, indirect, consequential or otherwise, arising from the use of or inability to use the Website or any of its features.

• REGISTERED USERS

1. To become a registered User(s) of the Website a proper procedure has been made available on the Website which is for the convenience of User(s) so that they can easily use the Website, which is as follows:
   1. User(s) can become registered User(s) by filling an online registration form on the Website by providing the required information, including name, contact information, details of User(s) business and/or any other information requested by the Website. We will establish an Account for the User(s) upon successful registration and will assign a User alias referred to as User ID and password for log-in access to the User(s)’s Account. We may at our sole discretion assign to the User(s) upon registration: a web-based email or messaging account with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.
   2. User(s) registering on the Web Site on behalf of business entities represent and warrant that: 
      1. they have the requisite authority to bind such business entity to this Agreement;
      2. the address provided by such User(s) at the time of registration is the principal place of business of such a business entity; and
      3. all other information provided to 10HP during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
2. User(s) agree that by registering on the Website, they consent to the inclusion of their personal data in 10HP’s online database and authorize us to share such information with other User(s). We may refuse registration and deny the membership and associated User ID and password to any User(s) for whatever reason. We may suspend or terminate a registered membership at any time without any prior notification in interest of 10HP or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on us, for whatsoever nature, due to the suspension or termination of the User account. User(s) registered on the Web Site are in no manner a part of or affiliated to 10HP.
3. User(s) further agree and consent to be contacted by us through phone calls, SMS notifications or any other means of communication, in respect to the services provided by us, even if contact number(s) provided to 10HP upon registration are on the do not call registry of 10HP.

• MISCELLENOUS
  1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. 10HP’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a waiver of that right or our waiver of the right to act with respect with subsequent or similar breaches.
  3. We shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating to our Services to any person or entity.
  4. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
  5. All calls to 10HP are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from 10HP may be monitored and recorded.
  6. Any complaints or concerns with regards to any content relating to 10HP’s Services or any breach of this Terms of Service for Website Agreement can be communicated in writing at 10HP being the subsidiary company of Xflare Services Private Limited, E6 Palace Towers, Cherry Road, 636015 India or through https://www.10hp.in/contact-us
  7. This Terms of Service for Website Agreement constitutes the entire agreement between the User(s) and 10HP with respect to access to and use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.

• Dispute Resolution and Governing Law 
  1. Any disputes arising in connection with this Agreement shall be referred to the arbitration of a sole arbitrator to be appointed by the Parties. The place of arbitration shall be Salem TN, India. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and shall be in the English language. The arbitrator/arbitral panel shall also decide on the costs of the arbitration proceedings.
  2. This Agreement shall be governed in accordance with the laws of India and shall be subject to the jurisdiction of the courts at Salem TN, India.

• NOTICES
  1. All notices or demands to or upon us shall be effective, if in writing, and shall be deemed to be duly made when sent to (being a subsidiary company of Xflare Services Pvt Ltd), having its principal place of business in E6 Palace Towers, Cherry Road, 636015 India.
  2. All notices or demands to or upon a User(s) shall be effective if either delivered personally or sent by courier, certified mail, or email to the last-known correspondence, fax or email address provided by the User(s) on the Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.
  3. Notice to a User(s) shall be deemed to be received by such User(s) if and when the Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Website’s posting such notice on an area of the Website that is publicly accessible without charge.

• LIMITATION OF LIABILITY
  1. The features and services on the Website are provided on an "as is" basis and "as available" basis, and 10HP hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website. 10HP has no association of whatsoever nature with the publisher and/or the published contents. Moreover, 10HP does not facilitate or participate in any sale, delivery, transaction and/or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. We do not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third Party Rights; and 10HP makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User(s) sole discretion and risk, and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Website or through or from the Website shall create or be deemed to create any warranty not expressly stated herein.
  2. Under no circumstances shall 10HP be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including but without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, force majeure like natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save 10HP, its affiliates, directors, officers and employees, from and against any and all losses, claims, liabilities, including but not limited to legal costs on a full indemnity basis, which may arise from their use of the Website, including but not limited to the display of User(s) information on the Website, or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save 10HP, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities, including but not limited to legal costs on a full indemnity basis, which may arise from User(s)’s breach of any representations and warranties made by the User(s) to 10HP.
  3. User(s) hereby further agree to indemnify and save 10HP, its affiliates, directors, officers and employees harmless, from and against any and all losses, claims, liabilities, including but not limited to legal costs on a full indemnity basis, which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. User(s) hereby further agree that we are not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with us in asserting any available defenses.
  4. 10HP shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever, including but not limited to damages for loss of profits or savings, business interruption, loss of information, whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
     1. the use or the inability to use the Website;
     2. any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
     3. violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
     4. unauthorized access by third parties to data or private information of any User(s);
     5. statements or conduct of any User(s) of the website; or
     6. any matters relating to Premium Services however arising, including negligence.

• INTERACTION WITH USERS
  1. We provide an online platform to facilitate interaction between User(s), buyers, suppliers and service providers of products and services. We do not represent the seller or the buyer in transactions and do not charge any commission for enabling any transaction. We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). 10HP, however, cannot and does not confirm each User(s)’s purported identity on the Website. We encourage User(s) to evaluate other User(s) with whom they would like to deal with and use common prudence while dealing with them.
  2. User(s) agree to fully assume the risks of any transactions (hereinafter referred to as "Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
  3. Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
  4. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
  5. Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to the product originally obtained by User(s) of the Website as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website may suffer harms and/or assert claims arising from their use of such products.
  6. User(s) agree that we shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur and/or arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify 10HP, including but not limited to our agents, affiliates, directors, officers and employees, from and against all claims, demands, actions, proceedings, costs, expenses and damages, including but without limitation any actual, special, incidental or consequential damages, arising out of or in connection with such transaction.
  7. 10HP reserves the right to add, modify, discontinue any of the features offered by us.

• CONTENT POSTED & PROHIBITED ITEMS
  1. Some content displayed on the Website is provided or posted by third parties. User(s) can post their content on some of the sections and/or services of the Website using the help submit and edit tools made at the respective sections of the Website. User(s) may need to register and/or pay for using or availing some of these services.
  2. User(s) understand and agree that 10HP, in such case is not the author of the content and that neither we nor any of our affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agreement of agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree we are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. We shall not be liable for any User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
  3. User(s) solely represent, warrant and agree to:
     1. provide us with true, accurate, current and complete information to be displayed on the Web Site;
     2. maintain and promptly amend all information provided on the Website to keep it true, accurate, current and complete.
  4. User(s) hereby grant us an irrevocable, perpetual, worldwide and royalty-free, sub-licensable, through multiple tiers, license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Website (hereafter referred to as "Third Party Rights").
  5. User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Website or provided to the Website or authorized by the User(s) for display on the Website, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Website, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
  6. User(s) agree that they will not use our content and/or our Services to send junk mail, fraudulent schemes, Multilevel Marketing, Pyramid Schemes, Jobs abroad scams, chain letters or spamming. Further, registered User(s) of the Website agree that they will not use the allocated email account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree:
     1. to host, display, upload, modify, publish, transmit, store, update or share; or
     2. submit to 10HP for display on the Website or transmit or sought to be transmitted through our Services, any content, material or information that does not and shall at no point:
        1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of pirated, counterfeit or stolen items or items, services whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
        2. belong to another person and to which User(s) do not have any right to;
        3. be part of a scheme to defraud another User(s) of the Website or for any other unlawful purpose;
        4. be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which:
           1. is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or
           2. harass a person, entity or agency for financial gain, extortion or to cause mental agony any injury to any person;
        5. relate to sale of products and/or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
        6. violate any applicable law, statute, ordinance or regulation, including but without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
        7. relate to any controversial weapons, cluster munitions or anti-personnel mines and other such military, police equipment;
        8. Fireworks, Hazardous Chemicals, Explosives, Firearms.
        9. be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy, ethnically objectionable, blackmail, threatening, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
        10. be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
        11. promote discrimination based on race, gender, religion, nationality, political party, disability, sexual orientation or age;
        12. contain any material that constitutes unauthorized advertising or harassment, including but not limited to spamming, personal information, medical & financial records, confidential documents, invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
        13. solicit business from any User(s) in connection with a commercial activity that competes with 10HP;
        14. threaten 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 cognisable offense or prevents investigation of any offense or is insulting any other nation;
        15. Live Person, Human-Sex Trafficking, Slavery, Prostitution, Human & Animal body parts, Lottery Tickets, Fetish Toys, Erotic Services, Pornography, All games and activites considered not suitable for minors.
        16. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
        17. link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for 10HP or its affiliates.
        18. Violation and Breach of any applicable laws including but not limited to Drugs and Cosmetics Act, 1940, The Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860. Prevention of Cruelty to Animals Act, 1960’, ‘Transport of Animals Rules, 1978’, ‘Animal Birth Control (Dogs) Rules, 2001’, and ‘Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017’, Representation of Women (Prohibition) Act, 1986´, Antiquities and Art Treasures Act, 1972 ´, Hazardous Chemicals Act, 1985´, Securities Contract Regulation Act, 1956´, Food Adulteration Act, 1954´, Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002´, Indian Arms Act, 1959´,
        19. Posting items in wrong category ( Apartment posted as Individual House)
        20. Incorrect and misleading information about the Item and seller
  7. We reserve the right in its sole discretion to remove any material, content, photos, offers displayed on the Website which in 10HP reasonable belief is unlawful or could subject 10HP to liability or in violation of the Agreement or is otherwise found inappropriate in our opinion. We reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
  8. In connection with any of the foregoing, we reserve the right to suspend or terminate the Account of any User(s) as deemed appropriate by us at our sole discretion. User(s) agree that 10HP shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event 10HP takes any of the actions mentioned in this provision.
  9. User(s) understand and agree that the Website acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website. 10HP does not have any role in developing the content displayed on the Website. We have the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.