Terms & Conditions

Terms of Use

Please read the following terms and conditions carefully as Your use of Service is subject to Your acceptance of and compliance with the following terms of use (“Terms”).

CHALLANI TECH SOLUTIONS, (hereinafter referred to as “Us,” “We,” “Our,” or “Necesty “) is a licensee and operator of the Application, providing (a) a diverse range of online resources, encompassing classified advertisements, and (b) an interactive online application that facilitates the offering, selling, and purchasing of products and services, connecting sellers with interested users (collectively referred to as the “Services”). Our mobile application, (hereinafter referred to as “Application,”) has been meticulously crafted to streamline and facilitate this interaction. For the purpose of these Terms, and whenever context dictates, “You” and “Your” refer to any individual utilizing or accessing the Application or its Services in any capacity, including browsing, sharing service-related information, posting comments or content, or interacting with advertisements or content on the Application. By using the Application, You acknowledge and agree to the Terms outlined herein, establishing a comprehensive legal framework for Our engagement. By using the Services, You represent and warrant that You have full legal capacity and authority to agree to and bind yourself to these Terms. If You are representing another individual, business, or company, You affirm that You possess the requisite power and authority to offer, sell, or provide the products or Services on their behalf, thereby binding them to these Terms.

In the event of non-compliance with these Terms, Necesty , reserves the right to immediately limit or terminate Your access or usage rights to the Application, or to remove non-compliant Content, or both, as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. By utilizing the Application and accessing our Services, You signify Your understanding and agreement to adhere to the Terms outlined.

In addition to the following terms, by using this Application, You also acknowledge that You have read, understood, and agree to be bound by Our privacy policy (“Privacy Policy”). Kindly refer to Our Privacy Policy here.

1. ACCEPTANCE OF TERMS

1.1. By downloading, installing, or using this Application, You are indicating acceptance of these Terms, that You have read and understood these Terms, and any other additional policies or guidelines posted on this Application from time to time and agree that these Terms constitute a legal and binding agreement between You and Necesty . If You do not understand the Terms or if these Terms or any part of these Terms is not acceptable to You, please do not access or use this Application or the Services. If You do not agree to all of these Terms, You shall refrain from accessing, downloading, or installing this Application.

2. DESCRIPTION OF SERVICES

2.1. Our Application operates as a platform providing You with the opportunity to view and publish content across various categories such as jobs, classifieds etc. Through our Application, You can browse content posted by various users and also post content to offer your products, services or classifieds to our users. We facilitate interactions between individuals, businesses, and companies, enabling them to connect and transact with one another. Our Application offers a dynamic marketplace where You can list items for sale, search for specific products, or explore service offerings etc. However, apart from being a marketplace connecting users, we do not offer, buy, sell any products or services to our users.

3. CONTENT POLICY

3.1. You acknowledge and understand that Necesty assumes no responsibility for, and exercises no control over, various elements within the Application, including but not limited to advertisements, product listings, and any other information, data, text, images, videos, or materials that are posted, uploaded, transmitted, or made available on the Application (“Content”). This encompasses a wide array of Content, such as product descriptions, comments, reviews, and any user-generated contributions. By accessing or using the Application, You agree that https://necesty.com/privacy-policy/ bears no liability for the accuracy, completeness, or legality of such Content. It is important to recognize that while the Application endeavors to maintain a high standard of quality and integrity, the Content provided by users may vary in terms of accuracy, relevance, and reliability. Therefore, You are advised to exercise caution and discretion when interacting with or relying upon any Content available on the Application.

3.2. You acknowledge that Necesty does not pre-screen or endorse any Content but reserves the right, at its discretion, to refuse, delete, or relocate any Content that violates these Terms or for any other reason. Additionally, the Content available through the Application may include links to unrelated third-party websites. Necesty does not guarantee the accuracy or authenticity of information on third-party websites, and linking to them is at Your own risk. Necesty disclaims all liability related to third-party websites.

3.3. You recognize and accept that You bear sole responsibility for any Content You post on, transmit through, or link from the Service, along with the consequences of such actions. Specifically, You are accountable for all Content you upload, email, or otherwise provide via the Service. In relation to such Content, You affirm that: (i) You possess the necessary licenses, rights, consents, and permissions to use it on the Service and Application, including all intellectual property rights, and authorize Necesty to utilize the Content as outlined in these Terms; and (ii) You have obtained the requisite consent, release, and/or permission from each identifiable individual or business mentioned in the Content to use their name or likeness as contemplated by the Service and these Terms. You retain ownership rights to Your Content; however, by submitting any Content on the Application, you grant Necesty an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application.

3.4. You also grant each user of the Application: (a) a non-exclusive license to access Your Content via the Application, and (b) the right to contact You regarding the Content You’ve posted, either through private chat or other means. This license granted to users by You ends when You or Necesty remove or delete the Content from the Application. Additionally, You authorize Necesty to share Your Content with third parties as necessary for the transactions outlined in Your classified advertisement.

3.5. Necesty does not endorse user-generated Content or any opinions expressed therein and disclaims liability for such Content. We do not tolerate copyright infringement and will remove infringing Content upon proper notification. We reserve the right to remove any Content without notice and may terminate access for repeat infringers or those violating Our terms. We also reserve the right to judge Content appropriateness and compliance.

4. RESTRICTIONS ON THE USE OF APPLICATION

4.1. You agree to refrain from posting, emailing, messaging, hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information on the Application, or making any Content available in any form:

4.1.1. That violates any law or regulation;

4.1.2. That it is copyrighted, patented, or trademarked Content, or any material subject to third-party proprietary rights, unless You own the rights or have proper permission to do so and grant Necesty the necessary license rights.

4.1.3. That is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

4.1.4. That is harmful to the child in any way;

4.1.5. That belongs to another person and to which the You do not have any right;

4.1.6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;

4.1.7. That impersonate another person;

4.1.8. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

4.1.9. That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense, or prevents investigation of any offense, or is insulting other nations.

5. CONSENT TO USE DATA

5.1. You agree that We may, in accordance with Our Privacy Policy, collect and use Your personal data.

5.2. By creating an account and accessing the Services provided by the Application, You consent to the utilization of Your personal information and data furnished during the account setup process. This encompasses details such as Your name, contact information, and any other data necessary for the provision of Services. You acknowledge and agree that this data may be employed by the Application for purposes such as account management, communication, and customization of the Services offered to You.

5.3. We may disclose Your data in compliance with laws if directed by law enforcement or government authorities for criminal or civil proceedings. You agree that We have the right to share such data with relevant agencies or entities in such instances.

6. ACCESS TO SERVICES

6.1. Necesty grants You a limited, revocable, non-exclusive license to access and utilize the Service for personal and limited commercial use as detailed herein. This license does not extend to the following: access or utilization of the Service by any third-party agents who offer to provide Content on Service on behalf of others; any form of collection, aggregation, copying, duplication, display, or derivative use of the Service; or utilization of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Necesty or as otherwise specified in these Terms. This means that the access and usage rights granted are strictly personal and may not be extended to any agents acting on Your behalf. Furthermore, You are not allowed to use automated tools or processes to extract data from the Service unless expressly permitted by Necesty or specified in these Terms.

6.2. By agreeing to these Terms, You acknowledge that You have read, understood, and consent to be bound by them. Furthermore, You represent that You possess the legal authority to enter into these Terms, including all Terms specified or referenced herein. Additionally, when utilizing specific Services or materials in connection with the Services, You are subject to any rules applicable to such services or materials.

7. PAID SERVICES

7.1. Fees may apply for posting Content or accessing specific areas of the Service (“Paid Services”). By subscribing to the Paid Services offered via this Application, You explicitly acknowledge and consent to the exclusive privilege of displaying Your Content or advertisement solely within the Application’s platform during active usage. The Terms governing the Paid Services and the contractual relationship between You and Necesty are subject to Indian law. Any disputes or claims arising from or related to the Paid Services will be resolved through earnest negotiations or discussions between You and Necesty before seeking legal recourse.

7.2. The featured advertisements facilitate the display of Your advertisement within the Application, distinguishing it from other Content by highlighting it. Featured advertisements will be showcased within the Application as You access or utilize the Application. Consequently, the visibility of a particular featured advertisement may vary during each instance of browsing the Application. This functionality aims to attract attention to Your advertisements. However, we do not guarantee any increase in responses, and any indications provided on the Application are solely illustrative. The duration for which Your advertisement will be showcased as a featured advertisement is dependent on the duration specified upon purchasing the feature or the package opted by You.

7.3. Payment for the featured advertisement shall be made to Necesty through various payment methods, including but not limited to credit cards, debit cards, or net banking. Upon selecting the featured advertisement option, You will be prompted to choose Your preferred payment method and proceed with the transaction accordingly. The payment process will be conducted securely through the designated payment gateway integrated into the Necesty platform.

7.4. In the event of Your decision to delete or deactivate any Paid Services prior to their active period, We shall not be held liable for refunding any unused duration. Should any technical malfunction within the Application prevent the posting of advertisements, we will promptly notify You and engage in mutual discussion regarding refund options for the remaining duration of Paid Services or extension thereof, as initially agreed upon. However, the refund policy shall not apply if any Content within Your advertisement is found to violate the Terms or if abuse is reported in connection with your advertisement.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. You hereby acknowledge and consent that the materials available on the Application, excluding user-generated Content, encompassing but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, as well as associated trademarks, service marks, and logos, are licensed to Necesty . These materials are protected by copyright and other intellectual property rights in accordance with Indian law. In the course of utilizing the Services, the Application may exhibit trademarks owned by third parties. The utilization of these trademarks may be contingent upon licenses granted by third parties to Necesty . You are expressly prohibited from reverse engineering, decompiling, or disassembling such trademarks. Nothing herein shall be construed to confer upon You any rights pertaining to these trademarks.

8.2. The materials available on the Application are provided to You on an “as is” basis, solely for Your personal information and use. Without the prior written consent of the respective owners or licensees, as applicable, You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit these materials for any other purposes whatsoever. Necesty reserves all rights not explicitly granted herein to the Application and its Contents. You agree not to engage in the unauthorized use, copying, or distribution of any Content beyond the scope expressly permitted herein, including any materials from third parties obtained through the Application, for commercial purposes.

9. INDEMNITY

9.1. You agree to indemnify, defend, and hold harmless Necesty , its officers, subsidiaries, affiliates, successors, assigns, directors, agents, suppliers, users, and employees, from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from: (i) Your use of and access to the Application and/or the Service; (ii) Your violation of any term of these Terms; (iii) Your infringement of any third-party rights, including but not limited to copyright, trademark, trade secret, or privacy rights; or (iv) any claim that Your Content caused harm to an user or a third party. This indemnification obligation shall survive the termination, modification, or expiration of these Terms and Your use of the Service and the Application.

10. LIMITATION OF LIABILITY

10.1. To the fullest extent permitted by law, in no event shall Necesty or any of its directors, officers, employees, agents, or affiliates be liable to You for any direct, indirect, special, incidental, consequential, exemplary, remote, or punitive damage, resulting from the use, or inability to use, the Application or the information, or Content, software and Services advertised or contained on the Application or otherwise obtained from or arising out of Your use of this Application, including for viruses alleged to have been obtained from the use of the Application, whether based in contract, tort (including negligence), strict liability or otherwise, even if Necesty has been advised to the possibility of such damages. This waiver applies without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outrage, or theft, destruction, unauthorized access to alteration of use of any record.

11. TERMINATION

11.1. You acknowledge and consent that Necesty , at its sole discretion, reserves the right (but not the obligation) to delete or deactivate Your account, block Your e-mail or IP address, or otherwise terminate Your access to the Application or use of the Service (or any part thereof), immediately and without prior notice. Necesty also reserves the right to remove and discard any Content within the Service, for any reason or no reason at all, including, but not limited to, if Necesty believes that you have violated these Terms. You further agree that Necesty shall not be liable to You or any third party for any termination of your access to the Application or the Service.

11.2. Necesty retains the exclusive authority to make alterations, suspend, or cease any component of the Services, including both temporary and permanent suspensions.

12. DISCLAIMER OF WARRANTIES

12.1. You explicitly acknowledge and agree that Your use of the Application and the Service is entirely at your own risk. The Application and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind, whether express or implied. All express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Necesty , its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Application and Your use thereof, to the fullest extent permitted by law.

12.2. Necesty does not warrant or represent the accuracy or completeness of the Application’s Content or the Content of any third-party websites linked to the application. Necesty assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage resulting from Your access to and use of the Application and Service; (iii) unauthorized access to or use of Our servers and/or any personal or financial information stored therein; (iv) interruption or cessation of transmission to or from the Application; (v) bugs, viruses, trojan horses, or similar issues transmitted through the Application by any third party; or (vi) errors or omissions in any Content or for any loss or damage incurred as a result of using any Content made available via the Application or the Service.

13. CHANGE IN TERMS

13.1. The Terms are subject to revisions at any time, as determined by Us, and all changes are effective immediately upon being posted on the Application. It is Your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if You continue to use the Application once it has been posted.

14. CAPACITY TO AGREE TO TERMS OF SERVICE

14.1. This Application is intended only for adults and You are eligible to contract as per applicable laws. If You are using/accessing this Application as a representative of any person/entity, You acknowledge that You are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are not allowed to use the Service. If You are a minor under Indian law, please refrain from entering into any transaction through this Application.

15. GENERAL INFORMATION

15.1. These Terms, along with other policies published on the Application, constitute the comprehensive and exclusive agreement between You and Necesty, governing your use of the Services and the Application, and supersedes all prior agreements, whether written or oral. The Terms and the relationship between You and Necesty shall be governed by the laws of India. Any claims against Necesty shall be resolved through mutual discussions or negotiations between You and Necesty. In the event that discussions and negotiations fail to resolve the dispute within fifteen (15) days of commencement, the dispute shall be settled through arbitration by a sole arbitrator, mutually appointed by You and Necesty, in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Kolar, with the venue to be determined at a mutually agreed location in Kolar Gold Fields. All proceedings shall be conducted in English. Subject to arbitration, the courts at Kolar Gold Fields shall have exclusive jurisdiction. In the event that any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, You and Necesty agree to seek to give effect to the intention of both parties as reflected in the provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law. These Terms shall be binding upon and inure to the benefit of the successors and assigns of both You and Necesty.

16. REPORTING VIOLATIONS/GRIEVANCE OFFICER

16.1. If You become aware of any misuse of the Application or Services or any violation of the Terms, please report such misuse and/or violation by sending an email to the grievance officer at the below details.

Name: Ashwini C
Designation: Grievance support
Address: 1806, 1st Cross Road, behind police station, KGF, Robertsonpet, Kolar, Karnataka, 563122
Email: support@necesty.com