Thank you for using erulee.com provided by Erunik Services (P) Ltd. These Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the services on our website www.erulee.com and our mobile application. Please carefully read these Terms. By accessing or using the site, you are agreeing to these Terms and concluding a legally binding contract with Erunik Services (P) Ltd. . In order to use the Services, you must first agree to the Terms. You can accept the Terms by Clicking to accept or agree to the Terms, where it is made available to you by Erunik Services (P) Ltd in the user interface for any particular Service.
A. Erunik Services (P) Ltd. and its affiliates and / or branches (hereinafter referred to as "Erunik")under the brand name erulee.com and through the website www.erulee.com as well as through its mobile application (hereinafter referred to as Platform), provide Services (“Services shall mean all services provided in the platform including but not limited to social media service, gaming services, streaming service, providing space to Users to advertise for purchase, bidding and selling of gaming related products and services”)
B. The Services provided in the Platform are made available and can be utilized by the User (“User/ Users shall mean any person who registers in the Platform and uses, posts, uploads, streams or accesses the Services in any manner whatsoever including but not limited to browsing the Platform and its Content, posting comments, responding to any advertisements or Content on the Platform, uploads any Content including but not limited to games, advertisements for selling or bidding of products or the like on the Platform”) subject to these Terms of Use. The User shall also conform to any amendments to the terms including but not limited to any revision or updating of the terms made in the Platform for the Services provided at Erunik's sole discretion. Erunik may need to automatically update, pre-load, create new versions of or otherwise enhance the Content in the Platform and Services and accordingly, the system requirements to use the Platform and Services may change over time. User consent to such automatic updating .Users also understand and agrees that they are solely responsible for reviewing these Terms from time to time. The use of Platform after any such amendment or change in the Terms shall be deemed as the User’s express acceptance to such amended/changed terms and the User’s acceptance to be bound by such changed/amended Terms. In the event the User is using any third party service in the Platform, the User shall be conform to the Terms issued and published by such third parties. Erunik may send the User notices of changes to the Platform.
(a)"Content" will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. (b) "User Content" means content that the User uploads, displays, shares or transmits to, through or in connection with the Services, such as advertisements, videos, images, likes, ratings, reviews, messages, profile information, and any other materials that the User publicly displays or is displayed in User account profile.(c) "Erunik content" means content that Erunik creates and make available in the Platform in connection with the Services including, but not limited to, videos, images, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with User account and all other elements and components of the Services excluding User Content and third party content.
A. The Platform allows Users who are registered on the Platform and comply with these Terms to use the Services, listed on the Platform. The object of the Platform is to connect the Users who wish to avail the Services provided in the Platform. The Platform does not support or faciliate any conduct of payment (online & offline) and other transactions, either directly or using third-party vendors towards purchase or bidding of items offered for sale. The online payment option made available is only to avail paid/sponsored advertisements services. The payment for the products bought by the User shall be directly with the seller of the product or service and Erunik shall not be liable for any transactions between the Users & Seller. As a result, and as discussed in more detail in these Terms, the User hereby acknowledge and agree that Erunik 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. Use of the Services in the Platform are at the Users own risk.
B. Erunik does not control the third party content including those which may be uploaded by the Users and therefore is not responsible for authenticity and veracity of the contents of the advertisements, directory information, business listings/information, messages between Users, including without limitation e-mails sent from outside Erunik’s domain or other means of electronic communication, whether through the Platform or another third party Website or offerings, comments, user postings, files, images, photos, video, sounds, or any other material made available through the Platform, and that by using the Platform, user may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Users acknowledges and agree that they are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that they may not rely on said Content, and that under no circumstances will Erunik be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. Users acknowledge and agree that Erunik cannot and does not pre-screen or approve any Content, but that Erunik has the right, in its sole and absolute discretion, to refuse, delete or remove any Content that is or may be available through the Platform, for violating these Terms and such violation being brought to Erunik’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites which are completely unrelated to Erunik. If Users link to third party websites, they may be subject to those third party websites’ terms and conditions and other policies. Erunik makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such third party website, and the Users linking to any other websites is completely at their own risk and Erunik disclaims all liability thereto.
C. Users acknowledge and agree that they are solely responsible for User’s Content posted on, transmitted through, or linked from the Platform and the consequences of posting, transmitting, linking or publishing it. More specifically, the Users are solely responsible for all Content that they upload, email or otherwise make available via the Platform. In connection with such Content posted on, transmitted through, or linked from the Platform by the Users, they affirm, acknowledge, represent, warrant and covenant that: (i) they own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Erunik to use such Content to enable inclusion and use of the Content in the manner contemplated by the Platform and these Terms; and (ii) they have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Platform and these Terms. For clarity, Users retain all of their ownership rights in User Content; however, by submitting any Content on the Platform, they hereby grant to Erunik an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Erunik's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Erunik in order to host and display Users Content. Furthermore, by Users posting Content to any public area of the Platform , they agree to and do hereby grant to Erunik all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Platform by any party for any purpose. As a part of the Service, Erunik may offer the facility of automatically capturing of the "Description" of users advertisements based on the images uploaded by them. Erunik makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by the user at any time while their ad is live. User also hereby grants other Users of the Platform (a) a non-exclusive license to access their Content through the Platform; and (b) the right to contact User with regard to the Content posted by the User through private chat or any other means. The foregoing license terminates once the User or Erunik remove or delete such Content from the Platform. Further, Users grant Erunik the right to make available their Content to any third party in connection with the transaction contemplated in User classified advertisement.
D. Erunik does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Erunik expressly disclaims any and all liability in connection with User Content. Erunik does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Erunik may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Erunik reserves the right to remove any Content without prior notice to the Users. Erunik may also terminate a User's access to the Platform, if they are determined to be an infringer or found to be indulging in any act contrary to these Terms. Further, at its sole discretion, Erunik reserves the right to decide whether any Content is appropriate and complies with these Terms.
A. Erunik may be liable to collect payment for Services which is provided by them and which may be updated from time to time. The Services for which payment may be mandatory including but not limited to subscription fee, bidding fees, publication of advertisement fees etc. The Platform allows for payment for any transaction between User and Erunik through the payment gateway which shall be processed maintained as per RBI guidelines ["Payment Facility"].
B. The Payment Facility provided by this Platform is neither a banking service or a financial service or a NBFC. Erunik shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks.
C. Erunik will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of Erunik.
D. While accessing the Payment Facility of this Platform, the Users consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between Erunik and the User. Erunik reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third party environment.
E. The User consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility.
F. The User warrants that all information supplied them while using the Services, including without limitation his name, email address, home address, telephone number, Bank account details (Account Number, name, Account type, IFSC code etc. as and when required), is true and accurate. The User absolves Erunik of financial or other liabilities, if any due to misstatement or errors in the data shared by the User. The User agree and understand that Erunik, its affiliates and related entities shall not be liable and will be held harmless and indemnified against any claims / damages arising out of the transaction between the User and Erunik.
G. Erunik will not be responsible for any loss or damage arising directly or indirectly to the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the User, exceeding the limit of transaction (a) mutually agreed between Erunik and the User or (b) imposed by this Platform
H. Erunik reserves the right to impose limits on the number of transaction done by the User.
A. Erunik grants Users a limited, revocable, non-exclusive license to access and use the Service for personal use. The license set forth in this Section permits users to display on their website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online social media). Users are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Erunik, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Platform beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Platform or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, users must first obtain a license from Erunik. Every effort is made to keep the Platform up and running smoothly. However, Erunik takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond the control of Erunik.
B. Erunik reserves the right to charge subscription and/or membership fees from a User and amend the same, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Platform anytime in future.
C. Users agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available Content: a.that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the Users are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Erunik all of the license rights granted herein; b.that infringes any of the foregoing intellectual property rights of any party, or is Content that the User do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s); c.that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever; d.that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; e.that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant. f.that threatens 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; g.that includes personal or identifying information about another person without that person's explicit consent; h.that impersonates any person or entity, including, but not limited to, an Erunik employee, or falsely states or otherwise misrepresents an affiliation with a person or entity; i.that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer; j.that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature; k.that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Erunik users who have requested not to be contacted about other services, products or commercial interests; l.that includes links to commercial services or Third Party Websites, except as specifically allowed by Erunik; m.that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law; n.that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource; o.that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service or Platform; or p.that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
D. Additionally, Users agree not to: a.contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User; or to "stalk" or otherwise harass anyone; b.make any libellous or defamatory comments or postings to or against anyone; c.collect personal data about other users or entities for commercial or unlawful purposes; d.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), general purpose internet search engines and non-commercial public archives (e.g. archive.org) that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file; e.for purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services; f.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; g.post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas; h.attempt to gain unauthorized access to computer systems owned or controlled by Erunik or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform. i.use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Erunik'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. j.use any automated device or software that enables the submission of automatic postings on Erunik without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or k.Any Content uploaded by user shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if users are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Platform, Erunik may terminate the account/block the access to the Platform and further reserve the right to remove any non-compliant Content uploaded.
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Erunik prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Erunik. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Erunik.
A.Erunik is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the Platform, or items advertised on the Platform, by end Users or any other third parties.
B.If Users are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon their intellectual property right or intellectual property right of the owner on whose behalf they are authorised to act by Erunik, Users may submit a notification to Erunik together with a request to Erunik to delete the relevant Content in good faith in the claims of infringement form available here. In the event the Users intellectual property is infringed by third partiesincluding other Users , the User shall directly take up the same with the third party infringing the intellectual property. For the avoidance of doubt, Erunik shall not be a party any dispute arising from such infringement.
A.Users acknowledge and agree that the Content on the Platform, other than the User Content that is licensed, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the likeand the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Erunik, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Erunik. Users shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant user any right in relation to such trademarks. Content on the Platform are provided to Users AS-IS for their 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. Erunik reserves all rights not expressly granted herein to the Platform and the Content. Users agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Platform for any commercial purposes. If Users download or print a copy of the Contents for personal use, they must retain all copyright and other proprietary notices contained therein. Users agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. 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 Platform, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Content , or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. Users further agree not to reproduce, duplicate or copy Content or any material from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. They may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Users understand that when using the Platform, they will be exposed to Content from a variety of sources, and that Erunik is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and users agree and assume all liability for their use. Users further understand and acknowledge that they may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and they agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against Erunik with respect thereto.
Users agree to defend, indemnify and hold harmless Erunik, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) their use of and access to the Platform and/or the Service; (ii) their violation of any term of these Terms; (iii) their violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iv) any claim that their Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and their use of the Service and the Platform.
Users acknowledge and agree that Erunik shall not be liable for their interactions with any organizations and/or individuals on the Platform or through the Services. 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 users may have with other organizations and/or individuals. These dealings are solely between User and such organizations and/or individuals. Users agree and acknowledge that Erunik shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between Users and any third party, Users understand and agree that Erunik is under no obligation to become involved in such dispute. In the event that Users have a dispute with one or more other Users, they hereby release Erunik, 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.
Users acknowledge and agree that Erunik may establish limits from time to time concerning use of the Services in the Platform, including among others, the maximum number of days that Content will be maintained or retained by the Platform the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Platform, and the frequency and the manner in which users may access the Service or the Platform. User acknowledge that User account is identified and linked through user, other popular social media account or email address through which User have registered. In the event a User have more than one account linked through social media accounts or email address, Erunik reserves the right to remove or restrict the usage of such duplicate accounts. User acknowledge and agree that Erunik has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform. User acknowledge and agree that Erunik reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that Erunik shall not be liable to User or to any third party for any such modification, suspension or discontinuance of the Services in the Platform. User acknowledge and agree that Erunik, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate user account, block user e-mail or IP address, or otherwise terminate User access to or use of the Services in the Platform (or any part thereof), immediately and without notice, and remove and discard any Content within the Platform, for any reason or no reason at all, including, without limitation, if Erunik believes that User have violated these Terms. Further, user agree that Erunik shall not be liable to User or any third-party for any termination of User access to the Platform. Further, User agree not to attempt to use the Platform after any such termination.
USER EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICES IS ENTIRELY AT THEIR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW. ERUNIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND USE THEREOF. ERUNIK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. ERUNIK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ERUNIK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL Erunik, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Erunik HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF USE OF THE PLATFORM OR THE SERVICE BY THE USER, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Erunik SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Erunik SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER. THE PLATFORM IS CONTROLLED AND OFFERED BY Erunik. Erunik MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Erunik without restriction. Any assignment or transfer by User shall be null and void.
This Platform is intended only for adults and that the User is eligible to contract as per applicable laws. If User is using/accessing this Platform as a representative of any person/entity, User acknowledge that User are legally authorised to represent that person/entity. User affirm that they are either at least 18 years of age or above 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.
A.Any violations of the Terms that User becomes aware of can be reported by contacting Erunik using the link at the bottom of the www.erulee.com. Any failure to act by Erunik with respect to a breach by User or others does not waive Erunik right to act with respect to subsequent or similar breaches by User or others. User understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then User will be liable to pay Erunik liquidated damages for any contravention.
B.Erunik retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
A.Erunik shall be responsible for the collection, use, and retention of personal information in accordance with applicable Laws.
B.Type of Information Collected: (i)When User visit the Platform, Erunik may collect certain non-personal information such as Internet Protocol ("IP") address, operating system, browser type, and Internet service provider. This type of information does not identify User personally. When User register with the Platform, Erunik may also collect personal information that User shall provide such as name, mailing address, email address, phone/mobile number, home country, pincode, and certain other information. The above personal information shall also be collected in the event User logs in via Facebook depending on User privacy settings including but not limited to name, email address, profile picture, list of friends, education etc. ("Registration Information"). User have the option of also providing Erunik their fax numbers, gender, age, and/or company name if User choose to register with Erunik. If User provide phone number, it may be displayed in their posting. Further, if User has provided a phone number and posted an advertisement using their account, User agrees to receive communications on the provided phone number from Erunik which may include but not be limited to automated calls or text messages. The communication may require User to confirm and verify that User account has been used to post the relevant advertisement on the Platform. Erunik may also collect additional information that its Users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. By using this Platform or the Service, User consents to collection, storage, and use of the personal information provided that the same is collected by Erunik. (ii)By using this Platform, user consent to sharing their geolocation data in order to publish information/advertisements of advertisements offered by users close to their location and vice-versa.
C.Cookies: Erunik may use cookies in its Platform to manage its Users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether User is registered in the Platform or not. ("Cookies" are small text files transferred by a web server to user hard drive and thereafter stored on user computer”). The types of information a cookie collects include the date and time user visited, browsing history, preferences, and username. In some instances, third-party service providers may use cookies on the Platform. Erunik cannot control or access cookies used by third- party service providers. This Privacy Policy covers only Cookies used by Erunik, and not any cookies used by third parties. User have the ability to either accept or decline the use of cookies on their computer, whether user are registered with us or not. Typically, User can configure their browser to not accept cookies. However, declining the use of cookies may limit access to certain features of the Platform. For example, user may have difficulty logging in or using certain interactive features of the Platform.
D.How User Information is Used: Erunik may use information provided by User to: (i) enforce the Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist User with technical difficulties. Also, Erunik may share with third- party service providers certain information, such as browser capabilities or operating system, that Erunik have collected in order to better understand which services may interest the User. Erunik reserves the right to block Users located in certain regions from using the Platform. Erunik may retain such information for as long as is required to fulfil its business objective, even after User account is terminated.
E.Protecting User Personal Information: Erunik recognizes that protecting User privacy is important to User. Erunik are committed to protecting the personal information the Users provide. User Registration Information may be protected by a unique customer password and user ID. User should not disclose their password information to anyone and they should always remember to log off if using a shared computer. User may also utilize the Platform as an anonymous user by not registering. Erunik shall take commercially acceptable means to protect the personal information that the User provides in the Platform, however Erunik cannot guarantee its security. Therefore, User acknowledge and agree that Erunik assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between Erunik and such third party. User may participate in Erunik Forum or utilize Erunik Comments feature. For postings to the Forum, the username of the User will be posted. For postings using the Comments feature, user name and email will only be posted if User provide it in the comment. User agree that they are responsible for maintaining the confidentiality of username and password, and all uses of account, whether or not user have authorized such use.
F.Accessing and Modifying Personal Information and Communication Preferences: User may access, remove, review, and/or make changes to personal information that User has provided to Erunik via the Profile Management Page. If User registers or respond to advertisements or posts on the Platform or post any content on the Platform, Erunik may send User certain notifications, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services. Erunik may also send User any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of Erunik’s policies. Erunik may send User a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, User may need to deactivate User account. User can opt out of certain e-mail communications from Erunik, including newsletters, advice on buying and selling on the Platform, notifications that a User has commented on User posting, and notifications that User can refresh posting. Erunik will not change User preferences without their consent. User cannot opt out of receiving transactional communications from Erunik related to their account.
G.Disclosures: Erunik may be required to disclose Users personal information due to legal or regulatory requirements. In such instances, Erunik reserves the right to disclose User personal information as required in order to comply with their legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. Erunik may also disclose information about its Users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Erunik, our Users or the general public; or Erunik are in notice of any criminal activity being conducted via the Platform. User agree and acknowledge that Erunik may not inform the User prior to or after disclosures made according to this section. In the event the assets of Erunik are sold, acquired or merged into another company, the acquiring company shall be given access to User personal information without User consent. In the event Erunik transfers only a part of their business, the acquiring entity may have access to User personal information without User consent and Erunik may send User a notice regarding this sale.
H.GENERAL TERMS
(a)Entire Agreement and Waiver: The Terms, together with the ‘Privacy Policy’ shall constitute the entire agreement between User and Erunik concerning the Services. No failure or delay by Erunik in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. (b)Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect. (c)Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between User and Erunik and User shall have no authority to bind Erunik in any form or manner, whatsoever. I.Disputes: Any disputes regarding user privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum. All disputes shall be internally resolved within 3 (Three) months of the complaint by either party. In the event the disputes are not resolved internally, the disputes shall be governed in all respects by the laws of the India and the courts in New Delhi shall have the exclusive jurisdiction to resolve the disputes between the User and Erunik. . USER AGREE THAT ANY CAUSE OF ACTION BROUGHT BY USER AND ARISING OUT OF OR RELATED TO THEIR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT Erunik MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. J.CARRIER RATES MAY APPLY: By accessing the Services through a mobile or other device, the User may be subject to charges by their Internet or mobile service provider. Therefore, the User is liable to check the same since the User will be responsible for any such costs. K.COMPLETE UNDERSTANDING These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between User and Erunik and govern use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
L.How to Contact Us
If User has questions about this Privacy Policy, please contact Erunik via the below contact.
Email
grievance@erulee.com
Via Regular Post
The
Grievance Cell
www.erulee.com
#122, First Floor,
Narang Colony,
Janakpuri B-1,
New Delhi, Delhi-110058
560103
CHATTER BOX