1. Introduction.

Welcome to www.INDIAPLUS.com.au. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.

2. Your Account

To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.

3. Using INDIAPLUS

To use the Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:

• Violate any laws or the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm INDIAPLUS, the Services or the interests or property of INDIAPLUS users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to the Services.

4. Limitations of Liability

The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. In no event do we accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

To the extent legally permitted we disclaim all warranties, representations and conditions, express or implied, including those of merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Despite the previous paragraph, to the extent permitted by law if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months before the action giving rise to liability, and (b) AUD$100.

5. Abusing INDIAPLUS Services.

INDIAPLUS and the INDIAPLUS team work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to INDIAPLUS and any consequences that may result from your posts. We can at our discretion refuse, delete or take-down content that we think is inappropriate or breaching the above terms. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration.
Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also recognise and accept that INDIAPLUS is not under any obligation to monitor any data or content which is submitted to or available on the Services.

6. Fees and Services

Using the Services is generally free, but we sometimes charge a fee for certain features. If the feature you use incurs a fee, that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for promotional events or new features.

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services.

7. Content

INDIAPLUS Services contain content from us, you, and other users. INDIAPLUS is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. You also waive all moral rights you have in the content to the fullest extent permitted by law.