THIS FOR THAT - LEGAL TERMS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.thisforthat.in.

Introduction

This User Agreement, along with FAQ’s & Community Guidelines, set out the terms on which THIS FOR THAT offers you access to and use of our sites, services, applications and tools (collectively "Services"). You agree to comply with all the above when accessing or using our Services.

Your use of THIS FOR THAT website (including www.thisforthat.mobi, hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 16th July, 2015 ("User Agreement"). If you reside in India, you are contracting with TFT Online Exchange Private Limited, a company incorporated under Companies Act, 1956 with registered office at 9711/C-9, Vasant Kunj,New Delhi 110070. If you reside outside of India, you agree to be bound by the terms & conditions of this User Agreement, as well as the Information Technology and commercial laws of India.

For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website/Mobile Application by providing Registration Data (as defined hereinafter) while registering on the Website/Mobile Application as Registered User/Guest User using the computer systems of the Website/Mobile Application and accepted this electronic version/electronic record of the User Agreement and has allocated himself a identification user name based on Facebook login particulars, and such other particulars as may be specified as requisite from time to time. You shall also be required to provide access to particulars on your Facebook profile, such as profile picture, friend list, email ID, etc.

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and THIS FOR THAT Rules and Policies, please do not click on the "check box " and on the ”continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.

Amendments: THIS FOR THAT may amend this User Agreement and/or THIS FOR THAT Community Guidelines at any time by posting a revised version on the Website/Mobile Application. All updates and amendments shall be notified to you via THIS FOR THAT Website’s home page. The revised version will be effective at the time THIS FOR THAT posts it on the Website. In addition, if the revised version of this User Agreement includes a substantial change, THIS FOR THAT will provide you with 30 days' prior notice of such substantial change/s by email or as per the Notification Preferences provided by You to THIS FOR THAT. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in THIS FOR THAT Community Guidelines & FAQs. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by THIS FOR THAT Rules and Policies as provided from time to time, along with standard internet privacy policies.

Please note: Various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, User also agrees that your use of respective country’s THIS FOR THAT website/Mobile Application by the user agreement, privacy policy and other rules and policies posted on those websites.

About THIS FOR THAT

This for That is an invite only fashion sharing platform. Here, members can exchange fashion items, including but not limited to clothes, bags, shoes and accessories, from their closet for similar items from someone else’s closet.

THIS FOR THAT clarifies that it is not an e-commerce website/mobile application facilitating sale and purchase of fashion-ware and accessories, and does not permit traders and sellers to operate from its platform. Any misrepresentation in this regard shall be liable to action as per the jurisdiction of New Delhi, India.

1. Membership Eligibility

Use of the Website/mobile application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website/Mobile Application and shall not invite persons, list items, swap, or purchase credits on the Website/Mobile Application. As a minor if you wish to use the Website, such usage must be through your legal guardian or parents who have registered as users of the Website or can use the Website/Mobile Application as Guest User. THIS FOR THAT reserves the right to terminate your membership and refuse to provide you with access to the Website/Mobile Application if it is brought to THIS FOR THAT’s notice or if it is discovered that you are under the age of 18 years.

2. Business entity registration:

Use of the Website/mobile application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website/Mobile Application and shall not invite persons, list items, swap, or purchase credits on the Website/Mobile Application. As a minor if you wish to use the Website, such usage must be through your legal guardian or parents who have registered as users of the Website or can use the Website/Mobile Application as Guest User. THIS FOR THAT reserves the right to terminate your membership and refuse to provide you with access to the Website/Mobile Application if it is brought to THIS FOR THAT’s notice or if it is discovered that you are under the age of 18 years.

Business entities are not permitted to register on the website/mobile application or to utilize it in any other manner. You shall be solely responsible for any loss or damage that arises as a result of your misrepresentation in this regard, and THIS FOR THAT will not be responsible in any manner whatsoever.

Since THIS FOR THAT is not a trading platform, we do not permit usage thereof for ecommerce, nor do we evince preferences for particular brands or categories.

THIS FOR THAT reserves the right to terminate your registration at any time without giving notice or explanation, at its sole discretion.

3.Your Account and Registration Obligations

If you use the Website/mobile application as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by THIS FOR THAT's registration form or provided by You (such information being the "Registration Data") 2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or THIS FOR THAT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, THIS FOR THAT has the right to indefinitely suspend or terminate or block access of your membership with the Website/mobile application and refuse to provide you with access to the Website/mobile application.

4.Electronic Communication

When You use the Website/mobile application or send emails or other data, information or communication to THIS FOR THAT, You agree and understand that You are communicating with THIS FOR THAT through electronic records and You consent to receive communications via electronic records from THIS FOR THAT periodically and as and when required. THIS FOR THAT will communicate with You by email or by posting notices on the THIS FOR THAT Website/Mobile Application or by sending push notification through the mobile application which will be deemed adequate service of notice / electronic record.

5. Fees and Services

Membership on the Website/mobile application is free. THIS FOR THAT does not charge any fee for browsing, listing, swapping and returning on the Website/mobile application. THIS FOR THAT reserves the right to change its Fees and Services policy from time to time. In particular, THIS FOR THAT may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website/Mobile Application. In such an event THIS FOR THAT reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Services policies shall be posted on the Website or communicated to you by sending push notification through the mobile application and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to TFT Online Exchange Private Limited within such time as specified in the invoice.

5.1 Taxes: You are responsible for paying all fees associated with the use of the Website/Mobile application and you agree to bear any and all applicable taxes, charges, cesses, duty etc. levied thereon. Since THIS FOR THAT is a community and not a service provider, it undertakes no liability in respect of any taxes.

5.2 Non-payment: THIS FOR THAT reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website/Mobile application and refuse to provide you with access to the Website/Mobile application in case of non-payment of fees by you to THIS FOR THAT. THIS FOR THAT also reserves the right to take legal action in case of non-payment of fees by you to THIS FOR THAT. THIS FOR THAT at its sole discretion reserves the right to collect or recover or settle any or all fees due and payable by you to THIS FOR THAT under your one or more accounts by deducting the amount owed from any of your credit card balance or by other collection mechanism including, without limitation, by charging the other payment methods on file with us, retaining collection agencies and legal counsel, and instructing our payment partner to deduct the amount owed from your account with the payment partner.

6. Use of the Website/Mobile application

6.1. You understand and agree that THIS FOR THAT and the Website/Mobile application merely provides hosting services to its Registered Users and persons browsing/visiting the Website/Mobile application. All items listed and the contents therein are advertised and listed by Registered Users and are third party user generated content. THIS FOR THAT neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. THIS FOR THAT has no control over content generated by third party users, unless such listings are repugnant to the terms & conditions of this USER AGREEMENT and the Community Guidelines.

6.2. You agree, undertake and confirm that your use of the Website/Mobile application shall be strictly governed by the following binding principles:

  1.  "Your Information" is defined as any information you provide to us or other users of the Website/Mobile application. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
  2.  Your Information (or any items listed):
    The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with this User Agreement and standard privacy policies for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
    You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that:
    (a) belongs to another person and to which You do not have any right to;
    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    (c) harms minors in any way;
    (d) infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
    (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person;
    (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    (i) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) shall not be false, inaccurate or misleading;
    (k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, THIS FOR THAT permits listing and consequent thereto, swapping and exchange of only limited range of goods, as per Q.2 of the FAQs, and by terms of this User Agreement, you assure THIS FOR THAT that you:
    (l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
    (m) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under
    (n) shall not list any goods that are based on animal products, such as fur, or are otherwise restricted or banned under any law in force;
    (o) shall not cause any intentional damage or harm to goods swapped on This For That, and in case of any harm caused, will inform the owner of such goods immediately and provide any such reimbursement as is mutually agreed upon by both parties
  3. Solely to enable THIS FOR THAT to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. THIS FOR THAT will only use Your Information in accordance with the User Agreement and standard privacy policy as applicable to community websites.
  4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to list on the Website/Mobile application. You shall have absolute right, title and authority to deal in and offer such items, goods or products.
  5. In the event that any transaction or attempted transaction relating to any item which violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform This for That of the same, through the ‘Contact Us’ link.
  6. In the event that any transaction or attempted transaction relating to any item which violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform This for That of the same, through the ‘Contact Us’ link.
  7. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the credits of any item on the Website/Mobile application.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, swapping, or return of items or services. You shall not engage in any transaction of an item, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website/Mobile application qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and traded subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any member at any place outside India.
  9. From time to time, you shall be responsible for providing information relating to the items listed by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.

7. Platform for Communication

The Website/Mobile application is only a venue where Users may meet and interact with one another for their transactions. THIS FOR THAT is not and cannot be a party to or control in any manner any transaction between two Users of the Website/Mobile application. Consequently:

  1. All contractual terms are offered by and agreed to between Users alone. The said terms include without limitation, credits, shipping costs, payment methods if any, payment terms, date, period, and mode of delivery related to goods and services, terms of return and directions for use of goods. THIS FOR THAT does not have any control nor determines nor advises nor in any way involves itself in the offering or acceptance of such terms between Users.
  2. THIS FOR THAT is not responsible for any non-performance or breach of any terms agreed upon between Users.  THIS FOR THAT cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website/Mobile application. THIS FOR THAT shall not and is not required to mediate or resolve any dispute or disagreement between Users.
  3. THIS FOR THAT does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be swapped or exchanged on the Website/Mobile application. In particular, THIS FOR THAT does not implicitly or explicitly support or endorse the listing or swapping of any items on the Website/Mobile application. THIS FOR THAT accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  4. THIS FOR THAT does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website/Mobile application and use your best judgment in that behalf.
  5. THIS FOR THAT does not at any point of time during any transaction between Users on Website/Mobile application come into or take possession of any of the goods, nor does it at any point gain title to or have any rights or claims over such goods.
  6. The Website/Mobile application is only a venue through which Users can reach a larger base to list & exchange items or goods. THIS FOR THAT is only providing a platform for communication and it is agreed that the contract for swapping or credit-purchasing any of the listed products shall be a strictly bipartite contract between the Users inter-se. At no time shall any right, title or interest over the items vest with THIS FOR THAT nor shall THIS FOR THAT have any obligations or liabilities in respect of such contract. THIS FOR THAT is not responsible for unsatisfactory or delayed performance of swaps or delays as a result of items which are to be returned by particular Users. All items are listed only for a restricted time and only for the available supply.
  7. At no time shall any right, title or interest over the items vest with THIS FOR THAT nor shall THIS FOR THAT have any obligations or liabilities in respect of such contract. THIS FOR THAT is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of any items listed. All items as offered by Users are at their sole discretion, for a restricted time or otherwise and only for the available supply as offered by Users.
  8. You shall independently agree upon the manner and terms and conditions of delivery, credits, insurance etc. with the other Users that you transact with.
  9. You release and indemnify THIS FOR THAT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/Mobile application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, THIS FOR THAT cannot control the information provided by other Users, which is made available on the Website/Mobile application. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website/Mobile application. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
  10. This for That may offer delivery between users through a third party service, solely as a convenience to Users. By electing to such a service, Users indemnify This For That against any liability from delivery or non-delivery of goods. This For That specifically disclaims any responsibility for conveyance of goods.

8. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in India that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. If you object to your Information being transferred or used in this way please do not use the Website/Mobile application.

8A. Your Consent:

By using the Website/Mobile application and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website/Mobile application by THIS FOR THAT in accordance with the terms of this User Agreement.

9. The Credit System

Credits can be purchased by Users on the Website/Mobile application at rates and terms as listed on the FAQs from time to time. The manner of usage of such Credits, along with exigencies of return and usage thereof, as listed in the FAQs themselves, form part of this User Agreement. Credit value for a particular item once listed and submitted for review and approved by the platform cannot be changed when the item in question is engage in a swap. All transactions, exchanges, and swaps on the platform are to be transacted in credits.

Users may choose to acquire credits against a fee, depending on rates specified by THIS FOR THAT. THIS FOR THAT reserves the right to adjust credits of users against issues as listed at Para 9, 12, 13, 16, & 19 herein.

10. Breach

Credits can be purchased by Users on the Website/Mobile application at rates and terms as listed on the FAQs from time to time. The manner of usage of such Credits, along with exigencies of return and usage thereof, as listed in the FAQs themselves, form part of this User Agreement. Credit value for a particular item once listed and submitted for review and approved by the platform cannot be changed when the item in question is engage in a swap. All transactions, exchanges, and swaps on the platform are to be transacted in credits.

  1. If you breach the User Agreement or Community Guidelines or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;
  2. If THIS FOR THAT is unable to verify or authenticate any information you provide;
  3. If it is believed that your actions may cause legal liability for you, other Users or THIS FOR THAT. THIS FOR THAT may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with THIS FOR THAT or use the Website/Mobile application in any manner whatsoever until such time that such User is reinstated by THIS FOR THAT. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, THIS FOR THAT reserves the right to recover any amounts due and owing by you to THIS FOR THAT and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

11. Listing & Swapping

All listings constitute a firm commitment to swap/exchange. If your listing is accepted by another User, you are obligated to complete the transaction with such User.

By agreeing to swap a listed item, you agree to be bound by the conditions of usage included in the item's description (or linked to from the description) so long as those conditions of swap are not in violation of the User Agreement or unlawful. You are advised to independently verify the credit value of such items if you so desire.

THIS FOR THAT strongly advises you not to test the Website/Mobile application with false listings, as it will put you at substantial personal and legal risk. It is an offence to use a false name, other false personal information, or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure. Willfully entering erroneous or fictitious listings may result in prosecution by THIS FOR THAT.

Please be aware that even if you do not give THIS FOR THAT your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered User on the Website/Mobile application, we encourage you to post feedback on Users you have transacted with.

12. Transactional Security

If THIS FOR THAT has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then THIS FOR THAT may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against such member and/or disqualify that member and any related members from availing protection through this program.

THIS FOR THAT reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, THIS FOR THAT may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members.

Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

If you as a User, choose to reimburse another User, you authorize THIS FOR THAT to deduct or hold an equivalent value of credits accruing to you, and to charge them for such purpose

13. Swaps & Exchanges

As a User, you agree that all items listed by you are duly owned by you, and that you are fully competent to make such a listing. As and when a swap is agreed upon, you guarantee that all such listed items are kept with you in readiness for conveying to the other User.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any credits and return any products that you may have received from the other User. You agree not to list a single product in multiple quantities across various categories on the site/Mobile application. THIS FOR THAT reserves the right to delete such multiple listings of the same product listed by you in various categories.

If you receive at least one offer to swap a listed product at your stated minimum credit value, you are legally obligated to complete the transaction with the agreeing User. You must permit THIS FOR THAT to contact such User within 72 hours of the product swapping successfully, and supply the item as per the transit service provided by THIS FOR THAT, in a merchantable condition. UNLESS:

1. The agreeing User fails to meet terms of your listing;
2. You cannot authenticate the agreeing User’s identity.

Failure to complete the transaction within 72 hours of accepting an offer will lead to nullification of the swap. This for That reserves the right to take such action as it deems fit against the party responsible for nullifying the swap.

Without limiting any other remedies, THIS FOR THAT may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website/Mobile application.

Immediately after any swap is successfully concluded, an e-mail may be sent to both the Users, providing each of them certain contact information of the other party. Please note that such contact information shall be from the data provided by Users in their Registration Data on Website/Mobile Application.

14. Feedback

We encourage Users to provide feedback to each other after the transaction has closed, as this helps all Users to know what it is like to deal with the said profiles. After you conduct a transaction, if applicable, we encourage you to leave feedback for the User that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. THIS FOR THAT will not be responsible for the feedback that you post on the Website/Mobile application and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, THIS FOR THAT reserves the right to suspend your membership, and you will be unable to list, swap or bid on the Website/Mobile application.

Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by THIS FOR THAT, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating a reference point for Users, you agree that you shall not market or export your Website/Mobile application feedback rating in any venue other than on the Website/Mobile application.

Import - We do not provide the technical ability to allow you to import feedback from other websites to THIS FOR THAT because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

15. Content

When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorize us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

We may offer catalogues of stock images (includes 3D or 2D images), descriptions, product specifications and other multimedia content including videos, which are provided by third-parties (including THIS FOR THAT users). You may use catalogue content solely in connection with your THIS FOR THAT listings during the time your listings are on THIS FOR THAT's sites/Mobile application.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all THIS FOR THAT policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).

16. Notice for Claims of Intellectual Property Violations and Copyright Infringement

We respond to notices of alleged copyright infringement under the Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us on the ‘Contact Us’ link with an appropriate subject header, and we will investigate.

17. Authorization to Contact You; Recording Calls

You consent to receive autodialed or prerecorded calls and text messages from THIS FOR THAT at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.

You consent to receive autodialed or prerecorded calls and text messages from THIS FOR THAT at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.

THIS FOR THAT may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with THIS FOR THAT or its agents for quality control and training purposes or for its own protection.

Privacy of Others; Marketing

If THIS FOR THAT provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you for. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

18. No Warranty

THIS FOR THAT provides a facility to list products on an "as is where is" basis, and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website/Mobile application is at your risk.

19. Limitation of Liability

In no event shall THIS FOR THAT or its affiliates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/Mobile application, its services or this User Agreement (however arising, including negligence).

THIS FOR THAT's liability in any circumstance is limited to the amount of fees, if any, paid by you to THIS FOR THAT. THIS FOR THAT, its associates, affiliates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/Mobile application or that the operation of the Website/Mobile application will be error free and/or uninterrupted.

Consequently, THIS FOR THAT assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website/Mobile application;
  2. In case of any interruption or errors in the operation of the Website/Mobile application. You expressly understand and agree that THIS FOR THAT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if THIS FOR THAT has been advised of the possibility of such damages).

20. Indemnity

You shall indemnify and hold harmless THIS FOR THAT and (as applicable) THIS FOR THAT’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, THIS FOR THAT Community Guidelines or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

21. Release

If you have a dispute with one or more Users, you release THIS FOR THAT (and our affiliates and subsidiaries, and its respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this Release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

22. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and THIS FOR THAT and you shall have no authority to bind THIS FOR THAT in any manner whatsoever. 

Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of THIS FOR THAT to TFT Online Exchange Private Limited Attn: Legal Department, at 140, Anupam Garden, Sainik Farms, New Delhi 10068 (in the case of THIS FOR THAT) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and THIS FOR THAT with respect to the subject matter hereof.

In THIS FOR THAT’s sole discretion, THIS FOR THAT may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that THIS FOR THAT assigns the Agreement on the same terms or terms that are no less advantageous to You.

23. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website/Mobile application.

24. Arbitration

If any dispute arises between you and THIS FOR THAT during your use of the Website/Mobile application, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Community Guidelines, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by THIS FOR THAT. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

25. Governing Law

The User Agreement, along with conditions or documents it incorporates by reference shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.