Terms

1. ACCEPTANCE OF TERMS

Tuffclassified provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as “the Service”) subject to the following terms and conditions (“Terms”). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Tuffclassified services, you agree to abide by any applicable posted guidelines for all Tuffclassified services, which may change from time to time.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Tuffclassified in any way, your only recourse is to immediately discontinue use of Tuffclassified. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s).

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: https://tuffclassified.com/terms-conditions-p25

3. CONTENT

You understand that all postings, ads, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Tuffclassified does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the Tuffclassified site and Content available through the Service may contain links to other websites, which are completely independent of Tuffclassified. Tuffclassified makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Tuffclassified be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. – By having your mobile number listed on Tuffclassified.com, you agree to receive SMS from users who may wish to contact you through the site. You acknowledge that Tuffclassified does not always pre-screen or approve Content (unless specified), but that Tuffclassified shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Tuffclassified site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Tuffclassified, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication/transaction with any of these third parties.

You agree that Tuffclassified shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Tuffclassified is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Tuffclassified, its officers, employees, agents and successors in rights from 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.

5. INTELLECTUAL PROPERTY COMPLAINTS

Tuffclassified is an intermediary within the meaning of section 2(1)(w) of the Information Technology Act, 2000. We do not write the listings on this site. They are posted by the people who use it, and section 3 of these Terms already says that the person who posted Content is responsible for it. We do not pre-screen listings for infringement, and we are not in a position to know who owns what.

We do, however, act on what we are told. If you own a copyright, a trade mark or another right and a listing on this site infringes it, tell us and we will look into it.

5.1 How to complain

Use the complaint form at tuffclassified.com/legal/ip-complaint. It asks for what the law requires us to have, and using it is the fastest way to get a decision. You may also write to the Grievance Officer named in section 5A.

Whichever route you use, a complaint must contain all of the following. Rule 75 of the Copyright Rules, 2013 requires these particulars of a copyright complaint, and we ask for the same detail whatever right is being asserted, because without them we cannot tell a genuine claim from an assertion:

1. a description of the work or mark you own, in enough detail to identify it;
2. the details that establish you are the owner or the exclusive licensee of it, or that you are authorised to act for the person who is;
3. the details that establish that the listing infringes it, and a statement that the use complained of is not a fair dealing or any other use permitted by section 52 of the Copyright Act, 1957, and is not authorised by you, your agent or the law;
4. the exact address of each listing you are complaining about;
5. where the complaint is about copyright, an undertaking that you will file an infringement action in a competent court within 21 days and produce the order to us;
6. an undertaking that you accept liability for any loss caused by a false or misleading complaint, including loss to the person whose listing is withheld;
7. your name, postal address, telephone number and email address, and your signature.

We will not act on an anonymous complaint. A complaint takes a listing away from someone, and the person it is taken from is entitled to know who asked for that and why.

5.2 What we do with it

Copyright. Where we receive a complete complaint of copyright infringement, we may withhold the listings it names straight away and will tell the seller that we have done so. Under the proviso to section 52(1)(c) of the Copyright Act, 1957 we withhold them for 21 days. If within those 21 days you produce an order from a competent court, the listings stay down until that court says otherwise. If you do not, we may put them back, and we will not treat a repeat complaint about the same listing as a fresh one.

Trade marks and other rights. There is no equivalent statutory procedure, and the Supreme Court held in Shreya Singhal v. Union of India (2015) that an intermediary is required to remove content on the direction of a court or an appropriate government agency, not on a private complaint. We will read your complaint, put it to the seller, and decide. We may take a listing down where the infringement is plain, but we are not obliged to, and we will say so rather than leave you waiting.

Court and government orders. Where we receive an order of a competent court or a notification from an appropriate government agency under section 79(3)(b) of the Information Technology Act, 2000, we will act on it within 36 hours, as rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 requires.

5.3 If a listing of yours is withheld

We will email you when it happens, and the email will name the person who complained and say what they claim is theirs. If you think the complaint is wrong, reply and tell us why — that you own the material, that you are licensed to use it, or that the use is one section 52 permits. Send us what you have. We will look at it and we will tell you what we decide.

You may also take the matter to court yourself. Nothing here takes that away from you, and nothing here decides who is right — we are not a court, and a decision we make about a listing is a decision about a listing, not a finding about your rights.

5.4 Withdrawing or correcting a complaint

If you filed a complaint and it was mistaken, tell us. We would far rather put a listing back than leave it down on a claim its own maker no longer stands behind.

5A. GRIEVANCE OFFICER

Rule 3(2)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 requires us to name a Grievance Officer and to publish how to reach them. Ours is:

Navjot Tomer
Grievance Officer, Tuffclassified
16-Ujjwal, Mahanagar Colony
Bareilly, 243001
U.P. India
Email: admin@tuffclassified.com

The Grievance Officer receives complaints about anything on this site — not only intellectual property, but content you say is unlawful, a listing that impersonates you, material about you posted without your consent, or a decision of ours you think is wrong.

We will acknowledge your complaint within 24 hours of receiving it, and dispose of it within 15 days. Where a complaint concerns material of the kind described in rule 3(2)(b) — content exposing a person's private area, depicting them in a sexual act, or an impersonation including an artificially edited image — we will act within 24 hours of receiving a valid complaint from the person concerned or someone acting for them.

Please quote your reference number in anything you send us about an existing complaint. Filing the same complaint again does not make it move faster, and it makes it harder for us to find the thread of what we have already done.

6. PRIVACY AND INFORMATION DISCLOSURE

Tuffclassified has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: https://tuffclassified.com/privacy-p24 Your use of the Tuffclassified website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Tuffclassified may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Tuffclassified, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic in nature

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a Tuffclassified employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);

e) that includes personal or identifying information about another person without that person’s explicit consent;

f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Tuffclassified sites which are not designated for such purposes; or emailed to Tuffclassified users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

j) that includes links to commercial services or web sites, except as allowed in “services”;

k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.

l) 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;

m) 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

n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:

o) contact anyone who has asked not to be contacted;

p) “stalk” or otherwise harass anyone;

q) collect personal data about other users for commercial or unlawful purposes;

r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Tuffclassified;

s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

t) attempt to gain unauthorized access to Tuffclassified’s computer systems 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 Tuffclassified website; or

u) use any form of automated device or computer program that enables the submission of postings on Tuffclassified without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. MARKETING COMMUNICATION

Tuffclassified communicates with you as a registered member through the email id and/or mobile number that is specified in your account. We shall use this email address and/or mobile number to send you following types of communications:
a) E-mails/SMS related to your account,

b) Introduction of new services on Tuffclassified and/or features in your account,

c) Newsletters that you are subscribed to,

d) Updates about changes in our policies.
Please note that these communications may contain commercial messages of advertisers; however, Tuffclassified does not provide your personal information including email and mobile number to any of the advertisers. You may opt out of the newsletters or promotional announcements anytime at your wish.

9. OPT-OUT OF COMMUNICATION

You have an option to opt-out by:
Deleting your posts and/or other informationb) Deactivating your accountc) Unsubscribe from receiving marketing communications

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Tuffclassified email addresses or through Tuffclassified computer systems, which is expressly prohibited by these Terms, will use or cause to be used Tuffclassified servers. Any unauthorized use of Tuffclassified computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. LIMITATIONS ON SERVICE

You acknowledge that Tuffclassified may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Tuffclassified has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Tuffclassified reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Tuffclassified shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

Tuffclassified grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Tuffclassified. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to 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.

“General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Tuffclassified permits you to display on your website, or create a hyperlink on your website to, 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 web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, in absence of express permission granted by Tuffclassified to do so.

You may also create a hyperlink to the home page of Tuffclassified sites so long as the link does not portray Tuffclassified, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Tuffclassified offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Tuffclassified permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that

(a) your use of the RSS feed is for personal, non-commercial purposes only,

(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,

(c) you provide, adjacent to the RSS feed, proper attribution to ‘Tuffclassified’ as the source,

(d) your use or display does not suggest that Tuffclassified promotes or endorses any third party causes, ideas, web sites, products or services,

(e) you do not redistribute the RSS feed, and

(f) your use does not overburden Tuffclassified’s systems.

Tuffclassified reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by Tuffclassified immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Tuffclassified.

13. TERMINATION OF SERVICE

You agree that Tuffclassified, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Tuffclassified believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Tuffclassified shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

We terminate the accounts of repeat infringers. Where the same person is the subject of more than one intellectual-property complaint that we uphold, or where a person reposts material we have already withheld on an upheld complaint, we will close their account and may block their access to the Service. We take the same view of someone who abuses the complaint process itself: a person who files complaints that turn out to be false or made in bad faith may have their access to that process withdrawn, and remains liable under section 5 for the loss they cause.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Tuffclassified.

You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Tuffclassified, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Tuffclassified does not claim ownership of what you post. It stays yours.

By posting Content to a public area of the Service you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and distribute it, and to resize, crop and reformat it, for the purpose of operating and promoting the Service. That includes showing your listing in search results, on category pages, among related listings, in our RSS feeds, and in the alert emails we send to people who asked to be told about listings like yours. Resizing is named because a thumbnail is technically a derivative work, and we make one of every photo you upload.

We may sublicense those rights only to the service providers who carry out that work for us — our hosting, our storage, our content delivery network and our search index — and only for that purpose. You confirm that you have the right to grant this licence for everything you post.

This licence ends when you delete the Content or your account. Two things survive it, and only these: copies held in our backups, until those are overwritten on their ordinary cycle; and our record of Content we removed following a complaint or a legal order, which we keep because it is the record of a decision we may have to stand behind. Our Privacy Policy says how long each is kept.

Separately, and for as long as your Content is on the Service, you grant us the right to prevent anyone else from aggregating, copying, scraping or redistributing it from the Service. Section 12 sets out what we permit and what we do not.

15. DISCLAIMER OF WARRANTIES

You agree that use of the Tuffclassified site and the Service is entirely at your own risk. The Tuffclassified site 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, Tuffclassified disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Tuffclassified site and the Service. To the fullest extent permitted by law, Tuffclassified disclaims any warranties for other services or goods received through or advertised on the Tuffclassified site or the sites or service, or accessed through any links on the Tuffclassified site. To the fullest extent permitted by law, Tuffclassified disclaims any warranties for viruses or other harmful components in connection with the Tuffclassified site or the Service.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

Under no circumstances shall Tuffclassified be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Tuffclassified has been advised of the possibility of such damages), resulting from any aspect of your use of the Tuffclassified site or the Service, whether the damages arise from use or misuse of the Tuffclassified site or the Service, from inability to use the Tuffclassified site or the Service, or the interruption, suspension, modification, alteration, or termination of the Tuffclassified site or the Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Tuffclassified site or the Service or any links on the Tuffclassified site, as well as by reason of any information or advice received through or advertised in connection with the Tuffclassified site or the Service or any links on the Tuffclassified site. These limitations shall apply to the fullest extent permitted by law.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold Tuffclassified, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another

18. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Tuffclassified and govern your use of the Service, superceding any prior agreements between you and Tuffclassified. The Terms and the relationship between you and Tuffclassified shall be governed by the Indian laws without regard to its conflict of law provisions. You and Tuffclassified agree to submit to the personal and exclusive jurisdiction of the courts located within India.

The failure of Tuffclassified to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF THESE TERMS

If you see something on the site that breaks these Terms, tell us. Use the Report link on the listing itself, the contact form, or write to the Grievance Officer named in section 5A. Reports are read by a person.

If we do not act on a breach straight away, that is not us giving up the right to act on it, or on a similar one, later.

19.1 If you break these Terms

In the ordinary case we do the obvious thing. We remove the content, and where the breach is serious or repeated we close the account and may block access to the site. Usually we would rather tell you what is wrong and give you a chance to put it right, and for most breaches that is what happens.

Beyond that, you are liable to us for the loss your breach actually causes us. We may also ask a court to make you stop — an injunction, or specific performance of a term of these Terms — instead of, or as well as, claiming money.

Where what you post harms somebody else rather than us — impersonating them, or publishing their personal details without their consent — we will take it down, and that person keeps every right they have against you. Those are their claims to bring, not ours to charge you for.

19.2 Taking the listings in bulk

One kind of breach is different in kind, not just in degree: copying the listings off this site at scale to republish, resell or index them somewhere else. It is deliberate, it is done by a business rather than a person, and it takes the value of a database built out of other people's work without any of the cost of building it. Section 12 sets out what we permit — a search engine indexing the site normally is fine, and so is linking to individual listings — and what we do not.

If you do it anyway, you agree to pay us ₹1,50,000 for each day on which you do. We name a figure because the loss is real and genuinely awkward to compute, and because the alternative is arguing about arithmetic while the copying carries on. Under section 74 of the Indian Contract Act, 1872 that figure is a ceiling rather than an automatic entitlement: a court awards reasonable compensation up to the amount named, and we would still have to justify what we ask for.

None of this applies to your own content.