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User Agreement

User Agreement

Acceptance of Terms
This User Agreement (this Agreement ), the Privacy Policy, and all policies posted on our sites constitute the terms on which 99Unlimited, ( 99Unlimited ) offers you access to and use of 99Unlimited.com (the Website ), our other sites, and our related services (the Services ). By using the Services, you are agreeing to the terms of this Agreement. Please read the Terms of Service carefully before you start to use the Website. By using the Website (or by clicking to accept or agree to the terms of this Agreement when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.99Unlimited.com/policies/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. 99Unlimited reserves the right, at its sole discretion, to change, add or remove terms in this Agreement at any time. Changes will be effective immediately. For material changes to this Agreement, we will provide you with 30 days' notice on 99Unlimited.com before any amendment becomes effective. It is your responsibility to check this Agreement each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of changes constitutes your acceptance of the amended terms. This Agreement may not otherwise be amended except through mutual agreement by you and a 99Unlimited representative who is authorized to and expressly states the intention to amend this Agreement.
 

Using 99Unlimited.com

  • User Account. In order to use the Services you will be required to set up a user account ( User Account ). You are responsible for maintaining the confidentiality of your User Account information, including your password, and for all activity that occurs under your User Account. You agree to notify us immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by 99Unlimited or by any other user of the Services due to someone else using your password or User Account. You may not use anyone else's password or customer account at any time. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration and/or checkout processes. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
     
  • Prohibited Conduct. While using or accessing the Services you agree not to:
     
  • Taxes. You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of purchases you make. You agree (a) that 99Unlimited has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, unless 99Unlimited is selling the product as the Merchant of Record (the Item Details page will clearly display 99Unlimited as the seller when 99Unlimited is the Merchant of Record.), and (b) to fully indemnify, defend and hold 99Unlimited harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
     
  • Payment. When you make a purchase on 99Unlimited.com, you are purchasing the product from an independent seller and not from 99Unlimited unless 99Unlimited is selling the product as the Merchant of Record. You agree that 99Unlimited is not an agent for you or for the seller and has no authority to act on your or on a seller's behalf. Payments are handled directly between you and the seller. In rare cases, a seller may need to cancel your order. In such cases, a full refund will be applied and you will be notified of the cancellation. 99Unlimited holds its sellers to strict standards and strives to ensure that all orders are processed and shipped.
     
  • Shipment. Shipment of the products you purchase on 99Unlimited.com are made by the seller and not 99Unlimited unless 99Unlimited is selling the product as the Merchant of Record. You agree that 99Unlimited has no obligation to ship to you any product you purchase on its sites, unless 99Unlimited is the seller of the item. You agree to pay the shipping charges in full for any product that you purchase.


Abusing 99Unlimited.com

99Unlimited works to keep the Services working properly and its users safe. You agree to report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate your access to the Services at any time for any reason. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 180 days or longer.


Additional Terms for Sellers

The following agreements and/or policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the Services by sellers:

Store Subscriber Agreement:
http://www.99Unlimited.com/policies/store-subscriber

Prohibited and Restricted Items:
http://www.99Unlimited.com/policies/prohibited-items

Seller Account Policies:
http://www.99Unlimited.com/policies/seller-account-policies

 

Content
By entering into this Agreement, you grant, as well as represent and warrant that you have the right to grant to 99Unlimited a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute all content posted, uploaded, or otherwise provided by you in connection with your use of the Services.


Limitation of Liability
You will not hold 99Unlimited responsible for other users' content, actions or inactions, or items they list. You acknowledge that 99Unlimited is not a traditional auctioneer. Instead, the 99Unlimited.com websites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers, unless 99Unlimited is selling the product as the Merchant of Record. We have no control over, and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items or fulfill orders, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL 99Unlimited OR ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, OR CONTENT, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE 99Unlimited.COM SITE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR IN CONNECTION WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 99Unlimited.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF 99Unlimited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

NOTWITHSTANDING THE PREVIOUS PARAGRAPH, IF 99Unlimited IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) 100.

IN NO EVENT WILL 99Unlimited, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 
Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 99Unlimited NOR ANY PERSON ASSOCIATED WITH 99Unlimited MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER 99Unlimited NOR ANYONE ASSOCIATED WITH 99Unlimited REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

99Unlimited HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Release
If you have a dispute with one or more 99Unlimited' users, you release 99Unlimited (and its officers, directors, agents, subsidiaries, joint ventures and employees) 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.
 

Access and Interference
99Unlimited' websites contain robot exclusion headers. Much of the information on the 99Unlimited' websites is updated on a real-time basis and is proprietary or is licensed to 99Unlimited by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.


Additionally, you agree that you will not:
i.Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

ii.Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from 99Unlimited.com websites without our prior express, written permission and the prior express, written permission of appropriate third part, as applicable;

iii.Interfere or attempt to interfere with the proper working of 99Unlimited.com websites or any activities conducted thereon;

iv.Attempt to modify any information displayed on the 99Unlimited.com websites;

v.Alter prices for products where you are not listed as the Merchant of Record or manipulate the payment process in any way;

vi.Attempt to access our network or infrastructure in any way other than for purposes of browsing and interacting with the Services;

vii.Or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to 99Unlimited.com websites.

 

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We store and process your information on computers located in the INDIA that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications as described in the Privacy Policy. For a complete description of how we use and protect your personal information, see the Privacy Policy. Please do not use our services if you object to your information being transferred or used the ways described in the Privacy Policy.

 

Indemnity
You will indemnify and hold 99Unlimited (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.


No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Notices
Except as explicitly stated otherwise, legal notices shall be served on 99Unlimited, registered agent (in the case of notices to 99Unlimited) or to the email address you provide to 99Unlimited during the registration process (in the case of notices to you). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to any address you provideus. In such case, notice shall be deemed given three days after the date of mailing.

 

Resolution of Disputes
99Unlimited makes reasonable efforts to help resolve differences between buyers and sellers. If you have questions about the product you purchased or your shipment you should contact the seller of your product directly for any customer support that you need. In the event your issue is not resolved by the seller, you should contact 99Unlimited customer service and we will attempt to facilitate a resolution. You may not make any returns to 99Unlimited of products you purchase. You must contact the seller for any product returns that you wish to make.

If a dispute arises between you and 99Unlimited, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 99Unlimited.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with the provisions below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

i.Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Gujarat as they apply to agreements entered into and to be performed entirely within Gujarat between Gujarat residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against 99Unlimited must be resolved by a court located in Ahmedabad, Gujarat, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the exclusive jurisdiction of the courts located within Ahmedabad, Gujarat for the purpose of litigating all such claims or disputes.

ii.Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 1000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

iii.Improperly Filed Claims - All claims you bring against 99Unlimited must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, 99Unlimited may recover attorneys' fees and costs up to 1,000, provided that 99Unlimited has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by 99Unlimited, its licensors or other providers of such material and are protected by INDIA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

i.Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

ii.You may store files that are automatically cached by your Web browser for display enhancement purposes.

iii.You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

iv.If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

v.If we provide social media features with certain content, you may take such actions as are enabled by such features. You must not:

vi.Modify copies of any materials from this site.

vii.Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

viii.Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@99Unlimited.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by 99Unlimited. Any use of the Website not expressly permitted this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

 

Trademarks
99Unlimited' name, the phrase "Catch it While You Can", its logo and all related names, logos, product and service names, designs and slogans are service marks or trademarks of 99Unlimited or its affiliates or licensors. You must not use such marks without the prior written permission of 99Unlimited. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

General

99Unlimited is located at Ahmedabad-380054, Gujarat, INDIA. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Gujarat without giving effect to any choice or conflict of law provision or rule (whether of the State of Gujarat or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the INDIA or the courts of the State of Gujarat in each case located in the City of Ahmedabad. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Agreement, along with the additional terms referenced herein, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Limitation of Liability, Disclaimer of Warranties, Indemnity, Resolution of Disputes, and General.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.