Legal Framework on Advertising in India

There is no central statutory agency or single legislation to regulate advertising in India, particularly digital advertising. Advertising is regulated and controlled by a non-statutory body, the Advertising Standards Council of India (ASCI). ASCI is a voluntary self-regulatory council ensuring the protection of the interests of the consumers.

The council works towards ensuring that advertisements conform to its Code for Self-Regulation (“ASCI Code”) which requires advertisements to be legal, decent, honest, truthful and not hazardous or harmful and should observe fairness in competition. The purpose of the ASCI Code is to regulate advertisements and to control the content of advertisements.

ASCI Code applies to all entities involved in the commission, creation, placement, or publishing of advertisements. The ASCI Code applies to advertisements read, heard, or viewed in India if they are directed to consumers in India. The ASCI Code needs to be read with other laws and rules regulating and controlling advertisements in India.

Online advertisement and website content must comply with a range of marketing, consumer, privacy, and contract laws. Online Advertisers should comply with ASCI, the Indian Penal Code, the Information Technology Act, 2000 and other applicable laws.

Regulation of Advertising

There are specific laws in India governing specific media, specific populations, and specific goods and services. GCI must ensure that the Advertisers comply with the requirements under specific laws regulating advertisements for their specific product / service, including rules and regulations related to advertisements applicable to their specific industry.

Key Laws governing Advertising in India

  • The Consumer Protection Act, 2019 and related Rules;
  • Emblems and Names (Prevention of Improper Use) Act, 1950;
  • Young Persons (Harmful Publications) Act, 1956;
  • Standards of Weight & Measures Act, 1976;
  • Indecent Representation of Women (Prohibition) Act, 1986.
  • Intellectual Property Rights Intellectual property rights related laws, i.e., the Trade Marks Act 1999, the Patents Act 1970, the Design Act 2000, and others offer protection to owners of intellectual property. According to ASCI Code, no advertisement may be in violation of intellectual property rights of any other person as recognised under such laws. Laws related to intellectual property rights which are industry specific Laws, include, laws like, the Drugs and Cosmetic Act, 1940; the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954; Securities and Exchange Board of India Act, 1992; Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003; Public Gambling Act, 1867; the Food Safety and Standards Act, 2006, etc.

GCI has to ensure that its registered Service Providers and Users posting and publishing their advertisements on the Portal ensure that they comply with requirements under these specific regulations applicable to their respective product or service.

The Indian Penal Code 1860 prohibits obscene publications and advertisements. Further, the Indecent Representation of Women (Prohibition) Act, 1986 prohibits indecent representations of women. Sponsorships Products which are banned from advertising may not be used to provide any kind of sponsorship. Also, misleading representation of sponsorship is an unfair trade practice under the Consumer Protection Act, 2019.

Like any other constitutional right, freedom of speech, including advertising is also subject to reasonable restrictions imposed the Constitution of India. The ASCI Code states that no advertisement shall be permitted which derides any race, caste, color, creed, or nationality; or tends to incite people to crime or to promote disorder and violence or intolerance.

There are certain products and services that are banned from Advertising and they include, firearms, weapons and ammunition. Sale and purchase of such items requires a license from government authorities. The Young Persons (Harmful Publications) Act, 1956 prohibits advertisements relating to any harmful publication, i.e., any publication that tends to corrupt a young person (person under the age of 18 years) by encouraging him or her to commit offenses or acts of violence or cruelty or in any other manner whatsoever. Further, the Public Gambling Act, 1867 prohibits gambling activities in India.

ASCI’s Consumer Complaints Council (ASCI's CCC) and the central authority under the Consumer Protection Act handle consumer complaints related to advertisements violating requirements under the applicable laws.

Basis the provisions under various legislations in India on advertising in India, GCI may host the following General Terms of Use and Guidelines for Advertisers on their Portal to ensure that they comply with various legal requirements before publishing and advertising on GCI Portal.

TERMS OF USE & GUIDELINES (FOR ADVERTISERS)

These Terms of Use are an electronic record in accordance with the Information Technology Act, 2000 and the rules notified thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature.

These Terms of Use are 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 Terms of Use for access or usage of domain name www.greencleanindia.com, including the related mobile site and mobile application (hereinafter collectively referred to as “Portal”).

The Portal is owned by Glocal Linkages Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 3122, Sector C, Pocket-3, Vasant Kunj, New Delhi 110070 (hereinafter referred to as "GCI"). GCI owns and operates this Green Clean India Portal.

Your use of the Portal and services on the Portal are governed by the following terms and conditions ("Terms of Use") as applicable to the Portal including the applicable policies which are incorporated herein by way of reference. If You transact on the Portal, You shall be subject to the policies that are applicable to the Portal for such transaction.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a User on the Portal by providing Registration Data while registering on the Portal as a Registered User using the computer systems. The terms "We", "Us", "Our" shall mean Glocal Linkages Private Limited.

GCI provides access to and use of Portal to the service providers to sell products and services (“Services”) and Users to publish, broadcast, and advertise their products and / or services on this Portal, subject to these Terms of Use. The Portal shall be a platform that enables Advertisers to programmatically buy, publish and display ads.

By accessing and using the Portal, including but not limited to the reviews, comments, You are agreeing to all Terms of Use, rules, guidelines, policies and other conditions applicable to such Services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part of these Terms of Use. GCI reserves the right and may, in its sole discretion, amend, change, add, delete any part of these Terms of Use and Services at any time without any written notice to You, by posting a revised version on the Portal. Any revisions to these Terms of Use will take effect when posted on the Portal unless otherwise stated. Your continued use of the Portal or the Services after the effective date of a revised version of these Terms of Use constitutes your acceptance of revisions and you remain bound by the revised Terms of Use. You should check this page regularly to take notice of any changes / updates / revisions We may have made to the Terms of Use and other Services. Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by GCI. In the event of a conflict between these Terms of Use and any other terms of any other agreement, if any, these Terms of Use will control unless the other agreement explicitly states that it controls.

As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Portal.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE / PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING AND ACCESSING THE PORTAL. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by GCI Policies (including but not limited to Privacy Policy available at www.greencleanindia.com/privacy-policy as amended from time to time. If You have any queries about GCI, please do not hesitate to contact Us.

GCI Philosophy on Advertising

We assert on the highest standards and provide Our customers with relevant, honest, truthful, harmless advertising with fairness in competition to enhance users’ experience on the Portal. Our specifications and policy on advertising are in line with the legal requirements on advertising in India.

E-Forum for Communication

You understand, acknowledge and agree that Portal is an online portal that enables communication between Service Providers listed on the Portal and potential Users of the Services. Portal acts only as a Portal for providers and consumers of various services related to waste management, security services and safety equipment, maintenance and cleaning services, gardening and horticulture solutions, water recycling and conservation, packaging and disposables, NGO services and other services related to members of residents welfare societies etc. (“Service Providers”).

You further agree and acknowledge that GCI is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Portal. Accordingly, the contract of services and sale of products and / or services on the Portal shall be a strictly bipartite contract agreed by and between You and the Users who reach out to You on accessing Your advertisement published on the Portal www.greencleanindia.com.

GCI is not responsible for any direct, indirect, speculative or consequential damages, including, but not limited to, any loss of business opportunities and loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages. Service Providers independently agree upon the terms and conditions of sales, payments and insurance etc. with the User(s) that they transact with.

You release and indemnify GCI and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users, Advertisers and the Service Providers on the Portal and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GCI cannot take responsibility or control the information provided by other Users which is made available on the Portal. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Portal.

YOU UNDERSTAND AND AGREE THAT THERE IS NO LEGAL OR BUSINESS RELATIONSHIP BETWEEN GCI AND THE USERS AND SERVICE PROVIDERS USING THE PORTAL. THESE USERS AND SERVICE PROVIDERS ARE INDEPENDENT PERSONS OR LEGAL ENTITIES.

These Terms of Use and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users, Service Providers, Advertisers and GCI, except and solely to the extent expressly stated in these Terms of Use.

Disclaimer of Service Provider – User Relationship

GCI is not Your agent. We only provide hosting services to our registered user; registered service providers; Advertisers and persons browsing/visiting the Portal and facilitates the communication of Service Providers and potential Users. Any electronic communication sent to GCI alone will not create any relationship between the Service Provider and GCI, such being expressly denied.

The Portal is a platform that a user accesses and uses to independently meet and interact with one another and advertise for their transactions. GCI is not and cannot be a party to any transaction or dispute between users on the Portal.

Further, GCI does not promote any User and only seeks to help every User find a Service Provider best suited to his / her requirements and provide a platform to Advertisers to publish and advertise on the Portal. No recipients of content from this Portal should act, or refrain from acting, based upon any or all of the contents of this Portal. You are advised to independently verify the bona fides of any particular buyer or user you choose to transact with on the Portal and use your best judgment in that regard.

Eligibility to Access and / or Use the Portal

Transaction on the Portal is available only to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Portal. If you are a minor i.e. under the age of 18 years, you shall not register as an Advertiser on the Portal, transact or use the Portal. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and You have the authority to bind the business entity to the Terms of Use.

Please take note that there could be implications in dealing with minors or people acting under false pretense.

GCI reserves the right to terminate Your registration, subscription and / or refuse to provide You with access to the Portal if it is discovered that You are under the age of 18 years.

Registration Obligations

To access and use the Portal, you must register for an Account with www.greencleanindia.com. To register for an Account, you must be a legal entity and / or an individual 18 years or older who can form legally binding contracts. By registering for an Account and by using the Portal and advertising, selling or providing Services, or by clicking to accept the Terms of Use when prompted on the Portal, you agree to abide by these Terms and the processes, procedures, and guidelines described on the Portal and to be financially and legally responsible for your use of the Portal and of Services used by the Users, unless such obligations are prohibited by applicable law or these Terms of Use.

You agree to furnish your details and information as requested by us from time to time. You agree to provide true, accurate, and complete information on all registration and other forms on the Portal or provide to Us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about yourself. We reserve the right, in our sole discretion, to indefinitely refuse, suspend, terminate or block your access to the Portal and use of Portal services upon discovery that any information you provided in any form or posted on the Portal is not true, accurate, or complete, or such information or other conduct otherwise violates these Terms of Use.

Username and Password

If you use the Portal, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your system to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under your account or password. You should ensure that the password is kept confidential and secure. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access and use of your password.

If You share or allow others to have access to Your account on the Portal (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

You acknowledge and agree that GCI shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Portal.

GCI is an online Portal where Service Providers can offer their Services to Users, individuals, or a group who can search and connect with the Service Providers of their choice as per their requirement and budget. Advertisers can advertise their products / services. The Portal provides features to offer services, communicate and share documents and updates between the Service Providers, Advertisers and Users. You agree and acknowledge that you will use your Account on the Portal to offer, advertise and provide Services only and not for any other purpose. GCI reserves the right to refuse access to the Portal, terminate accounts, remove or edit content at any time without notice to you.

Privacy

We take data protection and protection of Your privacy very seriously. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, in accordance with the requirements under applicable laws.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Portal and related Services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

Please review our Privacy Policy, available at www.greencleanindia.com/privacy-policy which also governs Your access and / or use of the Portal www.greencleanindia.com, to understand our privacy practices. The personal information / data provided to Us by You during the course of usage of the Portal will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to your information being transferred or used, please do not use the Portal.

Communications

When You use the Portal or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic mode and You consent to receive communications via electronic medium from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

Access to www.greencleanindia.com

We will do our utmost to ensure that availability of the Portal will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Portal may also be occasionally suspended or restricted to allow for repairs, maintenance, or other requirements at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

We may from time to time in our sole discretion develop and provide Portal updates, which may include upgrades, bug fixes, patches, and other error corrections and / or new features. Updates may also modify or delete in their entirety certain features and functionality. You will promptly download and install all Updates and acknowledge and agree that Portal or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to these Terms of Use, unless otherwise provided in terms associated with such Update.

Payment and Fees

Registration on the Portal for Advertisers is chargeable on single payment/subscription basis. The Advertisers shall be required to pay subscription fees for using the services on the Portal and offering and advertising their products / Services. The subscription fee charged from the Advertisers shall be one time/recurring as per the plan selected by the Advertiser.

GCI’s advertisement module (subscription plans) offer different types of ads based on the pages in the Portal and each page has its own preference and prescribed fee.

Upon selection of a subscription plan for a particular location, the advertisement will be shown in that selected location at the Portal in a slider motion, i.e., the Ad will be showcased for 3-5 seconds in the selected location and then some other Ad will be displayed and after some time the same Ad will be shown again on the portal.

GCI does not warrant that the Ad will always be showcased to a User but it will be shown to other Users in that selected location of the Portal only.

GCI does not warrant any success/conversion rate of the advertisements published on the Portal.

GCI reserves the right to change its Fee Policy from time to time. In particular, GCI may at its sole discretion introduce new services and modify some or all of the existing services offered on the Portal. In such an event GCI reserves the right to introduce new fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Portal and such changes shall automatically become effective immediately after they are posted on the Portal. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance to all applicable laws including those in India for making payments to Glocal Linkages Private Limited.

License for Access and Limitation on use of the Portal

Subject to your compliance with these Terms of Use, GCI grants the Advertiser a limited license to access and, if you have created an Account, to use the Portal for the purpose of offering and advertising your products and Services. You must not access (or attempt to access) the Portal and / or Services by any means other than the interface provided, and you will not use information from the Portal or Services for any purposes other than the purposes for which it was made available. You will not access Portal and / or Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Portal and / or Services. GCI logos and names are trademarks of GCI and may be registered.

This Portal or any portion of this Portal (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of GCI, as may be applicable. Any unauthorized use of the Portal terminates the permission or license granted by GCI.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of www.greencleanindia.com as long as the link does not portray Glocal Linkages Private Limited, its officers, directors, employees, agents, Service Providers or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GCI name, logo or other proprietary graphic or trademark as part of the link without express written consent of GCI.

Your Conduct

You must not use the Portal in any way that causes, or is likely to cause, the Portal or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not GCI, are responsible for all electronic communications and content sent from your computer on the GCI Portal and you must use the Portal for lawful purposes only. You must not use the Portal for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity.

From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You undertake that you shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Portal in any manner.

As a registered Advertiser, you shall publish and advertise item(s) and / or services for sale on the Portal in accordance with the policies which are incorporated by way of reference in these Terms of Use. You must have obtained all required licenses and permits required for advertising and sale of Your products and services on this Portal.

You must ensure that the advertised items and services do not infringe any intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

Advertising of items and services must be in accordance with specifications and guidelines as laid down by GCI under these Terms of Use only and shall include text descriptions, graphics, pictures or videos that describe your item or service for sale. These Terms of Use are intended to be read and construed in conjunction with the Ad Specs and Policies (including any ad serving, tracking, and reporting restrictions).

The description of the item or services in the advertisement must not be misleading and must describe actual condition of the product or the services.

If the item description does not match the actual condition of the item and the user procures that item, you agree to refund any amount that you may have received from the buyer.

You further agree, undertake and confirm that Your use of Portal shall be in compliance with applicable laws and shall be strictly regulated by the following:

You shall not host, display, upload, modify, publish, transmit, update or share any information or offer or provide any service which:

  1. belongs to another person and to which You does not have any right to;
  2. is misleading in any way;
  3. harasses or advocates harassment of another person;
  4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  5. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. tries to gain unauthorized access or exceeds the scope of authorized access to the Portal or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Portal or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  11. engages in commercial activities and/or sales without Our prior written consent such as contests, etc.;
  12. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  13. interferes with any User's use and access of the Portal or in any way intentionally manipulates the same;
  14. refers to any Portal or URL that, in Our sole discretion, contains material that is inappropriate for the Portal or any other Portal, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  15. harm minors in any way;
  16. 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 products;
  17. violates any law for the time being in force;
  18. deceives or misleads the users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  19. impersonates another person;
  20. 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, cancelbots or other computer programming routines that may damage, interfere with, diminish value of or intercept any system, data or personal information;
  21. threatens the unity, integrity, defense, 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.
  22. shall not be false, inaccurate or misleading;
  23. 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.
  24. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

You shall not use any "deep-link", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Portal or any Content, or in any way reproduce or circumvent the structure or presentation of the Portal or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Portal. We reserve Our right to block any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any server, computer, network, or to any of the Services offered on or through the Portal, by hacking or any other illegitimate means.

You shall not scan or test the vulnerability of the Portal or any network connected to the Portal nor breach the security or authentication measures on the Portal or any network connected to the Portal. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Portal, or any other customer, including any account on the Portal not owned by You, to its source, or exploit the Portal or any service or information made available or offered by or through the Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Portal.

You shall not make any negative or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of GCI or Service Providers on Portal or otherwise tarnish or dilute any GCI's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any transaction being conducted on the Portal, or with any other person's use of the Portal.

You may not use the Portal or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GCI and / or others.

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 laws, rules and regulations, statutes and ordinances regarding Your use of Our Portal and Services through the Portal and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law or regulations for the time being in force.

You may not transmit any chain letters or unsolicited commercial or junk email to other Service Providers or Users via the Portal. It shall be a violation of these Terms of Use to use any information obtained from the Portal in order to harass, abuse, or harm another person.

Your correspondence or business dealings with, or participation in promotions with users found on or through the Portal, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such user. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user on the Portal.

It is possible that some Users, Service Providers or other Advertisers (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Portal and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Portal, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Portal You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Portal. Please carefully select the type of information that You publicly disclose or share with others on the Portal.

GCI shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Taxes and Charges

It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government.  GCI shall not be responsible for any non-compliance and / or omission on your part.

Compliance with Laws

The Users, Service Providers and Advertisers shall comply with all the applicable laws including but not limited to Consumer Protection Act, 2019 and related Rules, Information Technology Act, 2000 as amended from time to time and related Rules, Laws related to protection of Intellectual Property Rights, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India, Regulations of the Reserve Bank of India applicable to them respectively for using Payment Facility and GCI Portal, laws related to advertising on their respective industry and products / services. The Advertisers represent that they shall obtain all required licences and permits as applicable to them before registering on this Portal.

Violation and Breach

Without limiting other legal remedies, GCI may at its sole discretion, restrict Your activity, immediately remove Your information, warn other users of your actions immediately, temporarily / indefinitely suspend / terminate / block your Account / blacklist and / or refuse you access to the Portal in the event of, (including, but not limited to), Your breach of these Terms of Use, Privacy Policy and / or other policies; or violation of any applicable law or regulation; or if we are not able to verify or authenticate any information you provide; or if it is believed that any of Your actions may infringe any third party IPR and / or cause legal liability for You, other users, or GCI.

We may at any time, at our sole discretion, reinstate suspended and / or blacklisted Advertisers. An Advertiser that has been suspended or blocked may not register or attempt to register with us or use the Portal (through itself or any other entity or legal form) in any manner whatsoever until such time that such an Advertiser is reinstated by GCI. Notwithstanding the foregoing, if you breach these Terms of Use or policies or violate any laws and regulations, GCI reserves the right to recover any amounts due and owed by you to us and take strict legal action and / or initiate criminal or other proceedings against You.

Types of Advertisers

GCI shall, at its own discretion, decide the categories, criteria and parameters of the Service Providers eligible to advertise on the Portal and may, subject to the foregoing, refuse to publish any advertisement on the Portal.

Reviews, Comments, Communications and other Contents Posted on the Portal

At various locations and space on the Portal, GCI may permit Users of this Portal and visitors to this Portal to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on the Portal. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and GCI has no control over such third party user generated content as GCI is merely a facilitator for the purposes of these Terms of Use. GCI is not the publisher or author of such Content. It only stores and displays the ideas and opinions of Users / visitors who post such Content.

You shall be responsible for any notes, messages, emails, reviews, ratings, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Portal. You agree that any Content You post may be used by us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.

You agree and confirm that You shall not host, display, upload, modify, publish, transmit, update or share any information which 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; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; contains video, photographs, or images of another person (with a minor or an adult).

You represent and warrant that you own or otherwise control all of the rights to the Content that you post or that you otherwise provide on or through the portal. You agree that you are solely responsible for the Content or views that you post or that you otherwise provide on or through the portal. GCI disclaims all responsibility for this Content. If any offending material is brought to the notice of GCI, it will be deleted within a reasonable time.

We reserve the right, but have no obligation, to monitor the materials and the Content posted on the Portal. GCI shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PORTAL AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect GCI views. In no event shall GCI assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and / or appearance of Content on the Portal. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

You further agree to indemnify GCI and its directors, officers, employees, representatives and agents for all claims brought by a third party against it arising out of or in connection with a breach of any of these warranties and confirmations.

Third Party Content

Third party content may appear on the Portal or may be accessible via links from GCI. GCI is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third-party content appearing on the Portal. You understand and agree that GCI is only providing hosting services to its registered users and persons browsing / visiting the Portal. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the beliefs, views or opinions of GCI.If You see an offensive, abusive, or any unlawful content on the Portal, you can report it to customer care of GCI.

Unlawful Activity

GCI reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action GCI deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Removal of Objectionable Content

If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, obscene, pornographic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify GCI immediately at wecare@greencleanindia.com in accordance with the removal of objectionable content procedure. Once notified, GCI will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Ownership of Intellectual Property Rights

This Portal is owned, operated and controlled by GCI and products and services are sold by respective Service Providers. All material on this Portal, are protected by copyrights, trademarks, and other intellectual property rights. All right, title and interest in and to the materials provided on this Portal, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned by GCI. Except as otherwise expressly provided by GCI, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of GCI's intellectual property rights, whether by estoppel, implication or otherwise. Contact Us if you have any questions about obtaining such licenses. GCI does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by GCI. Any rights not expressly granted herein are reserved by GCI.

Intellectual Property Claims

GCI respects and ensures protection of the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write and notify GCI immediately at wecare@greencleanindia.com.

Trademarks

www.greencleanindia.com, Green-Clean-India Logo and other marks indicated on our portal are trademarks or registered trademarks of GCI. www.greencleanindia.com graphics, logos, page headers, button icons, scripts and service names are the trademarks of GCI. GCI’s trademarks and logo may not be used in connection with any product or service that is not the property of GCI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GCI. All other trademarks not owned by GCI that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GCI.

Disclaimer

You acknowledge and undertake that you are accessing the Portal and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Portal.

GCI does not at any point in time during a transaction between you and a buyer on the Portal come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

In no event shall GCI be liable for any special, incidental, direct, indirect, or consequential damages of any kind in connection with the transactions between the You and Users and hereby expressly disclaim any and all responsibility and liability in that regard.

Our Contact Details

Please contact Us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Portal.

This portal is operated by Glocal Linkages Private Limited.

For the www.greencleanindia.com Portal.

You could contact us by visiting www.greencleanindia.com/contact-us.

Confidentiality

GCI makes every effort to maintain the confidentiality of any information submitted by Users of Our Portal. It is however highlighted that the use of the internet or e-mail for confidential or sensitive information is exposed to risks. Further, as GCI cannot control the conduct of others, We cannot guarantee that this information will remain confidential. Please use caution when posting or while You input any information on the Portal. GCI is not responsible for any loss of data and / or information resulting from accidental deletion, network or system outages, backup failure, file corruption, or any other such reasons.

Remedies for Violations

GCI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Portal and its features.

GCI's Cancelation / Refund Policy

Please refer to the GCI’S Cancelation/Refund Policy at www.greencleanindia.com/cancellation-and-refund-policy for more details.

Disclaimer of Representations and Warranties

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" or "AS AVAILABLE" basis. GCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GCI makes no warranty that the Services will meet a User's requirements, that the Service will be uninterrupted, timely, secure, or error-free; nor does GCI make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Portal or that defects in the software will be corrected. GCI makes no warranty regarding any goods or services procured or information obtained through the Portal or any transactions entered into through the Portal. No advice or information, whether oral or written, obtained by the User from GCI shall create any warranty not expressly stated herein.

Limitation of Liability

By using the Portal and the Services, you agree that the liability of GCI, its officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall GCI, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from Your advertising or use of the Services or any Content or for any other claim related in any way to your access to the Portal and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Portal, or any loss or damage of any kind incurred as a result of the use of the Services and / or reliance on any Content or information on the Portal.

Indemnity

You shall defend, indemnify and hold harmless GCI its owners and their respective officers, directors, agents, and employees, representatives (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or GCI; or (d) unauthorized, improper, illegal or wrongful use of your GCI account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Services.

Force Majeure

You agree that GCI shall be under no liability whatsoever to you in the event of non-availability of the Portal and / or any of the Services or any portion thereof, due to an Act of God, war, epidemic, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of GCI.

Governing Laws

These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) GCI has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in New Delhi, India.

Waiver

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

Severability

If any provision of these Termsof Useis held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

Amendments

We may revise these Termsof Usefrom time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Termsof Useand to impose new or additional rules, policies, terms, or conditions on your use of the Portal and / or the Services. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Portaland will be effective immediately after such posting and we recommend that you periodically check these Termsof Useon the Portalfor such revised terms. Your continued use of the Services and/or the Portalwill be deemed to constitute your acceptance of any and all such revised terms.

Entire Agreement

These Termsof Use, GCI’s Privacy Policy, Cancellation & Refunds Policy, GCI’s General Advertising Specs & Guidelines For Advertisers and any other terms or policies as may be prescribed by GCIfrom time to time, constitute the entire agreement between you and GCI, which will govern your use of or access to the Services and/or the Portal, superseding any prior agreements between you and GCIregarding such use or access.

Survival

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the termination of these Termsof Use.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are as provided below:

wecare@greencleanindia.com

GENERAL ADVERTISING SPECIFICATIONS & GUIDELINES FOR ADVERTISERS

We regularly review our advertising systems and processes to ensure they meet high standards and the requirements of all applicable laws on advertising, including the Consumer Protection Act, 2019 and related Rules.

It is the Advertiser’s responsibility to comply with all applicable laws and rules and regulations that apply to them and the content of the advertisement. This includes obtaining any required authorizations or approvals from local regulatory authorities for the sale, distribution, or advertisement of the products and services that the Advertiser intends to advertise with GCI on the Portal. In addition, the Advertiser must comply with GCI’s Advertising Specs and Guidelines and Terms of Use for Advertisers.

Based on and in accordance with the guidelines and standards for advertisements issued and prescribed by the Advertising Standards Council of India (ASCI) as well as the laws which, directly or indirectly govern advertising in India, the following guidelines shall be applicable and must be complied with in order to advertise on GCI Portal.

Content

The content of the advertisement must be acceptable according to the general norms and morals and must be suitable as well as understandable for the general public or audience.

The content must be posted in primary language as used on by GCI in order to be easily understood by the Users.

The advertisement content must not contain or infringe any trademarks or copyrights of GCI or any such content which infringes or violates any right or policies of GCI or any third party.

Any content which promotes or may lead to any practices which can result in physical or mental harm of any person or any human being is prohibited. Further, any Content which, directly or indirectly promotes religious hate, incites violence or intolerance, or advocates or discriminates against a protected group, whether based on race, colour, religion, disability, sex, sexual orientation, disability, age, or another category will not be allowed to be posted.

The content posted should not, in any manner, promote the use of illicit drugs or abuse or misuse of any legal drug.

Images and videos must not contain any Nudity, including any intimate body parts obscured with hands, bars or any other graphics. Such intimate parts must be covered with clothing.

Any sexually suggestive positions or poses must not be depicted in any videos or images. Images that draw undue attention to intimate body parts, such as breasts or buttocks, in a sexual way are prohibited. Depiction of minors in any sexual situations is strictly prohibited.

Obscenity

The Advertisements either pictorial or in any other form, must not represent women indecently or in any obscene manner. Any such obscene or indecent publications shall be prohibited. Indecent representation of women means the depiction of the figure or form of a woman in such a way that it has the effect of being indecent or derogatory or is likely to deprave or affect public morality.

Anything posted in contradiction to this clause may lead to legal proceedings under penal provisions against the Advertiser of such content.

False / Misleading Representations

As also prohibited by the consumer protection laws, no such advertisement or content shall be posted which may lead to any false and misleading interpretation by the viewers or users of the subject matter. Any such advertisement posted by any person shall mean that such person intentionally wants to mislead the viewers.

Misleading representation of any sponsorship through the way of any advertisement will be an unfair trade practice performed by the Advertiser. Any such content which may mislead the viewers is prohibited as is against the interest of the viewers.

Illegal Trades

Any advertisements which, directly or indirectly promote or lead to public gambling, lotteries or any such other games or trades as prohibited by the relevant Indian Laws are prohibited. No advertisement shall promote any online gambling sites or contain any link which may lead to such illegal sites. However, games of mere skills or any educational games such as quizzes or any scientific games may be promoted.

Further, any such content or advertisement which promotes or leads to any illegal or unauthorized business or any website indulged in any such business is prohibited.

No such advertisements shall be posted which may lead to indulgence of any viewer into any unfair or fraudulent investment schemes. Laws such as SEBI Act have been enacted to protect the rights and interests of investors and such laws prohibit posting or publishing any such content or advertisement which may violate or may be against the interests of such investors such as any advertisements of any securities or investment schemes involving high risk and no protection of the investors.

Violence

Advertisements must not contain any harmful publications which may, directly or indirectly lead to any harmful activity or any violence or damage to general public.

Protection of Minors

The Advertisers, promoters or the persons posting any content or advertisement must understand and acknowledge that children/minors may also access the Website and thus, must not contain any contents which may negatively or in an improper manner influence the minor or may lead to indulgence of Children in any improper acts. The Users posting any content or advertisements shall consider it their duty and obligation to protect the interests of the Minor and thus must not post any Ads or contents in contradiction to this clause.

Alcohol and Related Products

Any advertisement (image, video or any other content) may promote (if required) only reasonable consumption of Alcohol. However, any such advertisement must not contain/depict:

  • People actively engaged in drinking or smoking.
  • Children or adults which may appear to be below the age of 25 years
  • Associate with or promote drinking while driving or drunk driving.
  • Promote smoking or excessive drinking.

If advertising content does not comply with GCI advertising policies and guidelines, GCI reserves the right to terminate, suspend or block the account.

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