Terms Of Use

  • This document describes the terms and conditions on which Secondbuy.in offers a Member ("You") access to our services. If you have questions that are not addressed in this agreement, please contact us.

  • Please read this agreement carefully

    By utilizing this site in any manner, you accept the terms and conditions in our Terms of Use (also referred to as our Member/User Agreement), and all policies referenced.

  • Acceptance of Terms

    By completing the sign-up process, you accept the terms and conditions in our Terms of Use, and to abide by the other terms, policies, procedures, and guidelines on Secondbuy.in. Secondbuy.in may amend these terms from time to time. If you do not agree to the changes, you must request that your account be closed. Your continued use of our service will signify your acceptance of the updated terms.

  • Secondbuy.in Is Only a Venue

    Secondbuy.in acts as a matching service for Members to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the posted advertisements, or the truth or accuracy of the content on our site.

  • Membership Eligibility

    By joining Secondbuy.in, you warrant that:

    • Your supplied email address is a valid means of communication with you, and will remain up-to-date.
    • Your supplied contact information is accurate and complete, including but not limited to your month and year of birth, your full name, city, state, and postal code.
    • You have not already registered with Secondbuy.in. In general, only one account per individual and/or business entity may be active at any point in time.
    • If you are registering as a business, you represent that you have the authority to bind the entity to this Agreement.
    • Secondbuy.in may, under its sole discretion, terminate any membership account at any time for any reason, including but not limited to our inability to confirm any element of your membership eligibility. Further, your account (including feedback and sign-in name) may not be transferred or sold to another party.

  • Member Sign-up Names

    Secondbuy.in may, at it sole discretion, change or remove any member sign-up name. Action may be taken on names which:

    • Represent any form of contact information (URL, email, phone, etc).
    • Represent something other members may consider offensive or inappropriate.
    • Cause confusion in our marketplace
    • Categorised as SPAM by the company

  • Member Obligations and Terms

    You are solely responsible for your information, and we act as a passive conduct for your online distribution and publication. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items and services. We may take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us. You acknowledge that Secondbuy.in may not pre-screen content, but that Secondbuy.in and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is available via the service. In addition, Secondbuy.in has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. Secondbuy.in reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
    Content. You agree that your information and the content you post on Secondbuy.in:

    • will be true, accurate, and up-to-date.
    • will not be fraudulent or involve the sale of stolen items.
    • will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
    • will not be defamatory, trade libellous, unlawfully threatening, or unlawfully harassing.
    • will not be obscene or contain child pornography.
    • will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
    • will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include.
    • are in accordance with Secondbuy.in's Ad Guidelines.

  • Fees

    Unless otherwise stated, all monetary values are quoted in Indian Rupees You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the Secondbuy.in service. We may, at our sole discretion, change some or all of our services, our Fees and Payments Policy, and/or the fees for our services.

  • License

    You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your posted content, in any media now known or not currently known.
    Privacy. Secondbuy.in will only use your personal information in accordance with our Privacy Policy.

  • The Trading Process

    Negotiating. Members negotiate with each other through the process of formulating offers and counteroffers. Making an acceptance or confirmation of an acceptance constitutes an obligation for all parties involved to complete the transaction. Acceptances are not retractable except in exceptional circumstances. These circumstances may include, but are not limited to situations where a Member materially changing the description of the item after your offer was made or clear typographical errors, or when you cannot authenticate the identity of a Member involved in the trade.

  • Posting

    Ads are text descriptions, graphics, and/or pictures on Secondbuy.in's website supplied by you that either (a) describe a good or service you have or provide (b) describe a good or service item you are seeking. You may post either or both of these types of ads on Secondbuy.in's site, provided that you place such ads in an appropriate category. Secondbuy.in is not responsible for the accuracy or content of ads. All ads are subject to approval based on Secondbuy.in Ad Guidelines. Disputes. Secondbuy.in is not responsible for resolving disputes between parties.

  • The Trading System

    You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Secondbuy.in site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.
    Manipulation. You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another trader.
    Ratings. You may not take any actions which may undermine the integrity of the ratings system, such as leaving positive ratings for yourself using a secondary member account or third party, leaving negative ratings for other Members using secondary accounts or third parties, or leaving negative ratings if a Member fails to perform some action that is outside the scope of the transaction. If your Member rating is one star or lower, we may suspend your account, and you will no longer be able to participate in transactions.

  • Copyrights

    Secondbuy.in deals with copyright infringement in accordance with the TheCopyright Act, 1957. You may not post, upload, or otherwise place any content or information on the Secondbuy.in site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on Secondbuy.in without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail or email. This contact information is only for suspected copyright infringement. Please include the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on.
    • Typically, this should reference an individual listing page, in the form of Secondbuy.in/2KXYZ.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
    • Be aware that if you knowingly misrepresent that material or activity on Secondbuy.in is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
    • Secondbuy.in maintains a repeat infringer policy that provides for the termination of user accounts in appropriate circumstances.

  • General Legal Terms

    Our service is provided "as is." We will try very hard to make your experience with Secondbuy.in a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, you agree that Secondbuy.in's services are provided "as is." We cannot assume responsibility for the timelines, deletion, misdelivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE Secondbuy.in WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT

  • Suspension/Termination

    We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current ads, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, Secondbuy.in may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

  • Limit of liability

    IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) INR 5000.

  • General compliance with laws

    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, ads, purchases, and sale of items and services.

  • No agency

    You and Secondbuy.in are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  • Notices

    Except as explicitly stated otherwise, Secondbuy.in may provide you with notices via email, regular postal mail, or postings on the Secondbuy.in web site.

  • Arbitration

    Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the The Arbitration and Conciliation Act, 2015. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi only..

  • Jurisdiction and Venue

    This Agreement shall be governed in all respects by the parliamentary and state laws of GNCTD. The seat for any dispute arising from your use of Secondbuy.in shall be the office of Seconduy.com only. 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. Headings are for reference purposes only and in no way define, limit, construe, or describe 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.

  • Other Agreements

    If you and Secondbuy.in have entered into a separate written agreement that covers your use of Secondbuy.in, the terms and conditions of such agreement shall control to the extent they are inconsistent with our Terms of Use.

  • Paid services

    By posting Paid Services on the Website you enter into an agreement with Secondbuy.in India, the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Website and the Services. Currently, we offer the following kinds of features for Paid Services. Only some of these features may be made available to you by us, depending on your usage, category, geographical location and medium of purchase.

  • Featured Ads

    Featured Ads is a feature that enables the display of your advertisement in a designated area of the Website and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website.
    This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
    The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 30 days from the original date of posting the Content on the Website, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you on a discounted price as mentioned on the Website. Secondbuy.in reserves the right to limit the extent and manner in which Featured Ads may be edited by you.

  • Boost to Top

    Boost to Top is a feature that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted. Your ad will remain in that spot until new advertisements are posted in that category, at which point it will move down accordingly in the listing space.
    This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
    Boost to Top can be availed for an already posted ad, however, it does not increase the validity of an ad which currently in 30 days from the posting date.

  • Auto Boost

    Auto Boost is a feature similar to our “Boost to Top” feature (refer above) that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted, just that Auto Boost does this automatically at defined intervals. Secondbuy.in India shall have the sole discretion to determine the frequency of such intervals for bumping of the advertisement that may differ across categories, usage, and geographical location.
    This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers – all on a continuing basis with the convenience of our systems boosting your advertisement on top, during its validity, at a defined periodicity. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
    Auto Boost can be availed for an already posted ad, however, it does not increase the validity of an ad which currently is 30 days from the posting date.

  • Paid Ads

    Paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 3 advertisements in a category in the last 30 days and the free limit is 3 advertisements per month for such category, you will not be allowed to post a free advertisement after you have posted your third advertisement. All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits.
    You can either purchase a single Paid ad or can avail bulk packages (“Paid ads package”) based on your requirement which shall be provided to you on a discounted price as mentioned on the Website.

  • Validity of Paid ads

    Limited Paid ads package – In Limited Paid ads package, you can post a limited number of ads during the validity of the package. Paid ads in this package shall each be valid for 30 days from the date of posting regardless of when it is posted by you during the life of the Limited Paid ads package.
    Unlimited Paid ads package – In Unlimited Paid ads package, you can post unlimited ads during the validity of the package. Regardless of when you post an advertisement during the life of the package, the advertisement will only remain valid during the validity of the package.

  • Payment for Paid Services

    Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as PayU offering payment through various channels such as net banking, debit card and credit card (“PaymentGateway”). Secondbuy.in may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.
    You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status. Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.

  • Refunds/Cancellation

    If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account.
    The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.

  • Posting agents

    As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Secondbuy.in prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Secondbuy.in. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Secondbuy.in.

  • Access to the service

    Secondbuy.in grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) 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 Secondbuy.in or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that 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, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, 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 blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Secondbuy.in, your use will be considered to be in violation of these Terms, unless Secondbuy.in expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Secondbuy.in, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. 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 Secondbuy.in.

  • User submissions

    You understand that when using the Platform, you will be exposed to Content from a variety of sources and that Secondbuy.in is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Secondbuy.in with respect thereto.

  • Indemnity

    You agree to defend, indemnify and hold harmless Secondbuy.in, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

  • No spam policy

    You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Secondbuy.in email addresses or through Secondbuy.in computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Secondbuy.in may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Secondbuy.in email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Secondbuy.in computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  • Dealings with organizations and individuals

    You acknowledge and agree that Secondbuy.in shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Secondbuy.in shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Secondbuy.in is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Secondbuy.in, its officers, employees, agents and successors from any and all 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.

  • Limitations of liability

    IN NO EVENT SHALL Secondbuy.in, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Secondbuy.in HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Secondbuy.in SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Secondbuy.in SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY Secondbuy.in. Secondbuy.in MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  • ASSIGNMENT

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Secondbuy.in without restriction. Any assignment or transfer by you shall be null and void.

  • ABILITY TO ACCEPT TERMS OF SERVICE

    This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, are not allowed to enter into the contract

  • VIOLATION OF TERMS AND LIQUIDATED DAMAGES

    Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Secondbuy.in homepage at www.Secondbuy.in. Any failure to act by Secondbuy.in with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Secondbuy.in the following as liquidated damages (and not a penalty):

    1. If Secondbuy.in establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Secondbuy.in Rs.10,000/- for (i) each message posted in excess of such limits or (ii) for each day on which you access Secondbuy.in in excess of such limits, whichever is higher.
    2. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under Section xx(e) below you agree to pay Secondbuy.in Rs.10,000/- for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Secondbuy.in an additional Rs.10,000/- for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
    3. If you use Secondbuy.in e-mail addresses or computer systems to send unsolicited e-mail advertisements to Secondbuy.in e-mail addresses or any other party, you agree to pay Secondbuy.in Rs.5,000/- for each such e-mail.
    4. If you post messages in violation of these Terms, other than as described above, you agree to pay Secondbuy.in Rs.10,000/- for each such message. Notwithstanding the foregoing, Secondbuy.in may, in its sole and absolute discretion, issue a warning before assessing damages.
    5. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Secondbuy.in's express written permission, you agree to pay Secondbuy.in Rs.50,000/- for each day on which you engage in such conduct.

    If none of the foregoing clauses (a) – (f) are applicable, you agree to pay Secondbuy.in’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Secondbuy.in retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.