Terms and Conditions

Terms of Use

Welcome to www.bybyClap.com (“bybyClap / Site”) operated by Bybyclap Internet Private Limited (with its registered address at Plot 76D, Udyog Vihar Phase 4, Gurgaon, HR, 122001). These are the terms and conditions governing your use of the Site. By accessing bybyClap either through the website or any other electronic device, you acknowledge, accept and agree to the following terms, which are designed to make sure that bybyClap works for everyone. This is effective from the time you log in to bybyClap. By accepting this, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for.
Shall not belong to another person and to which the user does not have any right;
Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
Shall not be harmful to children;
Shall not infringe any patent, trademark, copyright or other proprietary rights;
Shall not violate any law for the time being in force;
Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
Shall not impersonate another person;
Shall not threaten the unity, integrity, defiance, security or sovereignty of India, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Shall not constitute an unfair trade practice
shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
shall not distribute viruses or any other technologies that may harm bybyClap or the interests or property of bybyClap users or impose an unreasonable load on the infrastructure or interfere with the proper working of bybyClap.
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, 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.
shall not be placed in a wrong category or in an incorrect area of the site.
shall not be placed in any other bybyClap site except on the site that relates to the city in which you are located.
shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate bybyClap’s Listing Policy.
You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

Privacy Policy

This privacy statement applies to your use of any products, services, content, features, technologies, or functions, and all related websites, mobile apps, mobile sites or other online platform or applications offered to you by us (collectively the “Services/Platform“). We collect, use, and share personal information to help the bybyClap and its affiliate websites work and to keep it safe (details below).

Bybyclap Internet Private Limited, acting itself and through its subsidiaries, is the data controller of your personal information collected.

? What data do we collect about you?

? Data provided through direct interactions

Registration and other account information

When you register to use our Services, we may collect the following information about you:

If you register using your Google account: first name, last name and email address.
If you register using your Facebook account: we collect first name and last name as appeared on your Facebook account, Facebook IDs and the URL to your Facebook profile picture. In the event you have provided permission to Facebook through their in-app privacy option (which appears just before you register on our Platform), we may collect your gender, age or email id depending on the permissions granted by you.
If you register using your Truecaller account, we collect first name, last name, email address and your mobile number
If you register using your mobile number we collect your mobile number.
If you register using your email id we collect your email id
We also collect your primary email id used to download the application from the app store

Depending on the choices you make during the log-in to our Services or during the process of engaging our Services, you may opt to give the following additional personal data:

Your Name
E-mail Address
Mobile number
Your credit card/debit card details in case you choose to purchase our paid services

Cookies and Similar Technologies

We use cookies to manage our users’ sessions, to store your preference language selection and deliver you relevant advertisements. “Cookies” are small text files transferred from a web server to the hard drive of your device. Cookies may be used to collect the date and time of your visit, your browsing history, your preferences, and your username. You can set your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Services/Platform may become inaccessible or not function properly

Why do we process your personal information?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where we share information with our business partners for our business needs.
Where it is necessary for our legitimate interests to improve our Services and to provide you a safe and secure Platform.
Where we need to comply with a legal or regulatory obligation.

In certain circumstances, we may also process your personal data based on your consent. If we do this, we will let you know the purpose and the category of personal data to be processed at the time we seek your consent.

For providing access and delivering Services through our Platform

Listing Policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

Prohibited Items Policy.

Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts
Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group
Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a persons mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults
Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.
Offensive Material intended for use in a sexual setting (including “bondage” and “fetish” items,) displaying sexual activity or portraying human genitalia in a “life-like” or realistic fashion
“Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972 (“the Act”)
Information or items that are defamatory, libelous, threatening or abusive in nature
Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to under take).
Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport’s to breach any persons right to privacy.
Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.
Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
Lottery Tickets, Sweepstakes Entries and Slot Machines
Items in violation of the Food Adulteration Act, 1954
Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002
Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
“Pyramid schemes” and “Multilevel Marketing” and/ or similar scams which are solely listed for the purpose of defrauding users.
Spam, abusive, duplicate, listing, fraud schemes (e.g. “Get rich quick” “work at homes” scams which are solely listed for the purpose of duping users)
Inappropriate, Wrong Category (e.g dining table listed as office furniture).
Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
International Listings.
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to children;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

Without prejudice to the generality of the above, bybyClap does not permit posting or listing of classifieds in relation to the following:

“Securities” within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description
Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)

Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party.
Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.

Restricted Item Policy:In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services.

Duplicate Ad listings are not allowed.Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.

Mature Audience/Sexually oriented material:Classifieds relating to items that includes items intended for use in sexual activity would not be permitted. (An example of such classifieds relating to an item not normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.

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 of 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 10 Featured Ad units out of which you have consumed only 8 units and were unable to post the remaining 2 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 2 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.

Pets Policy

With respect to your listing for the sale of a pet, you confirm that you are not selling any pet via bybyClap.
You agree that in the event your listing, posting or your information violates any provision of the applicable laws including but not limited to “‘Prevention of Cruelty to Animals Act, 1960’, ‘Transport of Animals Rules, 1978’, ‘Animal Birth Control (Dogs) Rules, 2001’, and ‘Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017’, the AUP or the listing policy, we shall have the right to remove the objectionable listing, terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site without assigning any reason therefor or without any prior notice in this regard.
You acknowledge that bybyClap is not in any way involved in your day to day operations or conduct of business and it is only a platform providing listing services in reliance upon your representations and warranties.
You agree to produce necessary documents for inspection as and when so demanded by the requisite authorities.