USER’S TERM AND CONDITIONS
[Last Updated on __.__.2020]
- These terms and conditions, as amended up to date, (this “Agreement”) governs, including others, the terms of (a) your browsing, use, participation, access or availing services of the (including sub-domain, hyperlinks etc.) and including classified advertisements, forums, and other contents, (b) processing of your data / information / personal data through the (c) online transaction between the and the those availing and (d) the shipping and refund policy.
- Kohinoor Collections Private Limited, having its registered office at D-341, F/F Pul Prahladpur, New Delhi - 110044 (the “Company”) is the owner and operator of the Website/App.
- These terms constitute a legal binding Agreement between the
- The Website/App only serves as an online platform or venue for the publication & distribution of the third party’s information/goods/services, which you hereby acknowledge, consent and agree.
- If you have any question, comment and /or request regarding this Agreement, You may please contact Us at firstname.lastname@example.org.
- All ‘Services’ provided by or through the ‘Website/App’ will be governed by this Agreement.
- This Agreement is applicable to the Visitor(s) who access or browse the Website/App, in any manner (‘Visitors’) and those who register or log in the Website/App as Seller / Service Provider or Buyer (‘Members’).
- The words "you" or "your" or "user" as used herein, refer to the Visitor(s) as well as the Member(s).
By browsing, using, accessing, or availing the services of the Website/App, in any manner, you represent, agree, acknowledge, and consent that:-
- You are eighteen (18) years of age or you have attained the age of majority as per the laws of your country / state / province / residence / jurisdiction. We specifically disclaim any responsibility or liability for any misrepresentation regarding the user’s age.
- You are otherwise legally capable of entering into this Agreement as per the applicable laws.
- You have thoroughly read, understood, and agreed to be bound by terms this Agreement.
- This Agreement is binding and enforceable against you.
- Execution of this Agreement by you do not conflict with any of yours obligation under any Applicable Laws to the best of your knowledge.
- If you are an entity or business concern, the person accessing or availing services is duly authorised by such entity or business concern to use or avail the services of the Website /App
- To transfer of your to us, and processing of such data by us.
- Persons who don’t meet above criteria are strictly forbidden from browsing, using, accessing, availing it’s services or viewing the contents of the Website/App.
- If you don’t agree to these terms, you should not browse the Website/App, register or avail our ‘Services’.
CONSENT TO THIS AGREEMENT
You are not authorised to browse, use, access or avail our services, in any manner, unless you agree to the terms of this Agreement. You are required to provide agreement, consent or acceptance of this Agreement. Such acceptance of this Agreement need not to be a physical signature since electronic acceptance of this Agreement is permitted by the law. Thus, you agree that you manifest your consent to this Agreement by any of your following acts demonstrating your assent thereto:
- By clicking a button containing the words “I agree” or some similar syntax. You should understand that this has same legal effect as you placing your physical signature on any other legal contract; or
- If you click on any link, button, or other device provided to you on any part of Website/App interface, you have legally agreed to the terms of this Agreement; or
- By browsing, using, accessing the Website/App (or any page) or availing our services in any manner, including uploading your information or content on the Website/App, you understand and agree that you provide your complete and unconditional acceptance of all the terms of this Agreement.
- No act or omission by us should be interpreted as a waiver of the requirement that you assent to this Agreement.
REVISION /MODIFICATION OF THIS AGREEMENT
- We have reserved our right to revise or modify this Agreement from time to time without any prior notice or intimation to you. All such modification or revision shall immediately be effective as and when posted on the Website/App. Once modification or revision is posted, the prior version shall be superseded by the modified or revised version. The modified or revised version shall be immediately applicable to all users and for that no further assent or consent shall be required from the user, and all users shall be bind by such modified or revised version. To the extent any such modification or revision is declared or deemed ineffective by any law or court of law, the parties intend that prior or effective version of this Agreement shall be considered valid and enforceable to the fullest extent.
- This Agreement shall be located at the link www.kohinoorcollections.com/terms and a link to this Agreement is also at the bottom of the home page of the Website/App. You agree to periodically re-visit this page and to use the “refresh” button on your browser when doing so.
- Whenever we modify agreement, we will change the “last modified” date at the top of the Agreement so that it is immediately obvious that we have modified the Agreement. You agree to note the date of the last revision whenever you visit the link www.kohinoorcollections.com/terms. If the last modified date has changed, then you are required to thoroughly go through the terms of this Agreement to determine how your rights and responsibilities may have affected by the modification.
- If you fail to periodically review this Agreement to determine if any changes or modifications have made, you assume all responsibility of your failure to do so and you agree that such failure amounts to your affirmative waiver of your right to review the modified or revised terms. We will not be responsible for your neglect of your legal rights.
INCORPORATION BY REFERANCE
Following terms or words as appearing in this Agreement, unless repugnant to the context and meaning thereof, shall have the meaning ascribed to them:-
- “App” or “Mobile App” shall mean _______
- “Company”: denotes Kohinoor Collections Private Limited, having its registered office at D-341, F/F Pul Prahladpur, New Delhi - 110044 (the “Company”) which is the owner and operator of Website/App. Company has also been referred in this Agreement as “We”, “Us”, “Our”, “Ours” etc.
- “Information”: includes ‘Personal Information or Personal Data.
- “Member” denotes the person who register himself/herself/itself with the Website / App. Member can be in individual or business entity.
- “Parties” shall denote jointly the Company and You.
- “Personal data” or “Data” includes ‘Personal Information” or “Personal Data.
- “Personal Information/Data”: shall mean all the document/information you provide to us and shall include, without limitation, ‘your name’, ‘phone no’, ‘your address’, ‘date of birth’, ‘email address’, ‘gender’, ‘photograph’, ‘occupation’, or credit card or debit card or net banking, other payments details, Your identity proof document number, addressee proof document no, details from data base, social media activity, log in id, password and similar other information.
- “Processing”: whenever referred means handling of your Personal Data by us, including collecting, protecting, and storing your Personal Data.
- “Services”: of the Website/App may______________.
- “You” or “User”: denotes Visitors (who browse, use or access Website/App without registering or becoming Members) and the Members (who register themselves with the Website/App as member).
- The Terms and Conditions herein in this Agreement shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
- Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto, “hereunder” and words of similar import refer to this Terms and Conditions as a whole.The headings and subheadings herein are used for convenience only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms and Conditions.
ACCESS & USE
- The user may access certain area without requirement of registration. However, to avail full services of the Website/App you are required to became member by subscribing the services of the Website/App. The use, access or availing the services of the Website/App shall be at your sole responsibility.
- The Website/App may come with one or various Membership plans, and you may subscribe Membership plans of your choice. The access to the Website/App may be limited according to such Membership plans. Such Membership plans may be revised, updated, modified, changed, or any of the Membership plans may be suspended, stopped, ceased by the Company, at its sole discretion.
- The access to the Website/App, in any manner (whether registration or without registration) is subject to the term of this Agreement. Further, rights granted to the user hereunder is limited, revocable, non-exclusive, non-transferable and non-assignable and is granted to access, view and otherwise use the Website/App (including, without limitation any information or services provided on or through the Website/App) for lawful use only.
- In order to avail full services of the Website/App you need to register by creating an user Account. You must register as a member of the Website/App including by creating user account with password, providing certain required information, and payment of the Membership fee.
- We, at our sole discretion, reserves the right to refuse registration of, or cancel or restrict the usage of the Website/App for any User.
- Please note that you, at your own cost, (a) need to have provision for internet access, and (b) provision for hardware and software to access the Website/App or its services. Payment of Membership fee is only to avail the Website/App’s services.
- We have safeguards to protect passwords of the users and against any unauthorized access, alteration, destruction, disclosure or dissemination of records and data; provided, however, all users shall also be responsible for protecting the confidentiality of any passwords created on the Website/App.
- Users are solely responsible for any activity that occurs on their Account and for maintaining the confidentiality of their Account. Users are prohibited from: (i) using another User’s account; (ii) impersonate another User; (iii) create a log in name for any Account that is offensive, vulgar or obscene or otherwise unlawful. If any of the above-mentioned activities take place, the User shall immediately notify us.
- You agree that: (a) all the registration information that you submit is truthful and accurate; and that (b) you will maintain accuracy of such information.
- You will provide true, accurate and complete information when creating your account and you will maintain and update such information so that it will remain true, current and complete.
- If you willingly provide wrong information to the Website/App, such an act would constitute misrepresentation, fraud and cheating.
REGISTRATION THROUGH FACEBOOK, GMAIL OR OTHER PLATFORM
You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password")
MEMBERSHIP FEE FOR SELLER /SERVICE PROVIDER
- To fully avail the services of the Website/App you need to register by paying the Membership fee. The Membership fee is liable to revision from time to time, at the sole discretion of the Company and without any prior notice or information.
- We may, at our sole discretion, introduce new services and modify some or all of the existing services offered. In such an event, We reserve our right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
- Changes to the fee policies shall be posted on the Website/App and shall automatically become effective immediately. In case of any non-payment, we have right to temporarily / indefinitely suspend the user’s membership of the Website / App and reserves the right to take legal action.
- The User can pay the Company through certain gateway services available on the Website/App or other modes prescribed (which may include payment through Debit/Credit cards, Net banking, Wallets etc).
- The Payment methods may differ from platform to platform (Operating systems). In the event your Membership period expires, We reserve our right to auto-renew your Membership through your authorised payment method, provided such payment method offers the service of auto-renewal. You hereby authorise us to effect such auto-renewal. In event you desire to discontinue your auto-renewed Membership, you may contact us at email@example.com.
- All fees and charges are non-refundable and there is no refund or credits for partially -fully used periods and /or unwatched content.
- You agree to provide current, complete and accurate account information for all Memberships.
- You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when needed.
TRANSACTION / PAYMENT FOR SALE OR SERVICES
For availing services or sale, the Buyer need to make monetary transaction or payments. By registering with us you agree that you are authorised to carry out the monetary transaction from the bank account or other medium through which you are carrying such transaction. You further agree that:
- At the time of payments you will be redirected to the Merchant/Intermediary/Participating Bank’s Website where you will be required to put your Credit/Card/internet Banking and other details for effecting purchase. Such details shall include the card number, email id, password, CVV number. Use of Merchant/Intermediary/Participating Bank shall be subject to the terms & conditions of their website and all your information shall be governed by their privacy statement. Such websites may also prompt you to save information, which you can do at your own will.
- Company/Website shall have right to limit the amount payable and volume of transaction that may be conducted on single valid card/valid Bank account by a buyer and may refuse to process transaction(s) exceeding such limit and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
- To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company / Website may contact the Buyer for verification of or additional information, details, data and documents.
- Company/Website may not confirm the payment if such details, data, information and documents are misleading, inaccurate, false, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank.
- Dispatch timelines will not commence until Payment is Confirmed.
- Company/Website shall have right to refuse to process Transaction Price in respect of Transactions by Buyer with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Company/Website or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
- If you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make required payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the seller. In case you are intend to avail a services, and you provide inadequate or inaccurate address or you are not available at the given address, your request shall be deemed cancealed without any claim of refund. In such a case Company or the seller or Service provider will be entitled to recover reasonable compensation and cost for services provided including those costs incurred for shipping, couriering, handling, processing your order and for any other services provided to you.
- All Transactions conducted on the Website/App for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions will also be governed by the terms and conditions agreed to between the Purchaser and the respective Issuing Bank and payment instrument issuing company and the terms agreed between Company and payment gateway provider, as applicable and you will not violate any such terms and conditions. You agree to indemnify and hold harmless Company and its service providers against any direct or indirect liability that may arise on account of such violation.
- You will be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) within 15 days of expiry of the Delivery time (including any extension thereof) if you do not receive the Delivery or Services due to fault of the Seller /Service Provider. In the event you do not raise a refund claim using the Website/App within the prescribed time you will not be eligible for a refund.
- All payments for refund of the Transaction Price shall be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time in respect of opening and operation of accounts, and settlement of payments for electronic transactions involving intermediaries.
- Refunds, if any, shall only be made in Indian Rupees and shall be equivalent to the Transaction Price received. Buyer shall bear any foreign exchange conversion risk, loss, charges or fees, if any.
- Refund shall be subject to the Buyer complying with the provisions of the User Agreement and the rules and polices made here under and Company shall have recourse to such refund in case of any misuse by Buyer.
- Company will have the right, but not the obligation, to monitor the content of the Website / App at all times, including any chat rooms and forums that may be included as part of the Website/App, to determine compliance with Applicable Laws. Without limiting the foregoing, we will have the right to: (i) remove, suspend, edit or modify any content in its sole discretion without notice to the user; (ii) to remove, suspend or block any user submissions from the Website/App; and (c) access, read, preserve, and disclose any information as required under Applicable Law.
- All the materials available via Website/App or its services whether posted publicly or transmitted through our messaging services or messaging services of the Third Parties, are the sole responsibilities of the Party from whom the contents originated.
- You are entirely responsible for the contents you upload, post, transmit, email, message or otherwise publish via our Website/App or Services.
- We reserve our right, at our sole discretion and with no obligation to do so, to periodically monitor, member’s profile and forums within the Website/App and delete the user’s content, pictures, message, forum post or profile that are deemed, at our sole discretion to be illegal, immoral, offensive and in violation of the spirit of this Agreement.
You undertake not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website/App, including your profile, the posting of your Service/goods, the posting of your desired Service/goods, or the posting of any opinions or reviews in connection with the Website/App, it’s Service, the Service Provider, Seller or the Service User (Feedback or Submitted Content or User Content) that:-
- Invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent
- Contains falsehoods or misrepresentations that could damage Company or any third party
- Is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Company all of the license rights granted herein
- Contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right
- Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so
- Advertises or solicits a business not related to or appropriate for the Website (as determined by Company in its sole discretion)
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement; or contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests
You agree that:
- You will not to use the Website/App for any illegal purpose. Your use or access to the Website/App or its services are for the purpose expressly permitted or contemplated under this Agreement.
- You will not to copy, distribute, transmit, display, perform, reproduce, publish, License, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website/App in any manner whatsoever.
You further agree that you will not:-
- Create, post publish or submit anything (including image, photographs or other Materials) that is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, rules or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content
- Interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/App
- Violate any copyright notices, information, restrictions contained in or associated with the Website/App
- Remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website/App
- Do anything on the Website/App that would prevent other users’ access to or use of the Website/App
- Frame or utilise any framing techniques in connection with the Website/App or any of the Materials contained therein
- Use Website/App or services or any Materials contained therein, for an public display, public performance, sale or rental
- Create any derivative works based on the Website/App or any of the Materials contained therein or received by our services
- Duplicate any part of the website or the Materials contained therein or received via the services
- collect or store personal data about other users or members including via the use of any data mining, bots or similar gathering and extraction tools
- stalk or otherwise harass any other member or user of the Website/App
- Interfere with or disrupt the Website/App, or servers or networks connected to the Website/App, or disobey any requirements, procedures, policies, regulations of networks or third party providers connected to the Website/App
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation to any person or entity
- Circumvent any encryption or other security tools of the Website/App or its services
- Will not use any other user’s name and passwords in order to gain access to the Website/App
- Sell, rent, lease, license, sublicense, distribute, re-transmit, transfer, assign the Materials or services or any of your rights under this Agreement
- Share other Member’s information unless express consent is given by such Member to you to do so
- Upload files that contains viruses, Trojan horses, worms , time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of the Website/App or its services
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of origin, or source of software or other material contained in the file that is uploaded
- Restrict or inhibit any other user form using and enjoying services
- Harvest or otherwise collect information about others, including email addresses, or other personally identifiable information
- Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading us or others
- Recruit, solicit, or contact in any manner, the Seller, Service Provider or Users for employment or contracting for a business not affiliated with Company without express written permission from Company.
- Take any action that (i) unreasonably encumbers or, in Company's sole discretion, may unreasonably encumber the Website/App's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website/App or any third-party participation in the Website/App; or (iii) bypasses Company's measures that are used to prevent or restrict access to the Website/App.
- Collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website/App, nor to use the communication systems provided by the Website/App for any commercial solicitation purposes.
USER’S FURTHER COVENANT
- All trademarks, patents, copyrights and other intellectual property rights owned by the Company shall continue to be owned by it, and, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the user.
- The user will cooperate with us in causing any unauthorised use to cease immediately. You are solely responsible for submitting any material that violates the national and international laws, even if a claim arises after your service is terminated and by doing so, your action shall constitute a material breach of this Agreement. Nothing contained herein this Agreement shall obligate us to monitor or investigate any use of our services by our users or other third parties, other than what required under the applicable law.
- If you use the Website/App, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
- We reserve our right to delete any content or link without any notice or warning to the user.
- You will not send messages to other users containing (a) offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or (b) unsolicited advertising or marketing of a service not offered on the Website or an external website.
- Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Company will not knowingly accept any posting which is in violation of the law. Company has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
- You will use prudent, careful and good judgement while leaving Feed back for another user. You will not (a) without any reason threaten to leave negative or impartial feedback for another user, and / or (b) leave feedback in order to make one Seller /Service Provider appear better than other, and / or (c) create hindrance in any manner in Seller /Service Provider /Service user /Buyer leaving a feedback.
- If you violate above rules in connection with leaving Feedback, Company, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- You may contact Company regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
- If any dispute occurs between user concerning the Feedback company shall have final say in this matter. Company shall further have right to remove any Feedback, in its absolute discretion, and take any action which it deem fit and reasonable without incurring any liability therefrom.
- The above prohibitions is not an exhaustive list but only examples. Company shall have right to terminate your account or restrict access and ability to post to the Website /App (or its services), and / or (b) with or without notice to refuse, delete, remove, edit the content, in whole or part, of any postings, for any reason or no reason, or for any action that the Company deem inappropriate or to any other user.
- Company shall have right to restrict the number of e-mails or other messages that you are allowed to send to other users in Company’s sole discretion. If we feel, we may report to law enforcement authorities regarding any user’s actions that may be illegal, and any reports it receives of such conduct.
- You may please note that Company will not or does not and cannot review every posting posted to the Website/App. These prohibitions do not require Company to monitor, police or remove any Postings or other information submitted by you or any other user.
SELLER’S / SERVICE PROVIDER’S SPECIFIC COVENANT
- Seller /Service Provider shall not (a) use or offer a link to third party website or catalog from which any user may obtain the Service or make purchases directly, (b) if any posting limits is prescribed, exceed such Posting limits; (c) offer additional identical service in a single service, (d) charge fees only for services / goods, (e) solicit in any manner the User to purchase service /goods outside of Website /App; (f) use Profile page or user name to promote services/goods not offered on or through the Website/App.
- In case Company realizes that any Seller /Service Provider is not in the business of sale or the service listed, Company shall be entitled, at its sole discretion, to blacklist the Seller /Service Provider professional to ban such Seller / Service Provider and withhold any outstanding credits or payments to such Seller /Service Provider.
- Seller / Service Provider shall not (a) list goods / services that is inappropriate or unlawful, (b) misrepresent the location of service / sell, (c) use misleading title or inappropriate description of the goods or services, (d) infringe third party intellectual property rights (copyright, trade name, marks etc), (e) use inappropriate keywords in their Profile, Offer, or Feedback, or (e) include any information in their Profile or listings that is/are fraudulent. (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.
- Service Provider shall not list, prescribe, promote, advertise anything which is unlawful including to list, prescribe, promote, advertise raffles, game of chance, prizes, schemes bonuses, giveaways, or random drawings.
- If any Seller /Service Provider breach these terms as mentioned above, Company, at its discretion, shall have right to take following actions: (a) Cancel or delete the postings, and / or (b) suspend or limit the Seller /Service Provider’s account privileges, and / or (c) suspend or cancel the Seller /Service Providers Account, and /or (e) decrease the Seller / Service Providers status earned via the Feedback page, and / or (f) put and recover penalty upon the Seller /Service Provider and deduct the same from any payments to them or recovery it independently.
- You will not circumvent or manipulate our fee structure, the billing process, or fees owed to Company; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user)
- You will not take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website)
BUYER’S SPECIFIC COVENANT
- While agree to purchase services / goods Buyer shall not : (a) agree to purchase a service/goods when you do not meet the Seller’s/ Service Provider’s terms as outlined in the Posting, or agree to purchase a service/goods with the intention of disrupting a Posting; or (b) commit to buy services /goods without intention of paying or paying; or (c) misuse any option made available now or in the future by the Company in connection with the use or purchase of services/goods.
- If you violates any of the above-referenced rules, Company, in its sole discretion, may take any of the following actions: (a) limit the user's Account privileges; or (b) suspend the user's Account.
- Company is acting only as an intermediary for the collection of the fees, price, cost etc. of the goods or services for an on behalf of the Service Providers/Sellers. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to you. Further, you understand that Company shall not be responsible or liable in any manner in relation to tax liability of a User or Service Provider / Seller.
BREACH / TERMINATION
Reserving other available remedies with us, we may limit your activity, and / or immediately remove your Information/contents, and / or warn other users of your actions, and / or immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website/App or services in the event:-
- If we are unable to verify or authenticate any information you provided; or
- If We believe that you have breached any applicable law ; or
- If you acted in any manner which is prejudicial or harmful to the interest of the Company/ Website/App or other users ; or
- If e\we believe, in our sole discretion, that your actions may cause legal liability for you, our users and us ; or
- We decide to cease operations or otherwise discontinue any services or option provided on the Website/App or parts there of.
- You agree that neither us nor any third party acting on our behalf shall be liable to you for termination of your account or access to any part of the Website/App or Services.
- A user that has been suspended or blocked may not register or attempt to register with us or use the Website/App in any manner whatsoever until such time that such user is reinstated by us. Till the time the account of user is reinstated, all rights of the user under this Agreement shall be suspended.
- In order to maintain the integrity of the Website/App and services, or to investigate the complaints, you agree to allow us to access your account and other information you have submitted or created as long as it is reasonably required for investigation of the complaint or protect the services.
- You agree that you will not use our services to publicly discuss any infractions, warnings, or banning. You must discuss any concerns with us directly.
- If you provide any information/content that is untrue, inaccurate, nor current or incomplete or if we have reasonable grounds to suspect that such information/content is untrue, inaccurate, not current, or incomplete, we have right to suspend or terminate your account and refuse any current or future use of the Website/App and its services.
- Once the user’s registration or the services are terminated, cancelled or suspended, any data that the user has stored on the Website/App may not be retrieved later.
- Any fee paid hereunder is non-refundable.
- Any User accessing the Website/App in an effort to engage in or facilitate illegal or tortious activities shall have his /her account and /or access to the Website/App and services subject to immediate cancellation, and may be reported to appropriate law enforcement agency.
LEGAL REMEDY IN CASE OF BREACH
In case of breach, we will be entitled to sue you and to claim damages and if your act is criminal, to start criminal or other proceedings against you, particularly:-
- We reserve the right to initiate legal proceedings against user for fraudulent use of the Website/App and any other unlawful acts or omissions in breach of the terms of this Agreement.
- We take credit/debit card or internet/cyber fraud seriously. Discovery that any member has used a stolen or fraudulent credit card, will result in the notification of the appropriate law enforcement agencies and termination of such Member’s account.
- You will be subject to civil as well as criminal liability, If you provide any information that is untrue, inaccurate, nor current or incomplete or if we have reasonable grounds to suspect that such information is untrue, in accurate, not current, or incomplete.
- The term “Damages” includes the cost of litigation, attorney fee and other cost and expenses.
- You agree that since company only provides a platform, wherein Seller or Service Provider and the Service user and Buyer can be brought together and company itself has not role in the provision of sale or execution of the services, Company shall not be responsible or liable for any loss or damages of any sort whatsoever incurred as a result of any such transaction and dealing. For any dispute between the participants of the Website /App or between the registered users or any website /App user and any third party, you agree and acknowledge that company is under no obligation to be involved. In the event that a dispute arises between You and one or more of the Website /App user or registered user or any third party, you hereby release the Company, (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and / or the website /App or any service provider or seller thereunder.
Notwithstanding anything contrary contained in this Agreement or can be inferred from the terms of this Agreement:-
- The Company /Website/App disclaim any or all liability arising from the fraudulent entry and use of the Website/App or any personal or financial information of the User stored in the Website/App.
- The Company /Website/App shall not be liable for any delay in the services on the Website/App, including but not limited to the provision of or failure to provide the services, or for any information, software, products, services and related graphics obtained from the Website/App.
- The Company /Website/App shall not be held responsible for non-availability of the Website/App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any other reason whatsoever.
- You agree that any content or data downloaded or otherwise obtained from the Website/App is done entirely at your risk and you will be solely responsible for any damage to your equipment including a phone, internet access, etc., or any other loss that results from downloading such data or content.
- The Website/App, service and content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Your use of the Website/App, service, content and add-to link is solely at your sole risk. We further disclaim all warranties, express or implied in connection with the use of the Website/App in respect of:-
- Personal injury resulting from the access and use of the Website/App
- Transmission from our Website/App any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website/App by any Third Party.
- You understand that the Company /Website/App or its affiliates have no obligations to verify any information submitted by a user and have assumed that the same are true, correct and complete in all respects.
- The Website/App or its Service may contain, or direct you to Website/Apps containing, information that some people may find offensive or inappropriate. The Company /Website/App makes no representations concerning any content contained in or accessed through the Service, and the Company /Website/App will not be responsible or liable for the accuracy, compliance, legality or decency of material contained in or accessed through the Website/App or its Service.
- The Company /Website/App makes no warranty that: (a) the Website/App will meet your requirements; or (b) the Website/App will be available on an uninterrupted, timely, secure, or error-free basis
- The Company /Website/App or its affiliates make no representation or warranty, express or implied, with respect to any third party data/information/content provided to us or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. The Company /Website/App will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data/information/content or the transmission or delivery of any such third party data/information/content and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data/information/content due either to any negligent act or omission by us or "force majeure" or any other cause beyond Our control.
- The Company and its affiliates, shareholders, directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet Your requirements.
- You hereby discharge, acquit and otherwise release the Company (including its affiliates, subsidiaries, agents, employees, officers, directors, shareholders, attorneys etc.) from all the allegation, counts, charges, debts, cause of action, and claims relating in any way to the use of, or activities relating to the use of the Website/App and its services.
LIMITATION OF LIABILITY
- The Company /Website/App (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (i) access to or the use or the inability to use the Website/App or its services or services of the Service Provider or Seller, (ii) the cost of procurement of the services, (iii) unauthorized access to or alteration of the Visitor/User’s transmissions or data, (iv) errors, mistakes, or inaccuracies of Data, Marks, Contents, Information, Materials or Substance of the Website /App or its contents /User’s contents, (v) Any unauthorised access to or use of our services and / or any and all personal information and / or financial information stored therein, (vi) Any bugs, viruses, trojan horse, or the like which may be transmitted to or through the website/App by any third party, (vii) any interruption or cessation of transmission to or from the Website /App, (viii) Any disputes that arises between the Seller /Service Provider and the Buyer / Service availer, (ix) any defamatory, offensive or illegal conduct of any third party or service user or service provider, (x) any other matter relating to the services including damages for loss of use, data or profits, arising out of or in any way connected with availing of the services through the Website/App, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Company is advised of the possibility of such damages. The Foregoing limitation shall apply to the fullest extent permitted by law in applicable jurisdiction.
- The Company /Website/App (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) shall not be responsible for any act or omission which could be attributable to a default of any other person over which We do not exercise control, including without limitation any error or failure or inability of the network service provider.
- The Company /Website/App (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) liability in any circumstance is limited to the amount of fees, if any, paid by You to Company.
- You should not rely on the any information or resources contained on the Website, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Company makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites/App. In no way Company will be responsible for any actions taken or not taken based on the information or resources provided on this Website/App.
- Each Registered User hereby acknowledges and agrees that Company is not a party to any oral or written Agreement for Service, sell or any contract entered into between Registered Users in connection with any Service or sell offered, directly or indirectly, through the Website/App.
- You acknowledge and understand that when using the Website/App, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further acknowledge and understand that you may be exposed to contents that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
THIRD PARTY LINKS /ADVERTISING
- We don’t endorse any advertiser on our Website/App in any manner, and you are requested to verify any accuracy of any information of any third party on your own before relying on any such information.
- The Website/App may contains links to other Website. The availability of such third party Website, services or material does not constitute any form of recommendation, advice, endorsement or publication of any such third party Website, services or material. We are not responsible for their availability or content. We are not responsible for the Materials contained at any Website/ linked to our Website/App.
You agree to indemnify, defend and hold harmless the Company (and its Parent, subsidiary, affiliates, group companies, successors, assigns and their directors, officers, employees, agents, third party suppliers / service providers, and any other third party providing any service to us in relation to the services provided on the Website/App) from and against all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including litigation cost and attorney’s fee) arising from or relate to:-
- Your use or misuse of or access to and participation in Website/App or Service
- Your violation of any third party rights, including without limitation any copyright, property, proprietary, intellectual property or privacy right
- Infringement by you, or any third party using the your account, of any intellectual property or other right of the Company
- Any claim that your content caused damages to a Third Party
- If you have a dispute with one or more Website /App users, you forever release Company (and its Parent, subsidiary, affiliates, group companies, successors, assigns and their directors, officers, employees, agents, third party suppliers / service providers, and any other third party providing any service to us in relation to the services provided on the Website/App) from any and all kind or nature of claims, demands and damages (actual and consequential), whether known or unknown, arising out of or in anyway connected with your use of website /App or any of your submitted content.
- This defence and indemnification obligation will survive the termination of this Agreement and your use of the Website/App.
- We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses
OWNERSHIP /INTELLECTUAL PROPERTY RIGHTS
- Except as expressly set forth herein, nothing in this Agreement shall be deemed to confer any rights to Company’s intellectual property on the user. For purposes of clarity: Company is the sole owner of its name, the Website/App, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to company regarding the Website/App shall, upon submission to Company, be owned solely and exclusively by Company. In addition, Company shall be entitled to post feedback at the Website/App (and/or allows others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website/App shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).
- Company has high regard for intellectual property and expects the same level of standard to be employed by its users. Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
- If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com.
COMMUNICATION & OPT OUT
We reserve Our right to send electronic mail or other messages to you and other members. You understand and agree that the emails sent by Us or Our affiliates are not SPAM. The purpose of the communication with you may include (but not limited to):-
- Provide you information regarding our product or services.
- Inform you of any change or status of your Account
- Any other information
- If you are no longer interested in receiving e-mail announcements and other marketing information from us, You can opt-out anytime by sending an e-mail about your request to firstname.lastname@example.org
- If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
- Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to otherwise denote a partnership, employer-employee relationship, principal -agent relation, joint venture, or formal business of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.
- All notices and communications from you to Company in relation to the Website/App (including the termination of any of the services etc.) shall be in writing. You will be deemed to have been given a notice by the Company if sent by an email, SMS or posted within the Website/App. Notice shall be deemed to have been served 48 (forty eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
- The Company is not liable for failure to perform any of its obligations if such failure is as a result of Force Majeure Situation e.g. Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
- If you dispute any act or action of the Company or terms of this provision, you first agree to resolve such dispute through mutual negotiation and conciliation by writing an email to the Company at email@example.com
- If the aforesaid negotiation/conciliations fails, or Company raises a dispute against you, the same shall be adjudicated by the sole arbitrator appointed by the Company as per the provisions of [Indian] Arbitration & Conciliation Act, 1996 (or statutory replacement or modification thereof). The place of arbitration shall be at Delhi and language English. The award passed by the sole arbitrator shall be final and binding upon the parties.
- Any dispute regarding your interaction/transactions, dealings with individuals, seller, service providers, business owners, and /or organizations including payment of/ performance of/delivery of services /goods and any other terms, conditions, warranties or representations associated with such transactions or dealing are solely between you and such individuals, seller, service providers, business owners, and /or organizations. You need to take reasonable precaution and make own independent assessment, investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transactions with a third party, seller or service provider.
- When deciding whether to use the service or buy the goods based on the information /submitted content including without limitation postings, offers, feedback, is your personal decision for which you are alone responsible. You understand that Company does not warrant and cannot make representation as to the suitability of any individual you may decide to interreact with on or through the Website /App, and /or the accuracy or suitability of any advice, information, or recommendation made by an individual.
OTHER MISELLANEOUS PROVISIONS
- If any provision of the Terms and Conditions is determined by laws or court of law to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
- This Agreement constitutes the entire agreement between Company and You and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.
- Failure by the Company to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
- Company may assign any of its responsibilities/obligations to any other Person without notice to You, at its sole discretion. However, You will not assign, sub-license or otherwise transfer any of Your rights or obligations under this Agreement to any other party, unless a written consent is taken from Company.
- We make no representation that the Website/App or its services or any of the material contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Website/App and Services from such location do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
- You agree that any cause of action arising out of or related to the Website/App must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.