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 Terms & Conditions

USER AGREEMENT

This document is an electronic record in terms ofInformation Technology Act, 2000 and rules there under  as applicable andthe amended provisions pertaining to electronic records in various statutes asamended by the Information Technology Act,2000. This electronic record isgenerated by a computer system and does not require any physical or digitalsignatures.

This document is published in accordance with the The provisions of Rule3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011thatrequire publishing the rules and regulations, privacy policy and user agreementfor access or usage of www.indiasmartdeal.com website.

User Agreement

Your use of a indiasmartdeal website {(including  www. Indiasmartdeal.com  (hereinafter referred toas" the Website") and its related sites, services and tools} isgoverned by the following terms and conditions as applicable to the Website andthe general principles for other indiasmartdeal website.. If you transact onany indiasmartdeal website other than the Website, you shall be subject to the policiesthat are applicable to the indiasmartdeal sites for such transaction. This UserAgreement for the Website shall come into effect on 0000 hours India Standard Time 01 February2013("User Agreement"). If you reside in India,you are contracting with spectrum netlink India private limited, a companyincorporated under Companies Act, 1956 with registered office at Vadodara.These terms and conditions constitute your binding obligations towards theserespective contracting entities (here in after individually and collectivelyreferred to as “indiasmartdeal”).

For the purpose of the User Agreement, Registered User /Guest User andwherever the context so require ‘You’ shall mean any natural or legal person whohas agreed to become a member of the Website by providing Registration Data(asdefined hereinafter) while registering on the Website as Registered User /GuestUser using the computer systems of the Website and accepted this electronicversion / electronic record of the User Agreement and has allocated himself aunique identification user name (“User ID” and“ Password”) to become RegisteredUser or have been identified as Guest User by providing cell number and emailid and getting computer generated numeric user id and password.

As a new Registered User/ Guest User, this User Agreement shall be effectiveand binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative actionin clicking on ‘check box’ and on the ‘continue button ’as provided on theregistration page or clicking on ‘Pay Now’ button while transacting as GuestUser or such other actions that implies your acceptance.. If you do not agree or are not willingto be bound by the terms and conditions of this User Agreement and   http://www.indiasmartdeal.com\privacy-policy.aspx

 please do not click on the"checkbox " and on the ”continue” button or “Pay Now” button and donot seek to obtain access to or otherwise use the Website.

Amendments: indiasmartdealmay amend this User Agreement and/or indiasmartdeal Rules and Policies atanytime by posting a revised version on the Website. All updates and amendmentsshall be notified to You via indiasmartdeal Website’s Announcement Board. The revisedversion will be effective at the time indiasmartdeal posts it on the Website.In addition, if the revised version of this User Agreement includes a SubstantialChange, indiasmartdeal will provide you with 30 days' prior noticeof suchSubstantial Change/s by sending an email on registered email. as per the NotificationPreferences provided by You to indiasmartdeal. You are advised toregularly check for any amendments or updates to the terms and conditionscontained in this User Agreement and in indiasmartdeal Rules and Policies. Forthe purpose of this User Agreement, the term "Substantial Change"means a change to the terms of this User Agreement that reduces your rights orincreases your responsibilities.

By impliedly or expressly accepting this User Agreement, You also acceptand agree to be bound by indiasmartdeal Rules and Policies as provided fromtime to time in the following hyperlinks:

INDIASMARTDEAL.COM PRIVACY POLICY

Please note: various underlined words and phrases are hyperlinked to variousrules and polices on the Website. By accepting this User Agreement, User alsoagree that your use of respective country’s indiasmartdealwebsite by the useragreement,  privacy policy and other rules and policies posted on thosewebsites.

A. Membership Eligibility

Use of the Website is availableonly to persons who can form legally binding contracts under Indian ContractAct, 1872. Persons who are "incompetent to contract" within themeaning of the Indian Contract Act, 1872 including minors, un-dischargedinsolvents etc. are not eligible to use the Website. If you are a minor i.e.under the age of 18 years, you shall not register as a member of the Websiteand shall not sell, purchase or bid for any items on the Website. As a minor ifyou wish to purchase or sell an item on the Website such purchase or sale maybe made by your legal guardian or parents who have registered as users of theWebsite or can use the Website as Guest User. Indiasmartdeal reserves the rightto terminate your membership and refuse to provide you with access to theWebsite if it is brought to indiasmartdeal’s notice or if it is discovered thatyou are under the age of 18years.

·                                Businessentity registration: If you areregistering as a business entity, you represent that you are duly authorized bythe business entity to accept this User Agreement and you have the authority tobind that business entity to this User Agreement.

·                               Guest User: Ifyou are transacting as a Guest User, you shall not be allowed to list/ sell productor services on Website and there could be certain additional restrictions onyou as a Guest User for your purchase and the other functionality of theWebsite available to you.

B. Your Account and Registration Obligations

If you use the Website as Registered User, you are responsible for maintainingthe confidentiality of your User ID and Password. If you use the Website as aGuest User you are responsible for maintaining the confidentiality of youremail ID and cell number and for restricting access to your computer, computersystem and computer network, and you are responsible for all activities thatoccur under your User ID and Password , email id and cell number as the casemay be. Also as a Guest User, you shall ensure the physical security and possessionof your cell phone. You agree, inter alia, to:1. Provide true, accurate,current and complete information about your self as prompted by indiasmartdeal'sregistration form or provided by You as Guest User  (such informationbeing the "Registration Data")2. You must not include any ofyour contact details such as email addresses etc in your User ID whileregistering as Registered User; and3. Maintain and promptly update theRegistration Data to keep it true, accurate, current and complete. If you provideany information that is untrue, inaccurate, not current or incomplete or indiasmartdealhas reasonable grounds to suspect that such information is un true, inaccurate,not current or incomplete, or not in accordance with the User Agreement,indiasmartdeal has the right to indefinitely suspend or terminate or blockaccess of your membership with the Website and refuse to provide you withaccess to the Website.

C. Electronic Communications

When You use the Website or send emails or other data, information orcommunication to indiasmartdeal, You agree and understand that You are communicatingwith indiasmartdeal through electronic records and You consent to receivecommunications via electronic records from indiasmartdeal periodically and asand when required. Indiasmartdeal will communicate with You by email  orelectronic records on the indiasmartdeal Website which will be deemed adequateservice of notice / electronic record.

D. Fees and Services.

Membership on the Website is free. Indiasmartdeal does not charge anyfee for browsing, bidding and buying on the Website. However, before you listan item for sale through the Website, whichis hereby incorporated by reference into this agreement. Indiasmartdealreserves the right to change its Fee and Credit policies from time to time. In particular,indiasmartdeal may at its sole discretion introduce new services and modifysome or all of the existing services offered on the Website. In such an eventindiasmartdeal reserves the right to introduce fees for the new services offeredor amend/introduce fees for existing services, as the case may be. Changes tothe Fee and Credit policies shall be posted on the Website and such changesshall automatically become effective immediately after they are posted on theWebsite. Unless otherwise stated, all fees shall be quoted in Indian Rupees andbe payable to spectrum net link India Private Limited within such time asspecified in the invoice. If You select to receive invoice in a currency otherthan Indian Rupees.

D-1Taxes: You areresponsible for paying all fees associated with the use of the Website and youagree to bear any and all applicable taxes, charges, cesses etc. leviedthereon.

D-2Nonpayment: indiasmartdealreserves the right to issue a warning, temporarily /indefinitely suspend orterminate your membership of the Website and refuse to provide you with accessto the Website in case of non-payment of fees by you to indiasmartdeal.Indiasmartdeal also reserves the right to take legal action in case ofnon-payment of fees by you to indiasmartdeal.

E. Use of the Website

E.1.Youunderstand and agree that indiasmartdeal and the Website merelyprovides hosting services to its Registered Users and persons browsing /visiting the Website. All items advertised / listed and the contents thereinare advertised and listedby Registered Users and are third party user generatedcontents. Indiasmartdeal neither originates nor initiates the transmission norselect the sender and receiver of the transmission nor selects nor modify theinformation contained in the transmission. Indiasmartdeal has no control overthe third party user generated contents.

E.2.Youagree, undertake and confirm that your use of the Website shallbe strictly governed by the following binding principles:

1. "Your Information" is defined as any information youprovide to us or other users of the Website ("Users")in the registration(as Registered User or as Guest User), bidding, buying or listing process,in the feedback area or through any e-mail feature. You are solely responsiblefor Your Information, and we act only as a passive conduit for your onlinedistribution and publication of Your Information.

2. Your Information (or any items listed):

The bold and underlined text in the following paragraphs Is inserted inaccordance with the Information Technology (Intermediaries guidelines)Rules2011. Please note that in accordance with the Information Technology(Intermediariesguidelines) Rules 2011 in case of non-compliance with rules and regulations, useragreement and privacy policy for access or usage of intermediary computer resource,the Intermediary has the right to immediately terminate the access or usagerights of the users to the computer resource of Intermediary and remove non-compliantinformation..

You shall not host, display, upload, modify, publish, transmit, updateor share any information or share/list(s) any information or item that:

(a) belongs to another person and to which You does not have any rightto;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,pedophilic, libelous, invasive of another's privacy, hateful,  or racially, ethnically objectionable,disparaging, relating or encouraging money laundering or gambling, or otherwiseunlawful in any manner whatever; orunlawfully threatening or unlawfully harassing including but not limited to"indecent representation of women" within the meaning of the IndecentRepresentation of Women(Prohibition) Act, 1986;

(c) harm minors in anyway;

(d) infringes any patent,trademark, copyright or other proprietary rights or  third party’s tradesecrets or rights of publicity or privacy or shall not be fraudulent or involvethe sale of counterfeit or stolen items;

(e) violates any law forthe time being in force;

(f) Deceives or misleadsthe addressee/ users about the origin of such messages or communicates anyinformation which is grossly offensive or menacing in nature;

(g) Impersonate anotherperson;

(h) contains software virusesor any other computer code, files or programs designed to interrupt, destroy orlimit the functionality of any computer resource; or contains any Trojan horses, worms, timebombs, cancel bots, Easter eggs or other computer programming routines that maydamage, detrimentally interfere with, diminish value of, surreptitiouslyintercept or expropriate any system, data or personal information;

(i) Threatens the unity,integrity, defence, security or sovereignty of India, friendly relations withforeign states, or public order or causes incitement to the commission of anycognisable offence or prevents investigation of any offence or is insulting anyother nation.

(j). shall not be false, inaccurate or misleading;

(j) shall not, directly or indirectly, offer, attempt to offer, tradeor attempt to trade in any item, the dealing of which is prohibited or restrictedin any manner under the provisions of any applicable law, rule, regulation orguideline for the time being in force. Without prejudice to the generality ofthe above, indiasmartdeal does not permit transactions in the following itemsincluding but not limited to categories as stated in the Prohibited andRestricted Items Policy.

(k) Shall not create liability for us or cause us to lose (in wholeor in part) the services of our ISPs or other suppliers; and

(l) Shall not link directlyor indirectly to or include descriptions of items, goods or services that:

·                                areprohibited under the User Agreement or any other applicable law for the timebeing in force including but not limited to the Drugs and Cosmetics Act, 1940,the Drugs And Magic Remedies(Objectionable Advertisements) Act, 1954, theIndian Penal Code, 1860,Information Technology Act 2000 as amended time to timeand rules there under;

·                                areidentical to other items you have up for auction but are priced lower than youritem's price, the reserve price of the item or minimum bid amount;

·                                areconcurrently listed for sale on a website other than the Website;

1. Solely to enable indiasmartdeal to use the information you supply uswith, so that we are not violating any rights you might have in Your Information,you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,royalty-free, sub-licensable (through multiple tiers)right to exercise thecopyright, publicity, and database rights (but no other rights)you have in YourInformation, in any media now known or not currently known, with respect toYour Information. Indiasmartdeal will only use Your Information in accordancewith the User Agreement and http://indiasmartdeal.com/privacy-policy.aspx.

2. You represent and confirm that you shall be the sole and exclusivelegal owner of all items, goods or products of any description that you wish tooffer for sale on the Website. You shall have absolute right, title and authorityto deal in and offer for sale such items, goods or products.

3. In the event that any transaction or attemptedtransactionrelatingto any item, good or service which is violative of this User Agreement orapplicable law comes to your knowledge, you shall take all steps to inform indiasmartdeal of thesame. If you are a Registered User, you may contact indiasmartdeal.

4. You shall not, either alone or in conjunction with other Users, manipulateor attempt to manipulate the prices of any item or services being sold orpurchased on the Website as per the applicable Shill Bidding Policy enclosed..

5. You shall at all times ensure full compliance with the applicable provisionsof the Information Technology Act, 2000 and rules there under  as applicableand as amended from time to time and also all applicable Domestic laws, rulesand regulations (including the provisions of any applicable Exchange ControlLaws or Regulations in Force) and International Laws, Foreign Exchange Laws,Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies)regarding your use of our service and your bidding on, listing, purchase,solicitation of offers to purchase, and sale of items or services. You shallnot engage in any transaction in an item or service, which is prohibited by theprovisions of any applicable law including exchange control laws or regulationsfor the time being in force. In particular you shall ensure that if any of youritems listed on the Website qualifies as an "Antiquity" or" Arttreasure" as defined in the Act("Artwork"), you shall indicatethat such Artwork is "non-exportable" and sold subject to the provisionsof the Arts and Antiquities Act, and shall ensure that it is not delivered toany Winning bidder/buyer (as defined under the Bidding and Buying section) atany place outside India.

6. From time to time, you shall be responsible for providing informationrelating to the items or services proposed to be sold by you. In thisconnection, you undertake that all such information shall be accurate in allrespects. You shall not exaggerate or over emphasize the item-specifics of suchitems or services so as to mislead other Users in any manner.

7. you shall not attempt to or circumvent or manipulate our Fee structure,the billing process or Fees owed to indiasmartdeal, and incorporated by way ofreference in this Agreement.

8. Platform for Communication The Website is only a venue where Usersmay meet and interact with one another for their transactions. Indiasmartdealis not and cannot be a party to or control in any manner any transactionbetween two Users of the Website. Consequently:

1. All commercial / contractual terms are offered by and agreed tobetween buyers and sellers alone. The commercial / contractual terms include withoutlimitation price, shipping costs, payment methods, payment terms, date, periodand mode of delivery, warranties related to goods and services and after salesservices related to goods and services. Indiasmartdeal does not have any controlor determines or advises or in any way involves itself in the offering oracceptance of such commercial / contractual terms between buyers and sellers.

2. Indiasmartdeal is not responsible for any non-performance or breachof any contract entered into between Users (includes Registered User or GuestUser).  Indiasmartdeal cannot and does not guarantee that the concernedUsers will perform any transaction concluded on the Website. Indiasmartdealshall not and is not required to mediate or resolve any dispute or disagreementbetween Users.

3. Indiasmartdeal does not make any representation or Warranty asto the item-specifics (such as quality, worth, marketability, etc.)of the itemsor services proposed to be sold or offered to be sold or purchased on the Website.In particular, indiasmartdeal does not implicitly or explicitly support orendorse the sale or purchase of any items or services on the Website. Indiasmartdealaccepts no liability for any errors or omissions, whether on behalf of itselfor third parties.

4. Indiasmartdeal does not make any representation or warranty asto the item-specifics (such as legal title, credit worthiness, identity,etc.)of any of its Users. You are advised to independently verify the bonafides of any particular User that you choose to deal with on the Website anduse your best judgment in that behalf.

5. indiasmartdeal does not at any point of time during any transactionbetween buyer and seller on Website come into or takes possession of any of thegoods or services offered by seller nor does it at any point gain title to orhave any rights or claims over the goods or services offered by seller tobuyer.

6. The Website is only a venue through which Users can reach a largerbase to buy and sell items or services. Indiasmartdeal is only providing aplatform for communication and it is agreed that the contract for sale of any ofthe products or services shall be a strictly bipartite contractbetween the Sellerand the Winning bidder/buyer. At no time shall any right, title or interestover the items vest with indiasmartdeal nor shall indiasmartdeal have anyobligations or liabilities in respect of such contract. Indiasmartdeal is notresponsible for unsatisfactory or delayed performance of services or damages ordelays as a result of items which are out of stock, back ordered or otherwise unavailable.All items are offered only for a restricted time and only for the availablesupply.

7. At no time shall any right, title or interest over the items vestwith indiasmartdeal nor shall indiasmartdeal have any obligations or liabilitiesin respect of such contract. Indiasmartdeal is not responsible for unsatisfactoryor delayed performance of services or damages or delays as aresult of itemswhich are out of stock, back ordered or otherwiseunavailable.All items areoffered by sellers are only for a restricted time and only for the availablesupply as offered by sellers.

8. You shall independently agree upon the manner and terms and conditionsof delivery, payment, insurance etc. with the other Users that you transactwith.

9. You release and indemnify indiasmartdeal and/or any of its officersand representatives from any cost, damage, liability or other consequence ofany of the actions of the Users of the Website and specifically waive anyclaims that you may have in this behalf under any applicable law. Not withstandingits reasonable efforts in that behalf, indiasmartdeal can not control theinformation provided by other Users which is made available on the Website. Youmay find other User's information to be offensive, harmful, inaccurate, ordeceptive. Please use caution and practice safe trading when using the Website.Please note that there may be risks in dealing with foreign nationals, underagepersons or people acting under false pretense.

F. Privacy

We do not sell or rent your personal information to third parties fortheir marketing purposes without your explicit consent and we only use your informationas described in the Privacy Policy. We view protection of users' privacy as avery important community principle. We understand clearly that you and YourPersonal Information is one of our most important assets. We store and processYour Information on computers that are protected by physical as well as reasonabletechnological security measures and procedures in accordance with InformationTechnology Act 2000 and rules there under. We use third parties to verify andcertify our privacy principles. Our current Privacy Policy is available on ourwebsite home page.. If you object to your Information being transferred or usedin this way please do not use the Website.

F.1. Your Consent:

By using the Site and/ or by providing your information, you consent tothe collection and use of the information you disclose on the Site by indiasmartdealin accordance with indiasmartdeal Privacy Policy.

G. Breach

Without limiting other remedies, indiasmartdeal may limit your activity,immediately remove your information or bids, or end your listing, warnotherUsers of your actions, immediately temporarily/indefinitely suspend or terminateor block your membership, and/or refuse to provide you with access to theWebsite in the event, but not limited to:

1. If you breach the User Agreement or Privacy Policy or Terms andConditions or the documents, agreements rules, policies, terms and conditionsthese incorporated herein by reference;

2. If indiasmartdeal is unable to verify or authenticate any informationyou provide; or

3. If it is believed that your actions may cause legal liabilityfor you, other Users or indiasmartdeal. Indiasmartdeal may at anytime at itssole discretion reinstate suspended Users. A User that has been suspended orblocked may not register or attempt to register with indiasmartdeal or use theWebsite in any manner whatsoever until such time that such User is reinstatedby indiasmartdeal. Notwithstanding the foregoing, if you breach the UserAgreement or the documents it incorporates by reference, indiasmartdealreserves the right to recover any amounts due and owing by you toindiasmartdeal and to take strict legal action including but not limited to areferral to the appropriate police or other authorities for initiating criminalor other proceedings against you.

H. No Warranty

Indiasmartdeal and its suppliers, affiliates and service provider providethe Website and services "as is" and without any Warranty or condition,express, implied or statutory and specifically disclaim any implied Warrantiesof title, merchantability, fitness for a particular purpose and non-infringement.You expressly agree that your use of the Website is at your risk.

I. Limitation of Liability

In no event shall indiasmartdeal or its suppliers, affiliate sand serviceproviders be liable for any direct, indirect, incidental, special, incidental,consequential or exemplary damages, including but not limited to, damages forloss of profits, goodwill, use, data or other intangible losses a rising out ofor in connection with the Website, its services or this agreement(howeverarising, including negligence).

Indiasmartdeal’s liability in any circumstance is limited to the amountof fees, if any, paid by you to indiasmartdeal. indiasmartdeal, its associates,affiliates and service providers and technology partners make no representationsor Warranties about the accuracy, reliability, completeness, and/or timelinessof any content, information, software, text, graphics, links or communicationsprovided on or through the use of the Website or that the operation of theWebsite will be error free and/or uninterrupted. Consequently, indiasmartdealassumes no liability whatsoever for any monetary or other damage suffered byyou on account of:

1. The delay, failure, interruption, or corruption of any data orother information transmitted in connection with use of the Website which are incorporatedby way of reference in this Agreement.

2. Anyinterruption or errors in the operation of the Website. You expresslyunderstand and agree that shall not be liable for any direct, indirect,incidental, special, consequential or exemplary damages, including but notlimited to, damages for loss of profits, good will, use, data or otherintangible losses (even if indiasmartdeal has been advised of the possibilityof such damages)

J. Indemnity

You shall indemnify and hold harmless indiasmartdeal and(as applicable)indiasmartdeal’s parent, subsidiaries, affiliates, third-parties and theirrespective officers, directors, agents, and employees, from any claim ordemand, or actions including reasonable attorneys' fees, made by any third partyor penalty imposed due to or arising out of your breach of the User Agreement,indiasmartdeal Rules and Policies, or the documents they incorporates byreference, or your violation of any law, rules or regulations or the rights ofa third party.

K. General

None of the provisions of the User Agreement shall be deemed to constitutea partnership or agency between you and indiasmartdeal and you shall have noauthority to bind indiasmartdeal in any manner whatsoever. 

Except as explicitly stated otherwise, any notices shall be given by postalmail on behalf of indiasmartdeal to spectrum net link India Private Limited (inthe case of indiasmartdeal) or to the email address you provide to us duringthe registration process (in your case). Notice shall be deemed given72 hoursafter email is sent, unless the sending party is notified that the emailaddress is invalid. Alternatively, we may give you notice by certified mail,postage prepaid and return receipt requested, to the address provided to usduring the registration process. In such case, notice shall be deemed given3days after the date of mailing. 

If any clause of the User Agreement shall be deemed invalid, void or forany reason unenforceable, such clause shall be deemed severable and shall notaffect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement betweenyou and indiasmartdeal with respect to the subject matter hereof.

In indiasmartdeal’s sole discretion, indiasmartdeal may transfer its rightsand obligations (also known as “assign”) under this Agreement without yourprior express consent, provided that indiasmartdeal assigns the Agreement onthe same terms or terms that are no less advantageous to you.

K.1. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is published onthe Website.

L. Arbitration

If any dispute arises between you and indiasmartdeal during your use ofthe Website  in connection with the validity, interpretation, implementationor alleged breach of any provision of the User Agreement, or the documents theyincorporates by reference, the dispute shall be referred to a sole Arbitratorwho shall be an independent and neutral third party identified byindiasmartdeal. The place of arbitration shall be Mumbai. The Arbitration&Conciliation Act, 1996,shall govern the arbitration proceedings. The arbitrationproceedings shall be in the English language.

M. Governing Law                                                                                     

The User Agreement or the documents they incorporates by reference shallbe governed and construed in accordance with the laws of India.

This document is an electronic record in terms ofInformation Technology Act, 2000 and the amended provisions pertaining toelectronic records in various statutes as amended by the Information TechnologyAct, 2000. This electronic record is generated by a computer system and doesnot require any physical or digital signatures.

 

 

 
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