EXPLANATION OF TERMS
- Goods - Goods shall mean and include Industrial Electrical /Electronic/Automation goods
- Access- "Access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.
- Listing up of a Good- Listing up of a Good shall mean uploading on the website image of your good(s), your name and contact no., specification and condition of the good(s) _______ .
- Content/ Information - Content/ information shall mean every content/ information that you provide with us or to other users during, registration/ signing up for an account, posting of an advertisement and listing up of the goods. This may be in the form of literary work, artistic work, dramatic work, musical work, Sound recording, and cinematograph film.
- Indecent representation of women- Indecent representation of women shall mean indecent representation of women within the meaning of Indecent Representation of Women (Prohibition) Act, 1986.
- Intermediary - "Intermediary" shall mean “intermediary” within the meaning of Section 2(w) of IT Act, 2000. Section 2(w) of IT Act, 2000 runs as follows “Intermediary” with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes.
- Vidyutbazar- Vidyutbazar shall mean (name of the company) and each of its employee, officers, agent, and every other representative in whatsoever capacity.
NATURE OF OUR SERVICE(s)
It is reiterated that we are an “intermediary” who receive, store and transmit electronic records and provide service in respect of that record. We facilitate communication between sellers of the goods and interested buyers and in that furtherance we display, advertise and distribute relevant information/ contents in respect those goods on the website. We also advertise information/ contents about various entities (an individual, partnership firms/ private limited companies etc.) selling/ dealing in goods. It is important to note, however, we do not endorse, market, or promote any of the listings of the goods. We do not endorse, market, promote any posting of the information/contents on the website. (Exception is Vidyut Directory). Hereby, you (all the users more particularly intending/ interested buyers) are requested and strongly advised to exercise due diligence, caution and care, judgment and common sense while purchasing the goods posted for sale on the website or exchanging the information/ contents. Please make independent verification in respect of the accuracy, completeness, timeliness, and reliability of any information or material you find on the website.
Users of our website can directly list up the good(s) on it. We absolutely do not take part in listing up of the good(s) by the users. In general, we also do not take part in editing the listing up of the good(s). Our officers, employees, agents, and all other representatives shall not be responsible for legitimacy and accuracy of the listing up of the good(s) and in respect of genuineness of your and other user’s listing up of the good(s). We do not guarantee the fitness, genuineness, performance, quality of the good(s) you receive as a result of using our services. We do not take any responsibility of loss of money, reputation, goodwill, or any direct or indirect or consequential damage, mental agony arising out of your use of the website or as a result of your sale-purchase of the good(s) listed on the website. We do not take any liability in respect of the transaction that may take place between the parties as a result of use of our website. We do not take any responsibility for the contents/information posted by any user/visitor that is threatening, defamatory, obscene, tortuous, and in any way immoral/illegal. However, we will try our best to remove such content/information as soon as possible.
DUTIES OF THE USER/VISITOR
YOUR LISTING UP OF THE GOODS ON THE WEBSITE OR PROVIDING INFORMATION/ CONTENT TO US
- a. Shall not be fraudulent, Misleading or pertaining to the sale of the goods which are counterfeit, stolen, illegal.
- b. Shall not pertain to the goods of which you are not the lawful owner or for which you do not have any lawful authority to list up.
- c. Shall not amount to infringement/ violation of copyright, trademark, design etc.
- d. Shall not consist of material that is an expression of bigotry/prejudice, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party
- e. Shall not be obscene, profane, sexually abusive, threatening, vulgar, abusive, contain pornography or contain indecent representation of women.
- f. Shall not amount to breach of privacy of others. For example, sharing information including contact numbers, email-id etc. about others on the website.
- g. Shall not distribute or contain spam, viruses or any other technologies that may harm the website or the interests or property of Vidyutbazar or its users or impose an unreasonable load on the infrastructure or interfere with the proper working of website;
- h. Shall not contain multiple / chain letters, or pyramid schemes in any of its forms.
- i. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods, 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.
- j. Shall not be in respect of more than 25 goods for sale at a time.
YOU SHALL REMOVE THE ADVERTISEMENT OF LISTING UP OF THE GOOD(S) AS SOON AS IT IS/THEY ARE SOLD
ACCOUNT LOGIN AND PASSWORD
- a. You shall be responsible to maintain confidentiality of your user ID, Password and your email address.
- b. You shall be responsible for all the activities done under/ though your user ID and Password.
- c. You shall not attempt to login into the accounts of others in an unauthorized manner.
YOUR LISTING UP OF THE GOODS ON THE WEBSITE OR PROVIDING INFORMATION/ CONTENT TO US ON BEHALF OF A LEGAL ENTITY
- a. When you are posting advertisement(s), listing up good(s) on the website, providing content/ information to us on behalf of a legal entity (Partnership firm, private limited company etc.), you shall be responsible to take prior permission from that particular entity for that purpose(s) and accountable for the same to the other users of the website.
INFORMING VIDUYTBAZAR ABOUT OFFENSIVE, IMMORAL ETC. CONTENT POSTED ON THE WEBSITE
- a. You shall inform vidyutbazar at email@example.com in the event you come across any listing or posting that is offensive, illegal, immoral, scandalous, obscene, derogatory to reputation of one, or infringes intellectual property of others in order to keep the website functioning smoothly.
MISUSE OF THE EMAIL ID, CONTACT NO.-
- a. You hereby agree that you will not misuse the contact number or email id as appearing on our website of any person/ entity. You shall use it just for the legitimate purpose, more particularly, in respect of buying/selling of the goods.You may face civil/criminal action, if at all, you misuse of the same.
USING THE SERVICES
You must follow the instructions provided to you for visiting and accessing the website. It is not advisable to try to access our services using a method other than the instructions that are provided. You may use our Services only as permitted by law, including applicable export and other web security laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms and conditions or if we find your conduct suspicious. Before you post an advertisement about your product for the purpose of selling or before buying a particular product, you make sure that you are capable legally to enter into a valid contract.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or from us or otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
Do not remove, obscure, or alter any legal notices displayed in or along with our Services. In our Services content is being fetched from various websites. Using various algorithms and technologies, we are displaying the data about the content (products, deals, advertisement and other services offered by shopping portals and brands included in our search engine) as accurately as we can.
If the data about some deals, offers or products is not getting displayed from an e-commerce store included in our search engine inform us about the same and we would promptly address the issue.
Our Services display some content that are fetched from online and offline shopping portals and various brands. The responsibility about the accuracy of the contents that is being provided by the store would remain with that particular store. We may review the content to determine whether the products, deals and services offered fall in our legal policies or not and we may remove or refuse to display content that we reasonably believe violates our policies or the law or our ethical values. However, that does not necessarily mean that we review content, so please do not assume that we do.
You must not extract data that has been collected by us and as appears on the website through any mean. You shall not attempt in any way and through any mean to alter, modify, change, influence in any way the information/content posted by other users.
(OPTIONAL) In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.
CREATING AN ACCCOUNT
In order to use some of our Services, you will need to open an account with Vidyut bazar. You may create your own account by following instructions on www.vidyutbazar.com. or an account may be assigned to you by our administrator (optional). If you are using an account assigned to you by an administrator, terms and conditions may vary and your administrator may be able to access or disable your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and hereby you agree to accept responsibility for all activities that occur under your account or password. Viduytbazar reserves the right to refuse service, terminate accounts, remove or edit content at their sole discretion.
PERSONAL DATA PROTECTION
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Service(s). By using our Service(s), you agree that viduytbazar can use such data in accordance with our privacy policies.
CHANGE IN THE SCOPE OF SERVICES
Vidyutbazar is constantly trying to improve its services. We may add/ change/ completely remove functionalities or features. We may suspend or stop a Service altogether. You may stop using our Services at any time. We do not guarantee continuous and secure access to our services. Vidutbazar may create new limits to its Services at any time. However, we will try our best to display an advance notice to such effect.
We may screen some of the listing up of the goods in order to combat internet fraud. This may delay the posting of the listing up of the goods.
You hereby agree not to make any complaint of any kind whatsoever if the foregoing situation is created.
INTELLECTUAL PROPERTY PROTECTION POLICY
When you list up good(s), provide content/ information to us, post an advertisement on our website, it is your duty to make sure that you own copyright/ trademark/ design right before you do so. Any infringement claim arising out of your listing up of good(s), providing content/ information, posting advertisement on our website shall completely be your responsibility and liability. We do not take any responsibility or liability when the infringement claim arises out of your wrong and illegal act.
The website contains our own data, content/information received from you and other visitors/users. Such collected data may involve highly valuable intellectual property rights. You shall not reproduce in any material form, communicate to the public, perform, display, adapt, translate, issue copies of, and make any cinematograph film or sound recording the content/information in which is copyright is not owned by you. For example,
- i. Do not download any content of the website (other than page caching) or modify it.
- ii. Do not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form), if you do not own the relevant copyrights.
Your act should not amount to violation of trademark right/ infringement of trademark(s).
You should not commit piracy of/ copy design(s).
It shall be your responsibility and liability to defend any such infringement claims.
When you provide content/ information to us for the purpose of advertisement or otherwise, list up the good(s) on the website, you grant us non-exclusive, permanent, irrevocable, royalty-free, worldwide licence to reproduce in any material form, communicate to the public, perform, display, adapt, translate, issue copies of that content/ information throughout the world through our website. This licence continues even if you stop using our Services (for example, for a business listing you have added to vidyutbazar).
If we find or suspect that your listing up of the good(s), posting of an advertisement, providing information/ content to us amounts to or may amount to violation of any intellectual property right, we reserve right to remove content/ information from our website, restrict/ prohibit from posting advertisement or providing information/ content to us.
We, grant you permission to visit/access and make personal use of the website. Permission to visit the website does not include commercial use of
- i. The website or its contents
- ii. Any collection and use of any product listings, descriptions, or prices;
- iii. Any derivative use of this website or its contents;
- iv. Any downloading or copying of account information for the benefit of another merchant; or
- v. Any use of data mining, robots, or similar data gathering and extraction tools.
MODIFICATION IN THE TERMS AND CONDITIONS
We may modify/ add to the foregoing terms and conditions pursuant to the change in laws or otherwise also. It shall be your responsibility to pursue any change in the same. We shall try our best to post on our website changes so made in the terms and conditions as soon as possible. Modification/ addition in terms and conditions pursuant to changes in law shall become effective immediately. If you do not agree with the changes in terms and condition, you should not continue to avail services from us.
These terms control the relationship between vidyutbazar and you. They do not create any third party beneficiary rights.
We also reserve right to close your account and terminate/ suspend your membership for several reasons including
- b. An order of the executive agency of the government
- c. Our decision to change, discontinue any or all the part of the website.
- d. If you act illegally and fraudulently.
If it turns out that a particular term is not enforceable at law, this will not affect any other terms and conditions. In case a dispute arises and involves vidyutbazar as a party, the Courts in Pune shall have exclusive jurisdiction.