Jashsupplies User Agreement
The following demonstrates User
Agreement (here-in-after referred to as an “Agreement”) between JASHSUPPLIES
Online Store and “JASHSUPPLIES”(hereinafter referred to as “JASHSUPPLIES”) and
the users of the Website (“You”, “Your”, “User”/”Users”).
Before you subscribe to and/or begin participating in or using web site,
JASHSUPPLIES believes that user(s) have fully read, understood and accept the
Agreement.
If you do not agree to or wish to be bound by Agreement, you may not access to
or otherwise use the website.
USER AGREEMENT
Your use of a JASHSUPPLIES website –
www.JASHSUPPLIES.com (hereinafter referred to as “the website”) and services available
on a website is governed by the following terms and conditions. This User
Agreement for the website shall come into effect on June 3, 2014.
AMENDMENT TO USER(S) AGREEMENT
JASHSUPPLIES may change, modify,
amend, or update this agreement from time to time without any prior
notification to user(s) and the amended and restated terms and conditions of
use shall be effective immediately on posting. You are advised to regularly
check for any amendments or updates to the terms and conditions contained in this
User Agreement. If you do not adhere to the changes, you must stop using the
service. Your continuous use of the service will signify your acceptance of the
changed terms.
USER(S) ELIGIBILITY
User(s) means any individual or
business entity/organization that legally operates in India or in other
countries, uses and has the right to use the services provided by JASHSUPPLIES.
Our services are available only to those individuals or companies who can form
legally binding contracts under the applicable law i.e. Indian Contract Act,
1872. As a minor if you wish to purchase or sell an item on the Website such
purchase or sale may be made by your legal guardian or parents who have
registered as users of the Website. JASHSUPPLIES advises its users that while
accessing the website, they must follow/abide by the related laws. JASHSUPPLIES
is not responsible for the possible consequences caused by your behavior during
use of website. JASHSUPPLIES may, in its sole discretion, reserve the right to
terminate your membership and refuse to provide you with access to the Website
at any time.
If you are registering as a business entity, you represent that you are duly
authorized by the business entity to accept this User Agreement and you have
the authority to bind that business entity to this User Agreement.
ELECTRONIC COMMUNICATIONS
When You use the Website or send
emails or other data, information or communication to JASHSUPPLIES, You agree
and understand that You are communicating with JASHSUPPLIES through electronic
records and You consent to receive communications via electronic records from
JASHSUPPLIES periodically and as and when required.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) there
is a proper procedure which is for the convenience of user(s) so that they can
easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form
on the website by giving desired information (name, contact information,
details of its business, etc.). JASHSUPPLIES will establish an account
(“Account”) for the user(s) upon registration and assign a user alias (“User
ID”) and password (“Password”) for log-in access to your Account. If you use
the Website as Registered User, you are responsible for maintaining the
confidentiality of your User ID and Password. You are responsible for
maintaining the confidentiality of your personal and non-personal information
and for restricting access to your computer, computer system and computer
network, and you are responsible for all activities that occur under your User
ID and Password , email id and cell number as the case may be.
You can be added as a registered dealer/customer only by a registered seller on
Pooraa on the platform to access the custom catalog and pricing .
If you register on behalf of a business entity, you represent that business
entity and (a) you have the authority to bind the entity to terms and condition
of use and/or this Agreement; (b) the address you use when registering is the
principal place of business of such business entity; and (c) all other
information submitted to JASHSUPPLIES during the registration process is true,
accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal
and non-personal data in our on-line database and authorize JASHSUPPLIES to
share such information with other user(s). JASHSUPPLIES may refuse registration
and deny the membership and associated User ID and Password to any user for
whatever reason. Website may suspend or terminate a registered membership at
any time without any prior notification in interest of JASHSUPPLIES or general
interest of its visitors/other members without giving any reason thereof.
Despite my and organization’s contact number(s) are on Do Not Call Registry, I
consent to be contacted by JASHSUPPLIES through phone calls, SMS notifications
or any other means of communication, in respect to the services provided by
JASHSUPPLIES.
You agree, inter alia, to: 1. Provide true, accurate, current and complete
information about yourself as prompted by JASHSUPPLIES’s registration form or
provided by You 2. Maintain and promptly update the personal and non-personal
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete or
JASHSUPPLIES has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the User
Agreement, JASHSUPPLIES has the right to indefinitely suspend or terminate or
block access of your membership with the Website and refuse to provide you with
access to the Website.
USE OF THE WWW.JASHSUPPLIES.COM/
You understand and agree that
JASHSUPPLIES and the Website merely provide hosting services to its Registered
Users and persons browsing/visiting the Website. All items advertised/listed
and the contents therein are advertised and listed by Registered Users and are
third party user generated contents. JASHSUPPLIES has no control over the third
party user generated contents.
Please note that in accordance with the Information Technology (Intermediaries
guidelines) Rules 2011 in case of non-compliance with user agreement and
privacy policy for access or usage of intermediary computer resource, the
Intermediary has the right to immediately terminate the access or usage rights
of the users to the computer resource of Intermediary and remove non-compliant
information.
You shall not host, display, upload, modify, publish, transmit, update or
share any information or share/list(s) any information or item that:
- Belongs to another person and to which You does not
have any right to;
- 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 otherwise
unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to “indecent representation of women”
within the meaning of the Indecent Representation of Women (Prohibition)
Act, 1986;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other
proprietary rights or third party’s trade secrets or rights of publicity
or privacy or shall not be fraudulent or involve the sale of counterfeit
or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any Trojan horses,
worms, time bombs, or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept
or expropriate any system, data or personal information;
- Threatens the unity, integrity, defense, security or
sovereignty of India, friendly relations with foreign states, or public
order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
- Shall not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and
- Shall not link directly or indirectly to or include
descriptions of items, goods or services that are prohibited under the
User Agreement or any other applicable law for the time being in force
including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs
And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian
Penal Code, 1860, Information Technology Act 2000 as amended time to time
and rules there under.
You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules there under
as applicable and as amended from time to time and also all applicable
Domestic laws, rules and regulations (including the provisions of any
applicable Exchange Control Laws 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 services. You shall not engage in any transaction in an
item or service, which is prohibited by the provisions of any applicable
law including exchange control laws or regulations for the time being in
force. In particular you shall ensure that if any of your items listed on
the Website qualifies as an “Antiquity” or “Art treasure” as defined in
the Act (“Artwork”), you shall indicate that such Artwork is
“non-exportable” and sold subject to the provisions of the Arts and
Antiquities Act.
User(s) hereby grant an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) license to
JASHSUPPLIES to display and use all information provided by them in
accordance with the purposes set forth in agreement and to exercise the
copyright, publicity, and database rights you have in such material or
information, in any form of media, third party copyrights, trademarks, trade
secret rights, patents and other personal or proprietary rights affecting
or relating to material or information displayed on the web site,
including but not limited to rights of personality and rights of privacy,
or affecting or relating to products that are offered or displayed on the
website. JASHSUPPLIES will only use Your Information in accordance with
the User Agreement and JASHSUPPLIES Privacy Policy. You represent and
confirm that you shall have absolute right, title and authority to deal in
and offer for sale such items, goods or products.
From time to time, you shall be responsible for providing information
relating to the items or services proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the
item-specifics of such items or services so as to mislead other Users in
any manner.
INTELLECTUAL PROPERTY RIGHTS
JASHSUPPLIES is not an expert in
your intellectual property rights, and we cannot verify that the Suppliers of
our online marketplace have the right to sell the goods and/or services offered
by them. JASHSUPPLIES is also not an arbiter or judge of disputes about
intellectual property rights. By taking down a listing, as a prudential matter,
JASHSUPPLIES is not endorsing a claim of infringement. Neither, in those
instances in which JASHSUPPLIES declines to take down a listing, is
JASHSUPPLIES determining that the listing is not infringing, nor is
JASHSUPPLIES endorsing the sale of goods in such cases. JASHSUPPLIES does not
represent or endorse the accuracy or reliability of any information, or
advertisements (collectively, the “content”) contained on, distributed through,
or linked, downloaded or accessed from any of the services contained on its web
site, or the quality of any products, information or other materials displayed,
or obtained by you as a result of an advertisement or any other information or
offer in or in connection with its services.
JASHSUPPLIES respects the intellectual property rights of others, and we expect
our Suppliers and User(s) to do the same. We believes that the User(s) agree
that they will not copy, download & reproduce any information, text,
images, video clips, directories, files, databases or listings available on or
through the web site (the “JASHSUPPLIES content”) for the purpose of re-selling
or re-distributing, mass mailing (via email, wireless text messages, physical
mail or otherwise), operating a business competing with JASHSUPPLIES, or
otherwise commercially exploiting the JASHSUPPLIES content. Systematic
retrieval of JASHSUPPLIES content to create or compile, directly or indirectly,
a collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without written permission from
JASHSUPPLIES is prohibited.
In addition, use of the content for any purpose not expressly permitted in this
Agreement is prohibited and may invite legal action. As a condition of your
access to and use of JASHSUPPLIES’s services, you agree that you will not use
the web site service to infringe the intellectual property rights of others in
any way. JASHSUPPLIES reserves the right to terminate the account of a user(s)
upon any infringement of the rights of others in conjunction with use of the
JASHSUPPLIES service, or if JASHSUPPLIES believes that user(s) conduct is
harmful to the interests of JASHSUPPLIES, its affiliates, or other users, or
for any other reason in JASHSUPPLIES’s sole discretion, with or without cause.
In no event JASHSUPPLIES shall be liable for any direct, indirect, incidental,
punitive, or consequential damages of any kind whatsoever with respect to its
services. User(s) of this site must hereby acknowledge that any reliance upon
any content shall be at their sole risk.
SELLER INDEMNITY
The Supplier shall indemnify and
hold harmless JASHSUPPLIES in respect of Third Party life and Property damage
claims arising out of the fire protection or other products available on the
website of JASHSUPPLIES. JASHSUPPLIES is just acting as pure marketplace and
not doing any sale and purchase of goods/article.