This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully. By accessing, browsing or otherwise using the Platform indicates Your agreement to these Terms and concluding a legally binding contract with Us. In order to use the Services, You must first agree to the Terms. You can accept the Terms by:
The Company may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Platform after any such amendment or change in the Terms shall be deemed as Your express acceptance to such amended/changed Terms and You also agree to be bound by such changed/amended Terms.
You agree that You will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Without limiting the generality of these Terms, in using the Services, You specifically agree not to post, upload, modify or transmit any content (including review) or engage in any activity that, in Our sole discretion which:
You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password ‘mining’ or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the Terms, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers on platform or otherwise tarnish or dilute Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems or networks, or any systems or networks connected to the Company.
Ownership of Company’s Content and IP Rights
We are sole and exclusive copyright owners of the Platform and Our content posted on the Platform (“Content”). We as well as Licensor owns the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Platform and Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Platform contains original works and have been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of Us and such others. You further acknowledge that the Platform may contain information which is designated as confidential by the Company and that You shall not disclose such information without Our prior written consent.
You agree to protect the Company’s proprietary rights and the proprietary rights of all others having rights in the Platform during and after the term of these Terms and to comply with all reasonable written requests made by Us or Our suppliers and Licensor of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Platform. You acknowledge and agree that Company and its Licensor own all legal right, title and interest in and to the Platform, including any IP Rights which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless You have agreed otherwise in writing with the Company nothing in the Terms gives You a right to use any of Company/Licensor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company/Licensor or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at the appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Platform’s Content in whole or in part except as expressly authorized by the Company.
To the fullest extent permitted by applicable law, We neither warrant nor represent that Your use of materials displayed on the Platform will not infringe the rights of third parties not owned by or affiliated with Us.
Your License to Content
We grant You a personal, limited, non-exclusive and non-transferable license to access and use the Platform only as expressly permitted in these Terms. You shall not use the Platform for any illegal purpose or in any manner inconsistent with these Terms. You may use the information made available through the Platform solely for Your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Content in whole or in part except as expressly authorized by Us. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Platform, Content or Our IP Rights.
Any violation by You of the license provisions contained in this Section may result in the immediate termination of Your right to use the Platform, as well as potential liability for IP Rights infringement depending on the circumstances.
Company’s License to Your Information
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE PRODUCTS AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS GROUP COMPANIES, LICENSOR, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BRANCHES AND SUBSIDIARIES (“COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE PLATFORM AND THE PRODUCTS AND SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SAME AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM AND/OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM THROUGH THE ACTIONS OF ANY THIRD-PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE PLATFORM AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY US, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
Limitation of Liability
You agree to indemnify, defend, and hold harmless the Company Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your unauthorized use of the Platform, or Products or Services included or advertised in the Platform; (ii) Your access to and use of the Platform; (iii) Your violation of any rights of another party; or (iv) Your breach of these Terms, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without Your prior consent, any and all claims or causes of action which are brought against Us. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which You have indemnity obligations without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
We may terminate Your use of the Services and deny You access to the Platform at Our sole discretion for any reason or no reason, if We believe You violate these Terms or other Policies. You agree that any termination of Your access to the Platform may be affected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and/or bar any further access to Your account or the Platform. If You use the Platform in violation of these Terms, We may, in Our sole discretion, retain all data collected from Your use of the Services. Further, You agree that We shall not be liable to You or any third party for the discontinuation or termination of Your access to the Platform.
You may terminate these Terms at any time, provided that you discontinue any further use of the Platform.
Cookies cannot gather any personal information about You other than information You provide voluntarily, such as the information You enter if You choose to register on the Platform.
Most browser software lets You decide whether or not You want to allow cookies to be created. You can set Your browser to notify You when a website sends a cookie to Your computer. Most browsers also provide a way for You to remove cookies from Your computer. If You tell Your browser to deny cookies while You are visiting the Platform, the visit will be terminated for Your protection.
XII. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
The Platform may contain any typographical error including pricing and if a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User has been charged. If User has already been charged for the purchase and User’s order is canceled, We shall issue a credit to User’s account with the equivalent amount.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between You and Us and You shall have no authority to bind Us in any form or manner, whatsoever.
These Terms shall be governed by the laws of India. The Courts of law at Bengaluru shall have exclusive jurisdiction over any disputes arising under this agreement.
For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply:
By accessing the Platform through a mobile or another device, You may be subject to charges by Your Internet or mobile service provider, so check with them first if You are not sure, as You will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Platform. You may link to the Platform, provided that You acknowledge and agree that You will not link the Platform to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in Our sole discretion, result in termination of Your use of and access to the Platform effective immediately.
You may contact Grievance Officer at the following email address:
Copyright ©️ 2023 Indkal Technologies Private Limited – All Rights Reserved.
The Acer trademarks are licensed to Indkal Technologies Private Limited by Acer Incorporated.
* Mandatory fields