Terms and conditions
 It is an agreement between you as the user(s) of the web site (the "User(s)") and IndiaMegaMart TAYAL INFOTECH .

Before you subscribe to and/or begin participating in or using web site, W          e believes that user(s) have fully read, understood and accept the agreement. 

TERMS AND CONDITIONS

1 User(s) Eligibility
2 User(s) Agreement
3 Amendment to User(s) Agreement
4 Intellectual Property Rights
5 Links To Third Party Sites
6 Termination
7 Registered User(s)
8 Data Protection/Personal Information
9 Governing Law and Disputes Resolutions
10 Big Buyer terms of use


1. 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 . Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services. 

We are not responsible for the possible consequences caused by your behaviour during use of web site.

2. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose.  It also applies to any legal entity which may be represented by you under actual or apparent authority.
This agreement applies to all services with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail. 

3. AMENDMENT TO USER(S) AGREEMENT

INDIAMEGAMART 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. 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.

4. INTELLECTUAL PROPERTY RIGHTS
INDIAMEGAMART is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Indiamegamart.com, its affiliates or licensor's of Indiamegamart.com content, as the case may be. 

All rights, not otherwise claimed under this agreement or by Indiamegamart.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. INDIAMEGAMART 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 this 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 the service. 

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall INDIAMEGAMART be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. 

The information presented here has been compiled from publicly aired and published sources. INDIAMEGAMART respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. INDIAMEGAMART reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials. 

  • Trademark 
    "Indiamegamart", "IndiaPROFILE", "IndiaLIST", "IndiaHOME", "IndiaSERVER", "Indiamegamart.COM", "TrustSeal", "TayalInfotech" and related icons and logos are registered trademarks or trademarks or service marks of INDIAMEGAMART in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 
  • Copyright
    All content on this web site is the copyright of INDIAMEGAMART except the third party content and link to third party web site on our website.

    INDIAMEGAMART is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally tens of thousands of trade leads for items on the website each day - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. INDIAMEGAMART is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, INDIAMEGAMART is not endorsing a claim of infringement. Neither, in those instances in which INDIAMEGAMART declines to take down a listing, is INDIAMEGAMART determining that the listing is not infringing, nor is INDIAMEGAMART endorsing the sale of goods in such cases.

    INDIAMEGAMART respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that 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 "INDIAMEGAMART 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 INDIAMEGAMART, or otherwise commercially exploiting the INDIAMEGAMART content. Systematic retrieval of INDIAMEGAMART 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 INDIAMEGAMART 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 INDIAMEGAMART's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. INDIAMEGAMART 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 INDIAMEGAMART service, or if INDIAMEGAMART believes that user(s) conduct is harmful to the interests of INDIAMEGAMART, its affiliates, or other users, or for any other reason in INDIAMEGAMART's sole discretion, with or without cause. 
  • URL's/Sub-Domain
    URL's/Sub-Domain Names assigned by INDIAMEGAMART to its users (which includes both paid and free) is the exclusive property of INDIAMEGAMART and it cannot be assumed to be permanent in any case. INDIAMEGAMART reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, INDIAMEGAMART WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.



5. LINKS TO THIRD PARTY SITES

Users can have their Maximiser designed & hosted on their own domain and server which is linked through Indiamegamart by paying: 

Annual Mode: One time fee of Rs. 22,720/- (non refundable) and one year hosting fee of Rs. 20,000/- for 1 year*.

Multi Year: One time fee of Rs. 47,000/- (non refundable) and three year hosting fee of Rs. 42,000/- for three years*.

Users can have their catalog (MDC) designed & hosted on Indiamegamart by paying :

Annual Mode: One time fee of Rs. 7,476/- (non refundable) and one year hosting fee of Rs. 13,884/- for One year*.

Multi Year: One time fee of Rs. 15,575/- (non refundable) and three year hosting fee of Rs. 28,925/- for three years*.

* These rates are excluding taxes and subject to change at the sole discretion of management. 

6. TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, INDIAMEGAMART reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. INDIAMEGAMART also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of INDIAMEGAMART and/or other visitors to the web site. INDIAMEGAMART reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. 

INDIAMEGAMART withholds the right to temporary or permanent termination of membership of any user for any of the following reasons: 

(a) If it concludes that the user(s) have provided any false information in connection with the member account to INDIAMEGAMART, or are engaged in fraudulent or illegal activities. 

(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site. 

(c) Utilize web site to send spam messages or repeatedly publish the same product information. 

(d) Post any material to members that is not related to international trade or business cooperation.

(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form 

(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services. 

(g) Obtain by any means web site member's user name and/or password. 

If INDIAMEGAMART terminates user(s) membership, user(s) will not have the right to re-enroll or join INDIAMEGAMART under a new account or name unless formally invited to do so by INDIAMEGAMART. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features. 


7. REGISTERED USER(S) 
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 web site by giving desired information (name, contact information, details of its business, etc.). INDIAMEGAMART 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. Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message. 

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 INDIAMEGAMART during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office. 

By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize INDIAMEGAMART to share such information with other user(s). INDIAMEGAMART may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a Registered membership at any time without any prior notification in interest of INDIAMEGAMART or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of INDIAMEGAMART in any way. 

Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Indiamegamart TayalInfotech Limited ("INDIAMEGAMART") through phone calls, SMS notifications or any other means of communication, in respect to the services provided by INDIAMEGAMART. 

8. DATA PROTECTION
Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click here to know about our privacy policy

User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights. 

User(s) hereby represent, warrant and agree that information submitted to INDIAMEGAMART for display on the web site will not: 

  • Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  • Be part of a scheme to defraud other User(s) of the web site or for any other unlawful purpose;
  • Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
  • Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
  • Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  • Solicit business from any User(s) in connection with a commercial activity that competes with INDIAMEGAMART;
  • Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
  • Otherwise create any liability for INDIAMEGAMART or its affiliates.


    INDIAMEGAMART reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject INDIAMEGAMART to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in INDIAMEGAMART's opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. 

    In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear the risk that web site may take such actions.

Web site acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the web site. INDIAMEGAMART do not have any role in developing the content. 
 

9. GOVERNING LAW AND DISPUTE RESOLUTIONS
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory. L considers itself and intended to be subject to the jurisdiction only of the Courts of Noida, Uttar Pradesh, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Noida,Uttar Pradesh, India. 

All calls to Indiamegamart are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Indiamegamart may be monitored and recorded.
The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and INDIAMEGAMART with respect to access to and use of the web site, superseding any prior written or oral agreements in relation to the same subject matter herein. 


10.  BUYER TERMS OF USE

Under Buyer banner, Indiamegamart TayalInfotech Limited (“Indiamegamart”) shall develop the MICROSITE for the USER(S) company on its website (i.e. www.Indiamegamart.com), wherein Indiamegamart shall display all the leads of the USER(S) company separatelyUSER(S) company hereby grant right to Indiamegamart to use its Intellectual Property on its website in relation to the requirements posted by the USER(S) on Indiamegamart.com

  • USER(S) company ensures that the contents provided to INDIAMEGAMART shall not contain any material which is offensive / derogatory / explicit / perverse to any specific race, gender or class of persons or degrading to public conscience or morals and do not breach any applicable law.
  • INDIAMEGAMART makes no representations or warranties to USER(S) with respect to services provided by INDIAMEGAMART under Big Buyer banner.
  • INDIAMEGAMART hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by INDIAMEGAMART under the Big Buyer banner.
  • All intellectual property rights in the logos, brands and trademarks of USER (S) Company used in relation to the above mentioned service shall vest with the USER(S) Company only.
  • (A) In no event shall Indiamegamart be liable to USER(S) Company for any special, exemplary, indirect, incidental, consequential, punitive or for any damages arising out of or in connection with respect to the above mentioned service.
Apart from the said terms & conditions, the terms of use of Indiamegamart will be deemed to form part and parcel of Buyers Term & Conditions

 

 

 
 
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