Term of Use

Introduction

This website domain name www.redbracket.in Terms of Use & Privacy Policy ("Terms of Use") describes the conditions of use of the website and domain name owned and operated by Redbracket Digital Pvt Ltd. having its registered office at Viton House, Opp. Rangkunj Society, Nr. Naranpura Char Rasta, Naranpura, Ahmedabad - 13. India. (Hereinafter referred to as owner or we). The terms of use sets out the terms and condition of use of the website in accordance with The Information Technology Act 2000 read with the Information Technology (intermediaries guidelines) Rules 2011. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The owner shall allow limited and restricted access to the information in the website to non-registered users.

That by accessing, browsing or using the website indicates your agreement to all the terms and conditions under these terms of use and you are requested to go through and abide by the terms of use before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Owner's Policies ((including but not limited to Privacy Policy available on redbracket.in web site.) as amended from time to time.

Content

All text, graphics, photographs, trademarks, logos,sounds, music and artwork (collectively, "Content"), is owned by us based on the information, specification, details, quality or desired result of use indicated by a third party and for such qualifications the Website or we have no control over and we rely on such third party information. We are merely an intermediary for the purposes of this Terms of Use. We reserve the right, but has no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. The Website and their contents, including, without limitation, all text, images, videos, and photos are licensed to owner. Reproduction, distribution, republication or retransmission of any material of the Website is prohibited unless the prior written permission of Owner has been obtained. We reserve the right to prohibit linking to the websites for any reason in its sole discretion.

Eligibility to use

Use of the website is available only to such persons or legal entity who can legally contract under Indian Contract Act, 1872. Persons or Legal entity who are "incompetent or not entitled to contract" within the meaning of the Indian Contract Act, 1872 shall not be eligible to use the website. The website reserves the right to terminate any registration and/or refuse to provide access to the website if it is brought to the Website's notice or if it is discovered that the person or legal entity accessing/using the Website is not entitled to legally contract under Indian Contract Act, 1872 or the information provided for registration are false and materially misleading.

Account Password and security

Any person or legal entity may access the website and the Products and services listed therein either by registering with the Website or using the Website as a guest. However, a guest user may not have access to all sections of the website including contact details and other information of the products and services which shall be reserved only for the purpose of registered users, and which may change from time to time at the sole discretion of the website. If you wish to register yourself with the website, you shall be required to create an account by registering through face-book or your email account or by filling in the details prescribed in the Website registration form.. After uploading the information with supporting document evidencing your legal entity the user shall validate the same by mobile OTP and the user will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account.

You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session and (c) The Website or the owner cannot and will not be liable for any loss or damage arising from your failure to comply with this section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the terms and expected good practices in this regard. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.

If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof). The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will www.redbracket.in be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against www.redbracket.in in this regard. Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website's privacy policy.

Charges

Membership on the Website is free for users and there are no charge for browsing the website. However the website shall charge fees as per separate agreements for listing of products and services by manufacturer of products, solution provider and service providers as the case may be as per the policy of the website. The Website reserves the right to change its Fee Policy from time to time and may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event the Website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

Use of the website

As a user as well as for listing of products on the website you agree, undertake and confirm that the use of Website and listing on the website shall be strictly governed by the following and you shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) Belongs to another person and to which you do not have any right to;

(b) Is misleading or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;

(c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(d) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(e) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(f) Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

(g) Promotes an illegal or unauthorized copy of another person's copyrighted work below for instructions on how to lodge a complaint about uploaded copyrighted material);

(h) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(i) Falsely holds out the features, quality or functionality of any product or service;

(j) Contains video, photographs, or images of another person (with a minor or an adult).

(k) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(l) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(m) Interferes with another user's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(n) Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(o) 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 products;

(p) Violates any law for the time being in force;

(q) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(r) Impersonate another person;

(s) 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, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(t) 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.

(u) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. You shall not probe, scan or test the vulnerability of the Website or any network that is connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the brand name or domain name www.redbracket.in or us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website. We reserve the right, but has no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or Terms of Use or is not esthetic suitable for listing at the discretion of Redbracket Digital Pvt Ltd. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.

No Warranty

This Website, all the products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant about any information on this Website being complete, true, accurate or non-misleading.

We are merely an aggregator of product and services and hence we shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this website; information, content, materials, product or services included on or otherwise made accessible to you through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. We do not sale or offer to sell any product or service through the website. We have prepared the content on the Website for general informational purposes only and while reasonable efforts have been made to ensure the information in the Websites is accurate, the information is not guaranteed to be correct, complete or up-to-date or assured to give desired result at all times and the user shall exercise diligence and actual verification of the products and services listed and verify the antecedent of the seller or the service provider. No warranty is made as to the services, products or its accuracy or the desired results of the content on the Websites. Owner reserves the right to change Website content as needed, with retroactive effect as designated, to correct any errors or other information that may have been posted.

Linking

Nothing in the Websites (including links to other sites) should be interpreted as promoting, referring, recommending, endorsing, guaranteeing, or warranting, any particular service, product, entity or provider. That all links or references to other websites are provided as a convenience only. Users of the Websites acknowledge that linked or referenced websites are not operated or controlled by Owner and are governed by the terms of use and privacy policies of the operators of such other websites. Any interactions a User may have with any websites including, without limitation, uploading or otherwise disclosing personal information to such other websites, is in the sole discretion and control of the User. Linking to the Websites from other websites is permitted for charitable and/or non-commercial purposes; however, OWNER reserves the right upon notice to prohibit linking to the Websites for any reason in its sole discretion.

Collection of Non-personalised User Date

Owner may collect general, non-personally identifiable information regarding usage and users of the websites, including, without limitation, the name of the domain of each user, the IP protocol number of each user, and the date and time each web page visited. Some pages may use cookies to maintain sessions or to automate navigation. A cookie is a small text file that the web server places on a User's computer hard drive to be a unique identifier of that computer. Cookies enable to track usage patterns and other statistics, but do not collect personally identifiable information. Owner may use usage tracking and click stream tracking to track all Users with cookies enabled. Any users wishing to utilize the Website but not want data about their activity collected can disable cookies on their computers prior to interacting with the site. Disabling cookies may limit the functionality of the User experience with the Website.

Collection of Personally Identifiable information

Owner may collect personally identifiable information via the Websites from Users who voluntarily provide such information. Personally identifiable information will not be collected by any method that does not involve an affirmative action on the part of the User to submit such information to OWNER; Users acknowledge and agree that OWNER may use such information in any manner reasonably related to its activity purpose.

Limitation of liability

Under no circumstances shall OWNER be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Website or any services, function and program offered thereunder, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the website or information available in the website.

OWNER shall not be liable even if OWNER or its authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

Geography Scope of site

OWNER controls and operates this website from within India. Unless otherwise specified on or by this website, this website is intended to promote only those OWNER products and or services that are sold by OWNER in Indian territories, and OWNER makes no representation that materials in this Website or the products described thereby are appropriate or available for use in other locations or would give always desired result. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

Services and Products

OWNER reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations. You acknowledge that you are using the products or service offered at your own risk. The service is provided "as is," basis and OWNER and or its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness or effectiveness of the Product or services.

The OWNER and its affiliates do not represent or warrant that availing service or using products shall always give desired results and they only list the products and services as an aggregator of products and services. The OWNER and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access use to or inability to access the service, including your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action.

Security of communication / information

OWNER does reasonable efforts to secure communications over the Websites, and has security measures and tools to protect against the loss or theft of information collected through the Websites. However OWNER cannot guarantee complete privacy, security and confidentiality of information, and OWNER makes no warranty regarding, the security of any information transmitted or collected.

Compliance with law

OWNER will fully cooperate with any law enforcement authorities and comply with any court orders requesting OWNER to disclose personally identifiable or other information requested by such authorities and shall preserve all date and usage of the website for a period of 90 days or such further period as may be required under applicable law.

User actions and user-provided information

Users agree that any information provided to OWNER shall be accurate and complete and they further agree not to provide information to OWNER that relates to any individuals (other than themselves) or entities without the permission of the individual or entity referenced. Users agree not to use the Website in any manner that may be infringing or for a commercial/advertising purpose. Threatening, false, misleading, libelous, defamatory, obscene, or give rise to any criminal or civil liability.

Use Assumption of risk, Release and indemnification

Users assume all risks related to use of the Website, and or Products or services listed therein. Each User agrees to indemnify, defend, and hold OWNER (including its affiliates, officers, directors, members, employees, agents and representatives) harmless from and against any losses, damages, liabilities or costs of any nature related in any manner to the use of the Websites by such User or on account of listing of products or services being in contravention to. OWNER shall not be liable to Users or any other parties for any claims for damages, whether direct, indirect, special, consequential, incidental or punitive, based on any cause of action whatsoever relating to use of the Websites or Services or Products by any person or entity.

Privacy Policy

This privacy policy ("Privacy Policy") shall form an integral part of the Terms of Use of the Website ("Terms"). We will only collect information where it is necessary for us to do so and relevant and required for providing services as an aggregator. We shall therefore only use your name and other information that relates to you or the business entity in the manner set out in this Privacy Policy. All information collected from you is required for registering you as a registered user or for listing your products and services on the website.

The website shall use the information collected from you in accordance with applicable laws including but not limited to the Information Technology Act, 2000 and the rules made there under and use the data only for the purpose of services or for purposes as may be required under the laws. You authorize us to collect and store (in electronic and physical form) your personal information such as title, name, gender, email address, postal address, telephone number, mobile number, fax number, registration details of the entity, letter of authority for listing the products and or services on the website, Internet protocol (IP) address, personal information received from social networking sites through which You have registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service and such other personal and non-personal information that may be required to access and operate the Website. Please be advised that the duration of use of the Website you may also be logged and stored by the Website.

We may also send you other information about us, the Website, our other websites, our products, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or follow the un-subscription process as detailed in the SMS. Kindly note that unsubscribing from one medium does not automatically lead to un-subscription from the other. There may be some emails/sms which are integral part of the scope of services of the website, user cannot unsubscribe.

We may share the information collected from you with our affiliates, employees, agents, service provider, sellers, suppliers, banks, and such other individuals and institutions like if called for under law. We may also use your data in order to manage the Website, enable you to subsequently use parts of the Website, detect any fraud or Website abuses, send you information relevant to the Website or the products, and services listed and in case we have any queries.

You hereby represent and warrant to the Website that: All information derived from in relation to You or the business entity are true, correct, current and updated and information provided do not belong to any third party, and if they do belong to a third party, you are authorized by such third party to use, access and disseminate such information; You shall indemnify and hold harmless the Website and each of the Website's officers, directors, contracts or agents and any third party relying on the information provided by you in the event you are in breach of this Policy. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords unless this misuse is on account of any fault only attributable to us.

We shall not sell or rent any of your personal information with third parties without your explicit consent. We only use your information as described in the Privacy Policy. We understand and undertake protection of your privacy and your personal data shall be stored and processed on computers that have security protected. In the case you object to your information being transferred or used in the manner and to the extent set out under this privacy policy we request you not to use the Website.

Notwithstanding anything to the contrary, the Website and/or Redbracket Digital Pvt. Ltd. shall not be held responsible for any loss, damage or misuse of the information provided by you.

Cookies: The acceptance of cookies is not a requirement for visiting the Website. However some functionality on the Website and ordering is only possible with the activation of cookies. Cookies are tiny text files that identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer's hard drive. Cookies can be used to recognize your Internet Protocol address, saving you time while you are on, or want to enter, the Website. We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you or targeted advertising. Your browser can be set to not accept cookies, but this would restrict your use of the Website. However in any case, use of cookies does not contain any personal or private details and are free from viruses.

Security: We undertake reasonable security measures to prevent unlawful access to or damage to your information and in this regard data are saved in a secure server. All information is stored in cloud. We use firewalls on our servers. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information.

Jurisdiction and applicable Law

Any dispute arising from these Terms of Use shall be governed by the Indian laws and subject to exclusive jurisdiction of courts in the city of Ahmedabad, Gujarat, India. Any dispute claim arising between the user and OWNER under the terms of use or otherwise shall be referable to arbitration of a sole arbitrator mutually appointed by the parties. The arbitral proceeding shall be conducted in the city of Ahmedabad in English Language in a summery manner under Section 29-B of the Arbitration and Conciliation Act 1996 and the arbitral tribunal shall pass an award finally adjudicating the dispute between the parties within 6 months of being appointed.

Amendment

OWNER may amend these Terms of Use at any time in its sole discretion. This Terms of Use constitutes the entire agreement between OWNER and the User relating to use of the Websites.

Acceptance of terms of use

The use and viewing of the websites indicates your confirmation to these terms of use. If you do not agree with these terms of use, please do not use the web sites. All names, designs, logos and related marks are trademarks of Redbracket Digital Pvt. Ltd. All rights reserved

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