Application and Acceptance of the Terms
- This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms. Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.
- User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with aseztak.com
- You acknowledge and agree that aseztak.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
- The Terms may not otherwise be modified except in writing by an authorised officer of aseztak.com
- You must register as a User on the Platform in order to access and use Services. Further, aseztak.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that aseztak.com may impose in its discretion.
Fees and Charges Payable by Seller
Seller will pay to aseztak.com, if applicable, fee for use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the seller (collectively referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by aseztak.com and communicated to the seller, from time to time.
The applicable Platform Fee shall be as communicated by aseztak.com to the seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by aseztak.com in its sole discretion. It shall be the seller’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform and the services by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.
The Platform Fee shall be exclusive of all applicable taxes, including Goods and Services Tax.
- You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with aseztak.com or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
- aseztak.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that aseztak.com has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
- You agree not to undertake any action which may undermine the integrity of aseztak.com’s feedback system.
- By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to aseztak.com or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to aseztak.com to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to aseztak.com that you have all the rights, power and authority necessary to grant the above license.
- User agree, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:
- User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using aseztak.com communication platform;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- 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];
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
- interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
- 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 products;
- 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, cancel-bots, easter eggs 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, defence, 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 aseztak.com or cause aseztak.com to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, 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. aseztak.com reserve its right to bar any such activity.
- User shall not attempt to gain unauthorised 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.
- Unless expressly permitted, User 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. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, 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 User’s own information, as provided for by the Platform.
- User must be registered on the Platform to access or avail the Services. Except with aseztak.com's approval, one User may only register one account on the Platform. aseztak.com may cancel or terminate a User’s account if aseztak.com has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, aseztak.com may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
- A set of User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorised by you.
- You represent, warrant and agree that (Ⅰ) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms; (Ⅱ) you have full power and authority to accept the Terms, to grant the license and authorisation (if applicable) and to perform the obligations hereunder; (Ⅲ) you use the Platform and Services for business purposes only; (Ⅳ) the address you provide when registering your account on the Platform is the principal place of business of your business entity; and (Ⅴ) your business is validly existing and incorporated / established as per the provisions of applicable laws.
- User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- User consents to the inclusion of the contact information about User in aseztak.com's database.
- You represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; (b) any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
- aseztak.com reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submit to, post or display on the Platform which aseztak.com reasonably believes is unlawful, violates the Terms, could subject aseztak.com or its affiliates to liability, or is otherwise found inappropriate in aseztak.com's opinion.
- If any User breaches any Terms, or if aseztak.com has reasonable grounds to believe that a User is in breach of any Terms, aseztak.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by aseztak.com in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as aseztak.com may deem necessary or appropriate in its sole discretion.
- aseztak.com 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. Further, aseztak.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
- Each User agrees to indemnify aseztak.com, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.
Transactions Between Users
- When a product is listed for sale on the Platform by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.
- For any Services, aseztak.com does not represent either the seller or the buyer in specific transactions. aseztak.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- Users agree that aseztak.com cannot and does not confirm each User's purported identity. aseztak.com encourage Users to exercise discretion and caution while dealing with various Users.
- Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify aseztak.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from aseztak.com site to avail of services related to the transaction of buy-sell conducted on the aseztak.com Platform.
- Under no circumstances shall aseztak.com be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights
- aseztak.com is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with aseztak.com or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by aseztak.com are hereby reserved.
- All legal notices or demands to or upon aseztak.com shall be made in writing and sent to aseztak.com personally, by courier, certified mail , Gurung Busty, Ganesh More, Siliguri, West Bengal: Legal Department. The notices shall be effective when they are received by aseztak.com in any of the above-mentioned manner.
- All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to email@example.com, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) aseztak.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon aseztak.com posting such notice on an area of the Platform that is publicly accessible without charge.
- Subject to any terms & conditions, the Terms constitute the entire agreement between User and aseztak.com with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- aseztak.com and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- aseztak.com's failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of aseztak.com's right to act with respect to subsequent or similar breaches.
- aseztak.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of aseztak.com). User may not assign, in whole or part, the Terms to any person or entity.