These Terms of Use describe the terms and conditions applicable to your access and use of the
website
www.aseztak.in and its mobile application platform (each a 'Platform').
This
document is
a legally binding agreement between you as the user(s) of the Platform (referred to as
'you',
'your' or 'User' hereinafter).
Application and Acceptance of the Terms
- User’s use of the Platform and aseztak.in's services, software and products
(collectively the as
the
'Services' hereinafter) is subject to the terms and conditions
contained
in this
document as well as the Privacy Policy, The Product Listing Policy, IP Infringement
Policy and
any other
rules and policies of the Platform that aseztak.in may publish from time to time.
- 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.in
- You acknowledge and agree that aseztak.in 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.in
- You must register as a User on the Platform in order to access and use Services.
Further,
aseztak.in
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.in may impose in its
discretion.
Fees and Charges Payable by Seller
Seller will pay to aseztak.in, 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.in and communicated to the seller, from time to time.
The applicable Platform Fee shall be as communicated by aseztak.in to the seller(s), from
time to
time, via the
Platform or through such other mode of communication as may be determined by aseztak 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.
Users Generally
- 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.in 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).
- You must read aseztak's Privacy Policy which governs the protection and use of
personal
information
about Users of Platform. You accept the terms of the Privacy Policy and agree to the use
of the
personal
information about you in accordance with the Privacy Policy.
- aseztak.in 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.in 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.in's
feedback
system.
- By posting or displaying any information, content or material ('User Content') on the
Platform
or providing
any User Content to aseztak.in or our representative(s), you grant perpetual, worldwide,
royalty-free, and
sub-licensable license to aseztak.in 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.in
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.in 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;
- engages in commercial activities and/or sales without prior written
consent such
as
contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or
selling of
'virtual' products related to the Platform. Throughout this Terms of
Use,
aseztak.in's prior
written consent means a communication coming from aseztak.in's Legal
Department,
specifically in response to Your request, and specifically addressing
the
activity or
conduct for which You seek authorisation;
- 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;
- refers to any website or URL that, in sole discretion, contains material
that is
inappropriate for the Platform or any other website, contains content
that would
be
prohibited or violates the letter or spirit of these Terms of Use.
- 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.in or cause aseztak.in 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.in
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 Accounts
- User must be registered on the Platform to access or avail the Services. Except with
aseztak.in's approval,
one User may only register one account on the Platform. aseztak.in may cancel or
terminate a
User’s account
if aseztak.in has reasons to suspect that the User has concurrently registered or
controlled two
or more
accounts. Further, aseztak.in 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.
User’s Responsibilities
- 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.in'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.
Breaches
- aseztak.in 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.in
reasonably
believes is unlawful, violates the Terms, could subject aseztak.in or its affiliates to
liability, or is
otherwise found inappropriate in aseztak's opinion.
- If any User breaches any Terms, or if aseztak.in has reasonable grounds to believe that
a User
is in breach
of any Terms, aseztak.in 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.in 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.in may deem
necessary or
appropriate in
its sole discretion.
- aseztak.in 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.in 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.in , 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.in does not represent either the seller or the buyer in
specific
transactions.
aseztak.in 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.in cannot and does not confirm each User's purported identity.
aseztak.in 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.in (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.in site to avail of services related to the transaction of buy-sell conducted on
the
aseztak.in Platform.
Force Majeure
- Under no circumstances shall aseztak.in 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.in 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.in or licensors of the Platform Content, as the case may be.
All
rights not
otherwise claimed under the Terms or by aseztak.in are hereby reserved.
Notices
- All legal notices or demands to or upon aseztak.in shall be made in writing and sent to
aseztak.in
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.in 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 mail@aseztak.in, 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.in is able to demonstrate that communication, whether in physical or
electronic
form, has
been sent to such User, or b) immediately upon aseztak.in posting such notice on an area
of the
Platform
that is publicly accessible without charge.
General Provisions
- Subject to any terms & conditions, the Terms constitute the entire agreement between
User
and aseztak.in
with respect to and govern User’s use of the Platform and Services, superseding any
prior
written or oral
Terms & Conditionagreements in relation to the same subject matter herein.
- aseztak.in 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'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.in's right to act
with
respect to
subsequent or similar breaches.
- aseztak.in 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.in). User may not assign, in whole or part, the Terms to any person or entity.
