NEW TECH SWITCH GEAR USER AGREEMENT
PLEASE READ THE FOLLOWING USER AGREEMENT
CAREFULLY
The following demonstrates User Agreement (here-in-after referred to as an "Agreement")
between New Tech Switch Gear Online Private Limited (hereinafter referred to
as "NEW TECH SWITCH GEAR ") and the users of the Website ("You",
"Your", "User"/"Users"). Before you subscribe
to and/or begin participating in or using web site, NEW TECH SWITCH GEAR
believes that user(s) have fully read, understood and accept the Agreement.
If you do not agree to or wish to be bound by Agreement, you may not access
to or otherwise use the website.
USER AGREEMENT
Your use of a NEW TECH SWITCH GEAR website - www.New
Tech Switch Gear .com (hereinafter referred to as "the website")
and services available on a website is governed by the following terms and
conditions. This User Agreement for the website shall come into effect on
June 3, 2014.
AMENDMENT TO USER(S) AGREEMENT
NEW TECH SWITCH GEAR 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. You are advised to regularly check for any
amendments or updates to the terms and conditions contained in this User
Agreement. 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.
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 provided by NEW TECH SWITCH GEAR
. Our services are available only to those individuals or companies who can
form legally binding contracts under the applicable law i.e. Indian Contract
Act, 1872. As a minor if you wish to purchase or sell an item on the Website
such purchase or sale may be made by your legal guardian or parents who have
registered as users of the Website. NEW TECH SWITCH GEAR advises its users
that while accessing the website, they must follow/abide by the related
laws. NEW TECH SWITCH GEAR is not responsible for the possible consequences
caused by your behavior during use of website. NEW TECH SWITCH GEAR may, in
its sole discretion, reserve the right to terminate your membership and
refuse to provide you with access to the Website at any time.
If you are registering as a business entity, you represent that you are
duly authorized by the business entity to accept this User Agreement and you
have the authority to bind that business entity to this User Agreement.
ELECTRONIC COMMUNICATIONS
When You use the Website or send emails or other
data, information or communication to NEW TECH SWITCH GEAR , You agree and
understand that You are communicating with NEW TECH SWITCH GEAR through
electronic records and You consent to receive communications via electronic
records from NEW TECH SWITCH GEAR periodically and as and when required.
REGISTRATION AND YOUR ACCOUNT
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 website by giving desired information
(name, contact information, details of its business, etc.). NEW TECH SWITCH
GEAR 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. If you use the Website as Registered
User, you are responsible for maintaining the confidentiality of your User
ID and Password. You are responsible for maintaining the confidentiality of
your personal and non-personal information and for restricting access to
your computer, computer system and computer network, and you are responsible
for all activities that occur under your User ID and Password , email id and
cell number as the case may be. 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 NEW TECH SWITCH
GEAR during the registration process is true, accurate, current and
complete.
By becoming a Registered User, you consent to the inclusion of your
personal and non-personal data in our on-line database and authorize NEW
TECH SWITCH GEAR to share such information with other user(s). NEW TECH
SWITCH GEAR may refuse registration and deny the membership and associated
User ID and Password to any user for whatever reason. Website may suspend or
terminate a registered membership at any time without any prior notification
in interest of NEW TECH SWITCH GEAR or general interest of its
visitors/other members without giving any reason thereof. Despite my and
organization's contact number(s) are on Do Not Call Registry, I consent to
be contacted by NEW TECH SWITCH GEAR through phone calls, SMS notifications
or any other means of communication, in respect to the services provided by
NEW TECH SWITCH GEAR . You agree, inter alia, to: 1. Provide true, accurate,
current and complete information about yourself as prompted by NEW TECH
SWITCH GEAR 's registration form or provided by You 2. Maintain and promptly
update the personal and non-personal Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete or NEW TECH SWITCH GEAR has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the User Agreement, NEW TECH SWITCH
GEAR has the right to indefinitely suspend or terminate or block access of
your membership with the Website and refuse to provide you with access to
the Website.
USE OF THE WWW.NEW TECH SWITCH GEAR .COM
You understand and agree that NEW TECH SWITCH GEAR
and the Website merely provide hosting services to its Registered Users and
persons browsing/visiting the Website. All items advertised/listed and the
contents therein are advertised and listed by Registered Users and are third
party user generated contents. NEW TECH SWITCH GEAR has no control over the
third party user generated contents. Please note that in accordance with the
Information Technology (Intermediaries guidelines) Rules 2011 in case of
non-compliance with user agreement and privacy policy for access or usage of
intermediary computer resource, the Intermediary has the right to
immediately terminate the access or usage rights of the users to the
computer resource of Intermediary and remove non-compliant information.
You shall not host, display, upload, modify, publish, transmit, update
or share any information or share/list(s) any information or item that :
- Belongs to another person and to which You does not have any right
to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, 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;
- 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
items;
- 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,
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, defense, 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 us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; and
- Shall not link directly or indirectly to or include descriptions of
items, goods or services that are prohibited under the User Agreement or
any other applicable law for the time being in force including but not
limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic
Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal
Code, 1860, Information Technology Act 2000 as amended time to time and
rules there under. You shall at all times ensure full compliance with
the applicable provisions of the Information Technology Act, 2000 and
rules there under as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in
Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/
VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding your use of our services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions
of any applicable law including exchange control laws or regulations for
the time being in force. In particular you shall ensure that if any of
your items listed on the Website qualifies as an "Antiquity"
or "Art treasure" as defined in the Act ("Artwork"),
you shall indicate that such Artwork is "non-exportable" and
sold subject to the provisions of the Arts and Antiquities Act.
User(s) hereby grant an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) license to NEW
TECH SWITCH GEAR to display and use all information provided by them in
accordance with the purposes set forth in agreement and to exercise the
copyright, publicity, and database rights you have in such material or
information, in any form of media, third party copyrights, trademarks,
trade secret rights, patents and other personal or proprietary rights
affecting or relating to material or information displayed on the web
site, including but not limited to rights of personality and rights of
privacy, or affecting or relating to products that are offered or
displayed on the website. NEW TECH SWITCH GEAR will only use Your
Information in accordance with the User Agreement and NEW TECH SWITCH
GEAR Privacy Policy. You represent and confirm that you shall have
absolute right, title and authority to deal in and offer for sale such
items, goods or products. From time to time, you shall be responsible
for providing information relating to the items or services proposed to
be sold by you. In this connection, you undertake that all such
information shall be accurate in all respects. You shall not exaggerate
or over emphasize the item-specifics of such items or services so as to
mislead other Users in any manner.