Terms & Condition
The Platform is
owned by Mytab Private Limited a company incorporated under the
Companies Act, 1956 with its registered office Mcf 931 sanjay colony sector 23
faridabad Haryana - 121005, India (hereinafter referred to as "Machine
yantra ").
This document
is published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access or usage of
domain name [www.Machineyantra.com][www.machineyantra.com] (“Website”),
including the related mobile site and mobile application (hereinafter referred
to as “Platform”)
Machine yantra
Terms of Use
This document
is an electronic record in terms of Information Technology Act, 2000 and rules
there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require
any physical or digital signatures.
Your use of the
Platform and services and tools are governed by the following terms and
conditions ("Terms of Use") as applicable to the Platform including
the applicable policies which are incorporated herein by way of reference. If
You transact on the Platform, You shall be subject to the policies that are
applicable to the Platform for such transaction. By mere use of the Platform,
You shall be contracting with Machine yantra Mytab Private Limited and
these terms and conditions including the policies constitute Your binding
obligations, with Machine yantra .
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 buyer on the Platform by providing Registration Data while registering
on the Platform as Registered User using the computer systems. Machine yantra
allows the User to surf the Platform or making purchases without
registering on the Platform. The term "We", "Us",
"Our" shall mean Machine yantra .
When You use
any of the services provided by Us through the Platform, including but not
limited to, (e.g. Product Reviews, Machine yantra Reviews), You will be
subject to the rules, guidelines, policies, terms, and conditions applicable to
such service, and they shall be deemed to be incorporated into this Terms of
Use and shall be considered as part and parcel of this Terms of Use. We reserve
the right, at Our sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time without any prior written notice to You. It is
Your responsibility to review these Terms of Use periodically for updates /
changes. Your continued use of the Platform following the posting of changes
will mean that You accept and agree to the revisions. As long as You comply
with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, You also accept and agree to be bound by Machine yantra Policies
((including but not limited to Privacy Policy available at Privacy) as amended
from time to time.
Your Account
and Registration Obligations
If You use the
Platform, You shall be responsible for maintaining the confidentiality of your
Display Name and Password and You shall be responsible for all activities that
occur under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Platform and refuse to provide You with access to the
Platform.
Your mobile
phone number and/or e-mail address is treated as Your primary identifier on the
Platform. It is your responsibility to ensure that Your mobile phone number and
your email address is up to date on the Platform at all times. You agree to
notify Us promptly if your mobile phone number or e-mail address changes by
updating the same on the Platform through a onetime password verification.
You agree that
Machine yantra shall not be liable or responsible for the activities or
consequences of use or misuse of any information that occurs under your Account
in cases, including, where You have failed to update Your revised mobile phone
number and/or e-mail address on the Website Platform.
If You share or
allow others to have access to Your account on the Platform (“Account”), by
creating separate profiles under Your Account, or otherwise, they will be able
to view and access Your Account information. You shall be solely liable and
responsible for all the activities undertaken under Your Account, and any
consequences therefrom.
Communications
When You use
the Platform or send emails or other data, information or communication to us,
You agree and understand that You are communicating with Us through electronic
records and You consent to receive communications via electronic records from
Us periodically and as and when required. We may communicate with you by email
or by such other mode of communication, electronic or otherwise.
Platform for
Transaction and Communication
The Platform is
a platform that Users utilize to meet and interact with one another for their
transactions. Machine yantra is not and cannot be a party to or control
in any manner any transaction between the Platform's Users.
Henceforward:
All
commercial/contractual terms are offered by and agreed to between Buyers and
Brands / manufacturer alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. Machine yantra
does not have any control or does not determine or advise or in any way
involve itself in the offering or acceptance of such commercial/contractual
terms between the Buyers and Brands / company. All discounts, offers (including
exchange offers) are by the Brand and not by Machine yantra .
Placement of
order by a Buyer with Machine yantra on the Platform is an offer to buy
the product(s) in the order by the Buyer to the Machine yantra and it
shall not be construed as Machine yantra acceptance of Buyer's offer to
buy the product(s) ordered. The Machine yantra retains the right to
cancel any such order placed by the Buyer, at its sole discretion and the Buyer
shall be intimated of the same by way of an email/SMS. Any transaction price
paid by Buyer in case of such cancellation by Machine yantra shall
be refunded to the Buyer. Further, the Machine yantra may cancel an order
wherein the quantities exceed the typical individual consumption. This
applies both to
the number of products ordered within a single order and the placing of several
orders for the same product where the individual orders comprise a quantity
that exceeds the typical individual consumption. What comprises a typical
individual's consumption quantity limit shall be based on various factors and
at the sole discretion of the Machine yantra and may vary from individual
to individual.
Machine yantra
does not make any representation or Warranty as to specifics (such as
quality, value, salability, etc) of the products or services proposed to be
sold or offered to be sold or purchased on the Platform. Machine yantra
does not implicitly or explicitly support or endorse the sale or purchase
of any products or services on the Platform. Machine yantra accepts no
liability for any errors or comissions, whether on behalf of itself or third
parties.
Machine yantra
is not responsible for any non-performance or breach of any contract
entered into between Buyers and Company / brands/ products. Machine yantra
cannot and does not guarantee that the concerned Buyers and/or Company /
brands/ products will perform any transaction concluded on the Platform.
Machine yantra shall not and is not required to mediate or resolve any
dispute or disagreement between Buyers and Company / brands/ products.
Machine yantra
does not make any representation or warranty as to the item-specifics
(such as legal title, creditworthiness, identity, etc) of any of its Users. You
are advised to independently verify the bona fides of any particular User that
You choose to deal with on the Platform and use Your best judgment in that
behalf.
Machine yantra
does not at any point of time during any transaction between Buyer and
Machine yantra on the Platform come into or take possession of any of the
products or services offered by Machine yantra nor does it at any point
gain title to or have any rights or claims over the products or services
offered by Machine yantra to Buyer.
At no time
shall Machine yantra hold any right, title or interest over the products
nor shall Machine yantra have any obligations or liabilities in respect
of such contract entered into between Buyers and Company / brands/ products.
Machine yantra is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are
out of stock, unavailable or back ordered.
The Platform is
only a platform that can be utilized by Users to reach a larger base to buy and
sell products or services. Machine yantra is only providing a platform
for communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Machine
yantra and the Buyer .Machine yantra , currently, does not facilitate
business to business transaction between Company / brands/ products and
business customers. You are advised to refrain from transacting on the Platform
if You intend to avail the benefits of input tax credit.
At no time
shall Machine yantra hold any right, title or interest over the products
nor shall Machine yantra have any obligations or liabilities in respect
of such contract.
Machine yantra
is not responsible for unsatisfactory or delayed performance of services
or damages or delays as a result of products which are out of stock,
unavailable or back ordered.
You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the Machine yantra that You transact with.
Disclaimer:
Pricing on any product(s) as is reflected on the Platform may due to some
technical issue, typographical error or product information published by
Machine yantra may be incorrectly reflected and in such an event Machine
yantra may cancel such your order(s).
You release and
indemnify Machine yantra and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the Users of the Platform and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts
in that behalf, Machine yantra cannot take responsibility or control the
information provided by other Users which is made available on the Platform.
You may find other User's information to be offensive, harmful, inconsistent,
inaccurate, or deceptive. Please use caution and practice safe trading when
using the Platform.
Please note
that there could be risks in dealing with underage persons or people acting
under false pretence.
Charges
Membership on
the Platform is free for buyers. Machine yantra does not charge any fee
for browsing and buying on the Platform. Machine yantra reserves the
right to change its Fee Policy from time to time. In particular, Machine yantra
may at its sole discretion introduce new services and modify some or all
of the existing services offered on the Platform. In such an event Machine
yantra 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 Platform and such changes shall
automatically become effective immediately after they are posted on the
Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to Machine yantra ..
Use of the
Platform
You agree,
undertake and confirm that Your use of Platform shall be strictly governed by
the following binding principles:
You shall not
host, display, upload, modify, publish, transmit, update or share any
information which:
(a) belongs to
another person and to which You does not have any right to;
(b) 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;
(c) is
misleading in any way;
(d) 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;
(e) harasses or
advocates harassment of another person;
(f) involves
the transmission of "junk mail", "chain letters", or unsolicited
mass mailing or "spamming";
(g) promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
(h) 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];
(i) promotes an
illegal or unauthorized copy of another person's copyrighted work (see
"Copyright complaint" below for instructions on how to lodge a
complaint about uploaded copyrighted material), 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;
(j) contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains
video, photographs, or images of another person (with a minor or an adult).
(n) 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;
(o) engages in
commercial activities and/or sales without Our 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, Machine yantra 's prior written consent means a communication
coming from Machine yantra 's Legal Department, specifically in response to
Your request, and specifically addressing the activity or conduct for which You
seek authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal;
(q) interferes
with another USER's use and enjoyment of the Platform or any other individual's
User and enjoyment of similar services;
(r) refers to
any Platform or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other Platform, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors
in any way;
(t) 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;
(u) violates
any law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate
another person;
(x) 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, cancelbots, 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;
(y) 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.
(z) shall not
be false, inaccurate or misleading;
(aa) 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.
(ab) 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
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. We reserve Our right to bar any such activity.
You shall not
attempt to gain unauthorized 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.
You 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. You may not reverse look-up,
trace or seek to trace any information on any other User of or visitor to
Platform, or any other customer, including any account on the Platform not
owned by You, 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 Your own information, as
provided for by the Platform.
You shall not
make any negative, denigrating or defamatory statement(s) or comment(s) about
Us or the brand name or domain name used by Us including the terms Machine
yantra , . Machine yantra .com, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Machine yantra or company
/ brands/ products on platform or otherwise tarnish or dilute any Machine
yantra 's trade or service marks, trade name and/or goodwill associated with
such trade or service marks, trade name as may be owned or used by us. You
agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Platform or Machine
yantra 's systems or networks, or any systems or networks connected to Machine
yantra .
You agree not
to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Platform or any transaction being conducted on
the Platform, or with any other person's use of the Platform.
You may not
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal You send to Us on or through the Platform
or any service offered on or through the Platform. You may not pretend that You
are, or that You represent, someone else, or impersonate any other individual
or entity.
You may not use
the Platform or any content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of Machine yantra and / or
others.
You shall at
all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder 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 service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or 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.
Solely to
enable Us to use the information You supply Us with, so that we are not
violating any rights You might have in Your Information, You agree to grant Us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Platform.
From time to
time, You shall be responsible for providing information relating to the
products 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 attributes of such products or
services so as to mislead other Users in any manner.
You shall not
engage in advertising to, or solicitation of, other Users of the Platform to
buy or sell any products or services, including, but not limited to, products
or services related to that being displayed on the Platform or related to us.
You may not transmit any chain letters or unsolicited commercial or junk email
to other Users via the Platform. It shall be a violation of these Terms of Use
to use any information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Platform) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the
right, but has no obligation, to monitor the materials posted on the Platform.
Machine yantra 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 OF THE MATERIALS YOU POST ON THE
PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content
posted does not necessarily reflect Machine yantra views. In no event
shall Machine yantra assume or have any responsibility or liability for
any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Platform, including payment and delivery of related
products or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You and such
advertiser. We shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Platform.
It is possible
that other users (including unauthorized users or "hackers") may post
or transmit offensive or obscene materials on the Platform and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Platform, and that the recipient may use such information to harass or
injure You. We does not approve of such unauthorized uses, but by using the
Platform You acknowledge and agree that We are not responsible for the use of
any personal information that You publicly disclose or share with others on the
Platform. Please carefully select the type of information that You publicly
disclose or share with others on the Platform.
Machine yantra
shall have all the rights to take necessary action and claim damages that
may occur due to your involvement/participation in any way on your own or
through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
If you choose
to browse or transact on the Platform using the voice command-based shopping
feature, you
acknowledge that Machine yantra and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Machine yantra ’s and/or
its affiliates’ products and services. Machine yantra ’s and/or its affiliates’
use of your voice data will be in accordance with the Machine yantra
Privacy Policy. You accept that your use of this feature is restricted to
the territory of the Republic of India. This feature may not be accessible on
certain devices and requires an internet connection. Machine yantra
reserves the right to change, enhance, suspend, or discontinue this
feature, or any part of it, at any time without notice to you. Your continued
use of this feature constitutes your acceptance of the terms related to this
feature.
You acknowledge
and agree that Hindi translation feature is made available on the Website on a
reasonable effort basis for convenience only, without any representation or
warranties by Machine yantra , express or implied, including it being error
free, its accuracy, completeness or reliability. Machine yantra expressly
disclaims any liability of any nature whatsoever arising from or related to the
said Hindi translation feature. Some features and sections on the Website may
not be translated in Hindi language, and the English version of the same will
be the definitive version. In the event of any conflict or inconsistency
between the translated terms and the English version available on the Website,
the English version on the Website shall prevail. This feature may not be
accessible on certain devices. Machine yantra reserves the right to
change, enhance, suspend, or discontinue this feature, or any part of it, at
any time without notice to You.
Contents Posted
on Platform
All text,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music and artwork (collectively, "Content"), is a third party
user generated content and Machine yantra has no control over such third
party user generated content as Machine yantra is merely an intermediary
for the purposes of this Terms of Use.
Except as
expressly provided in these Terms of Use, no part of the Platform and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Platform or
other medium for publication or distribution or for any commercial enterprise,
without Machine yantra 's express prior written consent.
You may use
information on the products and services purposely made available on the
Platform for downloading, provided that You (1) do not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) do not make any
additional representations or warranties relating to such documents.
You shall be
responsible for any notes, messages, emails, billboard postings, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other
materials or information posted or transmitted to the Platform (collectively,
"Content"). Such Content will become Our property and You grant Us
the worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and
in any media whether now known or hereafter devised, including the creation of
derivative works that may include the Content You provide. You agree that any
Content You post may be used by us, consistent with Our Privacy Policy and
Rules of Conduct on Site as mentioned herein, and You are not entitled to any
payment or other compensation for such use.
SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE
VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY
NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS
ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS
TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view
protection of Your privacy as a very important principle. We understand clearly
that You and Your Personal Information is one of Our most important assets. We
store and process Your Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act 2000 and Rules there under .Our current Privacy Policy is
available at Privacy. Our current Privacy Policy is available at Privacy. f You
object to Your Information being transferred or used in this way please do not
use Platform. If You object to Your Information being transferred or used in
this way please do not use Platform.
We may share
personal information with our other corporate entities and affiliates. These
entities and affiliates may market to you as a result of such sharing unless
you explicitly opt-out.
We may disclose
personal information to third parties. This disclosure may be required for us
to provide you access to our Services, to comply with our legal obligations, to
enforce our User Agreement, to facilitate our marketing and advertising
activities, or to prevent, detect, mitigate, and investigate fraudulent or
illegal activities related to our Services. We do not disclose your personal
information to third parties for their marketing and advertising purposes
without your explicit consent.
We may disclose
personal information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court
orders, or other legal process. We may disclose personal information to law
enforcement offices, third party rights owners, or others in the good faith
belief that such disclosure is reasonably necessary to: enforce our Terms or
Privacy Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights, property
or personal safety of our users or the general public.
We and our
affiliates will share / sell some or all of your personal information with
another business entity should we (or our assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer of
Warranties and Liability
This Platform,
all the materials and 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, Machine yantra does
not warrant that:
This Platform
will be constantly available, or available at all; or
The information
on this Platform is complete, true, accurate or non-misleading.
Machine yantra
will not be liable to You in any way or in relation to the Contents of,
or use of, or otherwise in connection with, the Platform. Machine yantra
does not warrant that this site; information, Content, materials, product
(including software) or services included on or otherwise made available to You
through the Platform; their servers; or electronic communication sent from Us
are free of viruses or other harmful components.
Nothing on
Platform constitutes, or is meant to constitute, advice of any kind. All the
Products sold on Platform are governed by different state laws and if Machine
yantra is unable to deliver such Products due to implications of different
state laws, Machine yantra will return or will give credit for the amount
(if any) received in advance by Machine yantra from the sale of such
Product that could not be delivered to You.
You will be
required to enter a valid phone number while placing an order on the Platform.
By registering Your phone number with us, You consent to be contacted by Us via
phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Payment
While availing
any of the payment method/s available on the Platform, we will not be
responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
Lack of
authorization for any transaction/s, or
Exceeding the
preset limit mutually agreed by You and between "Bank/s", or
Any payment
issues arising out of the transaction, or
Decline of
transaction for any other reason/s
All payments
made against the purchases/services on Platform by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. Platform will not facilitate
transaction with respect to any other form of currency with respect to the
purchases made on Platform.
Before shipping
/ delivering your order to you, Machine yantra may request you to provide
supporting documents (including but not limited to Govt. issued ID and address
proof) to establish the ownership of the payment instrument used by you for
your purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
Further:
Transactions,
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite
contractual obligations between Buyer and Machine yantra and payment
facility is merely used by the Buyer and to facilitate the completion of
the Transaction. Use of the payment facility shall not render Machine yantra
liable or responsible for the non-delivery, non-receipt, non-payment,
damage, breach of representations and warranties, non-provision of after sales
or warranty services or fraud as regards the products and /or services listed
on Machine yantra 's Platform.
You have
specifically authorized Machine yantra or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with Machine yantra
is on a principal to principal basis and by accepting these Terms of Use
you agree that Machine yantra is an independent contractor for all
purposes, and does not have control of or liability for the products or
services that are listed on Machine yantra 's Platform that are paid for by
using the Payment Facility. Machine yantra does not guarantee the
identity of any User nor does it ensure that a Buyer or a Machine yantra
will complete a transaction.
You understand,
accept and agree that the payment facility provided by Machine yantra is
neither a banking nor financial service but is merely a facilitator providing an
electronic, automated online electronic payment, receiving payment through Cash
On Delivery, collection and remittance facility for the Transactions on the
Machine yantra Platform using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, Machine yantra is neither acting as trustees nor acting
in a fiduciary capacity with respect to the Transaction or the Transaction
Price.
Payment
Facility for Buyers:
You, as a
Buyer, understand that upon initiating a Transaction You are entering into a
legally binding and enforceable contract with the Machine yantra to
purchase the products and /or services from the Machine yantra using the
Payment Facility, and You shall pay the Transaction Price through Your Issuing
Bank to the Machine yantra using Payment Facility.
You, as a
Buyer, may agree with the Machine yantra through electronic communication
and electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and
Policies.
You, as a
Buyer, shall electronically notify Payment Facility using the appropriate
Machine yantra Platform features immediately upon Delivery or non
Delivery within the time period as provided in Policies. Non notification by
You of Delivery or non Delivery within the time period specified in the
Policies shall be construed as a deemed Delivery in respect of that
Transaction. In case of Cash On Delivery transactions, Buyer is not required to
confirm the receipt of products or services.
You, as a
Buyer, shall be entitled to claim a refund of the Transaction Price (as Your
sole and exclusive remedy) in case You do not receive the Delivery within the
time period agreed in the Transaction or within the time period as provided in
the Policies, whichever is earlier. In case you do not raise a refund claim
using Platform features within the stipulated time than this would make You
ineligible for a refund.
You, as a
Buyer, understand that the Payment Facility may not be available in full or in
part for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
Except for Cash
On Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received, or through any other method
available on the Platform, as chosen by You.
For Cash On
Delivery transactions, refunds, if any, will be made via electronic payment
transfers.
Refund shall be
made in Indian Rupees only and shall be equivalent to the Transaction Price
received in Indian Rupees.
For electronics
payments, refund shall be made through payment facility using NEFT / RTGS or any
other online banking / electronic funds transfer system approved by Reserve
Bank India (RBI).
Refunds may be
supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
Refund shall be
conditional and shall be with recourse available to Machine yantra in
case of any misuse by Buyer.
We may also
request you for additional documents for verification.
Refund shall be
subject to Buyer complying with Policies.
Machine yantra
reserves the right to impose limits on the number of Transactions or
Transaction Price which Machine yantra may receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure
or any other financial instrument directly or indirectly through payment
aggregator or through any such facility authorized by Reserve Bank of India to
provide enabling support facility for collection and remittance of payment or
by an individual Buyer during any time period, and reserves the right to refuse
to process Transactions exceeding such limit.
Machine yantra
reserves the right to refuse to process Transactions by Buyers with a
prior history of questionable charges including without limitation breach of
any agreements by Buyer with Machine yantra or breach/violation of any
law or any charges imposed by Issuing Bank or breach of any policy.
Machine yantra
may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash On Delivery transactions) Transaction Price from
the Buyer for security or other reasons at the discretion of Machine yantra .
As a result of such check if Machine yantra is not satisfied with the
creditability of the Buyer or genuineness of the Transaction or other reasons
at its sole discretion, Machine yantra shall have the right to reject the
receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of Machine
yantra .
Machine yantra
may delay notifying the payment confirmation i.e. informing Machine
yantra to Dispatch, if Machine yantra deems suspicious or for
Buyers conducting high transaction volumes to ensure safety of the Transaction
and Transaction Price. In addition, Machine yantra may hold Transaction
Price and Machine yantra may not inform Machine yantra to Dispatch or
remit Transaction Price to law enforcement officials (instead of refunding the
same to Buyer) at the request of law enforcement officials or in the event the
Buyer is engaged in any form of illegal activity.
The Buyer and
Machine yantra acknowledge that Machine yantra will not be liable
for any damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Machine yantra .
Compliance with
Laws:
As required by
applicable law, if the Customer makes a purchase of an amount equal to or above
INR 2 00 000.00, the Customer will be required to upload a scanned copy of
his/her PAN card on the Platform, within 4 days of making the purchase, failing
which, the purchase made by the Customer will be cancelled. The requirement to
submit the PAN card arises only once and if it has been submitted once by the
Customer, it need not be submitted again. The order of the Customer shall stand
cancelled if there is a discrepancy between the name of the Customer and the
name on the PAN Card.
Buyer and
Machine yantra shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign
Contribution Regulation Act, 1976 and the rules made there under, Income Tax
Act, 1961 and the rules made there under, Export Import Policy of government of
India) applicable to them respectively for using Payment Facility and Machine
yantra Platform.
Buyer's
arrangement with Issuing Bank:
All Valid
Credit / Debit/ Cash Card/ and other payment instruments are processed using a
Credit Card payment gateway or appropriate payment system infrastructure and
the same will also be governed by the terms and conditions agreed to between
the Buyer and the respective Issuing Bank and payment instrument issuing
company.
All Online Bank
Transfers from Valid Bank Accounts are processed using the gateway provided by
the respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are
also governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
Machine yantra
's Replacement Guarantee*
Machine yantra
's Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified company / brands/ products on the Platform. The return policy period
(Machine yantra 's Replacement Guarantee) depends on the product category and
the Machine yantra Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the Machine yantra
subject to the following terms and conditions
Notify Machine
yantra of any defects in the product/s at the time of delivery of the
product/s and/or within the applicable return policy period and the same
product/s will be replaced in return of the defective product/s.
Replacement can
be for the entire product/s or part/s of the product subject to availability of
the same with the Machine yantra .
Following
products shall not be eligible for return or replacement:
a. Damages due
to misuse of product;
b. Incidental
damage due to malfunctioning of product;
c. Any
consumable item which has been used/installed;
d. Products
with tampered or missing serial/UPC numbers;
e. Digital products/services
(Flyte music downloads)
f. Any
damage/defect which are not covered under the manufacturer's warranty
g. Any product
that is returned without all original packaging and accessories, including the
box, manufacturer's packaging if any, and all other items originally included
with the product/s delivered;
Original tags
and packaging should be intact. For items that come in branded packaging, the
box should be undamaged.
If Machine
yantra has any suspicion or knowledge that any of its buyers and company
/ brands/ products are involved in any activity that is intended to provide
claims or information that is false or not genuine, Machine yantra may
also, while reserving its rights to initiate civil and/or criminal proceedings
against such member buyers and company / brands/ products, at its sole
discretion, suspend, block, restrict, cancel the Display Name of such buyers
and company / brands/ products and/or disqualify that user and any related
users from availing protection through this program. Customers who have been
blocked for any suspicious or fraudulent activity on Machine yantra will
not be allowed to return their products.
Machine yantra
reserves its right to initiate civil and/or criminal proceedings against
a user who, files a invalid and/or false claims or provides false, incomplete,
or misleading information. In addition to the legal proceedings as aforesaid,
Machine yantra may at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such user and/or
disqualify that user and any related users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
Exchange
Offers:
By
participating in the exchange I confirm that I am the sole and absolute owner
and/or user of the product mentioned above (device).
I confirm that
device which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to
indemnity and keep indemnifying Machine yantra .com and any future buyer of the
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by
Machine yantra .com, its affiliates or any future buyer due to usage of the
device by you till date and you undertake to make good the same.
I confirm that
all the data in the said device will be erased before handing it over under buy
back program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
Machine yantra .com, Machine yantra or the Manufacturer shall not be
responsible for the same and I will not approach Machine yantra .com for any
retrieval of the data.
I hereby give
my consent that my personal information that I have provided in connection with
this buyback program might be processed, transferred and retained by the
retailer and other entities involved in managing the program for the purposes
of validating the information that I provided herein and for the administration
of the program.
I agree to
indemnity and keep indemnifying the Machine yantra .com and any future buyer of
the old device against all or any third party claims, demand, cost, expenses
including attorney fees which may be suffered, incurred, undergone and / or
sustained by Machine yantra .com, its affiliates or any future buyer due to
usage of the device by me till date and I undertake to make good the same.
I understand
once a device is sent by me to Machine yantra , in no scenario can this device
be returned back to me.
I understand
that the new device delivery and the old device pickup will happen
simultaneously (hand in hand) and I shall keep the old device ready to be given
for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
IN ANY DISPUTE
CASE ALL JUDICATIONS IN FARIDABAD COURT ONLY