Terms and Conditions
This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Website User Agreement Your use of www.istreetbazaar.com or any other website as notified from time to time, and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("Website User Agreement"). This Website User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website or otherwise. In this Website User Agreement, you are contracting with iStreet Network Limited, a company incorporated under Companies Act, 1956 with registered office at 513, Palmspring, Link Road, Malad West, Mumbai 400064 Maharashtra (India), hereinafter referred to as "the company" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
As a Registered Website User, this Website User Agreement shall be effective and binding upon your using or accessing the Website through logging in by Website User ID and password. If you do not agree or are not willing to be bound by the terms and conditions of this Website User Agreement, please do not seek to obtain access to or otherwise use the Website click on the "check box" and on the "continue" button or any other button.
Amendments to the Website User Agreement: The company may amend this Website User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time it is posted by the company on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Website User Agreement.
Important Disclaimers: The following disclaimers by the company are the key to determine any relationship between You and the company for Your use of the Website and for any services on the Website:
The company and its affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
The company and its affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this Website User Agreement.
Electronic Communications When You use the Website or send emails or other data, information or communication to the company, You agree and understand that You are communicating with the Website and Platform and all other Registered Website Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website and all other Registered Website Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID will be construed as Your 'designated electronic address' and the company, Website, other Registered Website Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this Website User Agreement, You also accept and agree to be bound by various policies of the company as provided from time to time in various hyperlinks on the Website.
Membership Eligibility The website can be used by you only if you have been approved as Network Partner, you have signed the necessary agreement and paid the all the necessary fees and dues including set up fee, license fee and all such dues as required by the company. The company reserves the right to terminate your membership and refuse to provide you with access to the Website.
Your Account and Registration ObligationsIf you use the Website as Registered Website User, you are responsible for maintaining the confidentiality of your Website User ID and Password. You are responsible for all activities that occur under your Website User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form.
Fee and Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Non-payment: The company / website reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Fees. The company also reserves the right to take legal action in case of non-payment of Platform Fees.
Use of the Website
i. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
ii. You are solely responsible for Your Information, and the company and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:(i) belongs to another person and to which You does not have any right to;(ii) 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;(iv) harm minors in any way;(v) 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;(vi) violates any law for the time being in force;(vii ) deceives or misleads the addressee/ Website Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;(viii) impersonate another person;(ix) 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;(x) 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.(xi) shall not be false, inaccurate or misleading;(xii) 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.(xiii) shall not create liability for The company or cause The company to lose or disrupt (in whole or in part) the services of our service providers or other suppliers; and.(xiv) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Website 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. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Website User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the Website Users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the company against You either in this Website User Agreement or any policy contained herein, in any applicable law or under torts
iii. 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 laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items 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. 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, and shall ensure that it is not delivered to any buyer at any place outside India.
iv. The company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, the company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. The company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Payment Facility The Website may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between You and the company. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Breach Without limiting other rights and remedies, the company may limit your activity, immediately remove your information, warn other Website Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
1. If you breach the Website User Agreement or any terms or policies of the Website and the company;
2. if your actions may cause legal liability for you, other Website Users or the company.
The company may at any time at its sole discretion reinstate suspended Website Users. The company reserves the right to recover any amounts due and owing by you to the company and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
No Warranty and Disclaimers The company and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
The company, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
Limitation of Liability In no event shall the company or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
In addition to any limitation of liability and various disclaimers provided elsewhere in this Website User Agreement or on the website, the company's entire liability and Your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price.
Other than the aforesaid, the company shall have no liability to You.
Indemnity You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Website User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
General None of the provisions of the Website User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind the company in any manner whatsoever nor shall the company have any authority to bind you in any manner whatsoever. All the services provided by the company shall be as independent contractor and on principal to principal basis.
If any clause of the Website User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Website User Agreement.
This Agreement sets forth the entire understanding and agreement between You and the company with respect to the subject matter hereof.
In the company’s sole discretion, the company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, the company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
Governing Law This Website User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with the company shall be governed and construed in accordance with the laws of India.
Arbitration If any dispute arises between You and the company / website during Your use of the Website or Your dealing with the company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Website User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.