Terms of Use(Machinery Dukaan)
Terms of Service
This Terms of Service Agreement (the “Agreement”) governs Your use of Machinery Dukaan.com (the “Site”) and any services made available to You on or through this Site (the “Services”) which is owned and operated by Machinery Dukaan (hereinafter, “Machinery Dukaan”, “Machinery Dukaan”, “We”, “Us” or “Our”). For purposes of this Agreement, “You” or “User” means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another business entity), then “You” or “User” means Your company (or such other entity), its officers, members, agents, successors and assigns. If you are registering as a business entity or as a seller, you represent that you have the authority to bind the entity to these Terms & Conditions By using the Site you agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein.
Scope of the Agreement
Our services are available only to, and may only be used by individuals who are over 18 years of age and can form legally binding contracts under applicable law. Our seller services are not available to, and may not be used by persons who are not citizens of India. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the court at Delhi.
Basic Terms
You agree and undertake to use the Website and the Service in accordance with this Agreement and all applicable laws or regulations in force in or outside India. By way of example, and not as a limitation, you agree and undertake that when using the Services, you will not:
provide false, inaccurate or misleading information or be involved in the sale of fraudulent, counterfeit or stoles items;
defame, abuse, harass, threaten, impersonate or in any way violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material, product or information;
infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
misrepresent your affiliation with any entity, brand or trademarks, through for example, the use of similar email address, graphics, nicknames, or creation of false account(s) or any other method or device
upload or distribute files that contain viruses, Trojan horses, worms, or cause in other way any impairment, interruption or damage to the efficient operation of the Site or another’s computer;
surreptitiously expropriate any system, intercept or access without authority any data or personal information;
use any personal information availed by you in normal course for any promotions, surveys, contests or schemes unless expressly authorised by the owner of the information. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from Machinery Dukaan without the prior expressed written permission of Machinery Dukaan and the appropriate third party, as applicable.
Link directly or directly to any external websites that to the user’s knowledge violate these terms or applicable laws.
Buying
Machinery Dukaan hereby disclaims any responsibility or guarantees of exactness as to the quality, safety or legality of any products, services or information (“Products”) as ordered or purchased by the user. The Products purchased or obtained by the user through the Website are the sole responsibility of the seller. The User acknowledges this risk and agrees to indemnify and hold Machinery Dukaan harmless from any claim or demand, including reasonable legal fees arising out of the services or product not meeting the descriptions or user expectations.
By ordering or purchasing any Products the User agrees to be bound by the Conditions of Sale including but not limited to pricing, description and policies related to shipping, returns, replacements and refunds as described or referenced in the Products description and site-wide Cancellation and Return Policy provided those policies are not in contradiction of this Agreement or otherwise unlawful.
Purchases are retractable only when explicitly allowed by the seller in the conditions of sale or when the seller materially changes the product description after a sale has been made or the seller defaults in any way with the product listed or with the delivery of the product.
The images & video of the product on the product pages are just to demonstrate the functionality of the product & the actual product might vary in Colour, Size or Shape as per manufacturing in some cases. Though that doesn't change the functionality of those products & the products are meant to do the work with the same efficiency.For further details our technical team can be contacted on Machinerydukaan@gmail.com
User Account and Security
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision of this Agreement.
Logistics
Machinery Dukaan uses third party logistic services for shipping & handling products, therefore Machinery Dukaan is not, in any way legally responsible for the delay or damage in/during the delivery or the mis-behaviour or mis-conduct of courier person/branch during the process. We however still follow our returns/refund policy in case such events occur. Machinery Dukaan in all cases gives priority to customer satisfaction & such events, if any, should be reported to us so that our team can resolve matters or take actions against such behaviour on any such occasion.
Privacy Policy
The User hereby consents, and agrees that he has read and fully understands the Privacy Policy of the Site which forms a part of this agreement. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
User Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Machinery Dukaan.
Disclaimer Of Warranties/Limitation Of Liability
Machinery Dukaan neither warrants nor makes any representations regarding the quality, accuracy, continuous availability or completeness of any Data, Information, Product or Service. Machinery Dukaan is not liable for any information provided by its members.
In no event shall Machinery Dukaan be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Site or Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or Services.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
All the warranties are on behalf of Dealer/Manufacturer of the product.
General
The headings and subheadings in this document are intended for convenience and easy reference and are not intended to define or limit the scope or extent of the Agreement in any manner. “Acceptance” of the Agreement as described above will include all the terms and provisions set out here in totality.
This Agreement will prevail over any conditions of sale imposed by a seller.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
We reserve the right to alter these terms at any time; any material changes arising out of alteration will be notified to you via email with notices in accordance with applicable laws.
Severability
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Termination
You can cancel this contract by writing to
Machinery Dukaan,
3rd floor, C-2/108
Janak Puri, 110058
New Delhi
India
Machinery Dukaan may suspend or terminate your use of the Servicer without notice if it believes, in its sole and absolute discretion that you have breached a term of this Agreement. If you or Machinery Dukaan terminates your use of the Site or any Service, Machinery Dukaan may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so.
