General
1. For the purpose of the User Agreement, Registered User / and wherever the
context so require 'You' shall mean any natural or legal person who has agreed
to become a member of the Website by providing Registration Data (as defined
hereinafter) while registering on the Website using the computer systems of the
Website and accepted this electronic version / electronic record of the User
Agreement and has allocated himself a unique identification user name ("User ID"
and "Password").
As a new Registered User, this User Agreement shall be effective and binding upon
your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking
on 'check box' and on the 'continue button' as provided on the registration
page. If you do not agree or are not willing to be bound by the terms and
conditions of this User Agreement, please do not click on the "check box" and on
the "Continue" button and do not seek to obtain access to or otherwise use the
Website.
2. You may not modify copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Website.
3. As a condition of your use of the “Websiteâ€, you pledge that you will not use
the site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in any manner which could
damage, disable, overburden, impair, or interfere with any other party's use and
enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Website. You agree, and are hereby put on notice, that you are
prohibited from posting or transmitting to or from this Website any unlawful,
threatening, libelous, defamatory, inflammatory, pornographic, or profane
material or any other material that could give rise to any civil or criminal
liability under law. You are solely responsible for the content of any comments
you make.
AMENDMENTS
Spartan Salvage PVT. LTD. or its affiliates may amend this User Agreement and/or
the Privacy Policy at any time by posting a revised version on the Website. All
updates and amendments shall be notified to You via Spartan Salvage PVT. LTD.
Website's Announcement Board (hereinafter referred to as an "AB Post"). The
revised version will be effective at the time Spartan Salvage PVT.LTD. or its
affiliates posts it on the Website / AB Post.You are advised to regularly check
for any amendments or updates to the terms and conditions contained in this User
Agreement and in the SpartanSalvage.com Privacy Policy.
MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Website. If you are a
minor i.e. under the age of 18 years, you shall not register as a member of the
Website. Spartan Salvage PVT. LTD. or its affiliates reserves the right to
terminate your membership and refuse to provide you with access to the Website
if it is brought to Spartan Salvage PVT. LTD. or its affiliates notice or if it
is discovered that you are under the age of 18 years.
BUSINESS ENTITY REGISTRATION
If you are registering as a business entity, you represent that you are duly
authorised by the business entity to accept this User Agreement and you have the
authority to bind that business entity to this User Agreement and Privacy
Policy.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If you use the Website, you are responsible for maintaining the confidentiality
of your User ID and Password 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. In addition, you agree to provide
true, accurate, current and complete information into the Website.
ELECTRONIC COMMUNICATION
When You use the Website, You agree and understand that You are communicating
with Spartan Salvage PVT. LTD. or its affiliates through electronic records and
You consent to receive communications via electronic records from Spartan
Salvage PVT. LTD. or its affiliates periodically and as and when required.
Spartan Salvage PVT. LTD. or its affiliates will communicate with You by email
or by an AB Post notice or electronic records on the SpartanSalvage.com Website
which will be deemed adequate service of notice / electronic record.
FEES AND SERVICES
Membership on the Website is available on the payment of prescribed fee
structure and meeting other conditions as described in the User Agreement. All
fees are non-refundable. Spartan Salvage PVT. LTD. or its affiliates may at its
sole discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event Spartan Salvage PVT. LTD. or
its affiliates reserves the right to introduce fees for the new services offered
or amend/introduce fees for existing services, as the case may be.
Non-payment: Spartan Salvage PVT. LTD. or its affiliates 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 by You to or its affiliates, Spartan Salvage PVT.
LTD. or its affiliates also reserves the right to take legal action in case of
non-payment of fees by You to Spartan Salvage PVT. LTD. or its affiliates.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR)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.
USE OF THE WEBSITE
You understand and agree that Spartan Salvage PVT. LTD. or its affiliates and the
Website merely provides services to its Registered Users.All items advertised /
listed and the contents therein are advertised and listed are third party user
generated contents. Spartan Salvage PVT. LTD. or its affiliates neither
initiates the transmission nor selects the sender and receiver of the
transmission nor selects nor modify the information contained in the
transmission. Spartan Salvage PVT. LTD. or its affiliates has no control over
the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly
governed by the following binding principles: "Your Information" is defined as
any information you provide on the Website. You are solely responsible for Your
Information, and we act only as a passive conduit for your online distribution
and publication of Your Information.
Your Information (or any items listed) :
* shall not be false, inaccurate or misleading;
* shall not be fraudulent or involve the sale of counterfeit or stolen items;
* shall not infringe any third party's intellectual property, trade secret or
other proprietary rights or rights of publicity or privacy;
* 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. Without prejudice to the generality of the above,
Spartan Salvage PVT. LTD. or its affiliates does not permit transactions in the
following items including but not limited to categories as stated in this
document.
* shall not contain any viruses, 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;
* 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
Solely to enable Spartan Salvage PVT. LTD. or its affiliates 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, and database rights
(but no other rights) you have in Your Information, in any media now known or
not currently known, with respect to Your Information. Spartan Salvage PVT. LTD.
or its affiliates will only use Your Information in accordance with this
Agreement. In the event that any transaction, attempted transaction or
information relating to any item, good or service which is in violation of this
User Agreement or applicable law comes to your knowledge, you shall take all
steps to inform Spartan Salvage PVT. LTD. or its affiliates of the same. You may
contact Spartan Salvage PVT. LTD. or its affiliates from Contact Us.
You shall comply with 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 Goods and Service Tax and any
other applicable laws) regarding your use of the Website. 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.
From time to time, you shall be responsible for providing information relating
to the items or services. 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 items or services so as to mislead other Users
in any manner.
You shall not attempt to or circumvent or manipulate our Fee structure, the
billing process or Fees owed to Spartan Salvage PVT. LTD. or its affiliates.
PLATFORM FOR COMMUNICATION
Spartan Salvage PVT. LTD. or its affiliates is not and cannot be a party to or
control in any manner any interaction between two Users of the Website or any
other third party. Consequently:
* Spartan Salvage PVT. LTD. or its affiliates does not make any representation
or Warranty as to the attributes (such as quality, worth, marketability, etc.)
of the items or services on the Website. Spartan Salvage PVT. LTD. or its
affiliates accepts no liability for any errors or omissions, whether on behalf
of itself or third parties.
* Spartan Salvage PVT. LTD. or its affiliates does not make any representation
or warranty as to the attributes (such as legal title, creditworthiness,
identity, etc.) of any information on the Website. You are advised to
independently verify the bona fides of any particular User that you choose to
deal with on the Website and use your best judgment in that behalf.
* Spartan Salvage PVT. LTD. or its affiliates 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 two parties. At
no time shall any right, title or interest over the items vest with Spartan
Salvage PVT. LTD. or its affiliates nor shall Spartan Salvage PVT. LTD. or its
affiliates have any obligations or liabilities in respect of such contract.
Spartan Salvage PVT. LTD. or its affiliates is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of items which are out of stock, back ordered or otherwise unavailable.
At no time shall any right, title or interest over the items vest with Spartan
Salvage PVT. LTD. or its affiliates nor shall Spartan Salvage PVT. LTD. or its
affiliates have any obligations or liabilities in respect of such contract.
Spartan Salvage PVT. LTD. or its affiliates is not responsible for
unsatisfactory or delayed performance of services or damages or delays.
BREACH
Without limiting other remedies, Spartan Salvage PVT. LTD. or its affiliates may
limit your activity, immediately temporarily/indefinitely suspend or terminate
your membership, and/or refuse to provide you with access to the Website in the
event, but not limited to:
* If you breach the User Agreement or the documents, agreements rules, policies,
terms and conditions these incorporate by reference;
* If Spartan Salvage PVT. LTD. or its affiliates is unable to verify or
authenticate any information you provide; or
* If it is believed that your actions may cause legal liability for you, other
Users or Spartan Salvage PVT. LTD. or its affiliates
* Spartan Salvage PVT. LTD. or its affiliates may at any time at its sole
discretion reinstate suspended Users. A User that has been indefinitely
suspended may not register or attempt to register with Spartan Salvage PVT. LTD.
or use the Website in any manner whatsoever until such time that such User is
reinstated by Spartan Salvage PVT. LTD. or its affiliates. Notwithstanding the
foregoing, if you breach the User Agreement or the documents it incorporates by
reference, Spartan Salvage PVT. LTD. or its affiliates reserves the right to
recover any amounts due and owing by you to Spartan Salvage PVT. LTD. or its
affiliates 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
Spartan Salvage PVT. LTD. or its affiliates and its suppliers, affiliates and
service providers provide the Website "as is" 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.
LIMITATION OF LIABILITY
In no event shall Spartan Salvage PVT. LTD. or its affiliates or its suppliers,
affiliates and service providers be liable for any direct, indirect, incidental,
special, incidental, consequential 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).
Spartan Salvage PVT. LTD. 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 or will be error free and/or
uninterrupted. Consequently, Spartan Salvage PVT. LTD. or its affiliates assumes
no liability whatsoever for any monetary or other damage suffered by you on
account of:
* The delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Website.
* Any interruption or errors in the operation of the Website. You expressly
understand and agree that Spartan Salvage PVT. LTD. or its affiliates. shall not
be liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Spartan Salvage PVT.
LTD. or its affiliates has been advised of the possibility of such damages).
* The content, accuracy and reliability of the material provided by the other
users or any other individual.
PROPRIETARY RIGHTS
The information contained in this Website including all images, illustrations,
designs, photographs, video clips, writings and other materials that appear
herein are copyrights, trademarks, trade dress or other intellectual property
owned, controlled, or licensed (all of which, collectively, “Contentsâ€) by the
Website or its subsidiaries and affiliates or are the property of their
respective owners. The name “SpartanSalvage.com †and its logos are trademarks
of the Website.
REPRESENTATIONS & WARRANTIES OF Spartan Salvage PVT. LTD. OR ITS AFFILIATES
The Website and/or its respective suppliers, affiliates, associates,
representatives make no representations about the suitability, reliability,
availability, timeliness and accuracy of the information, products and services
contained on the Website for any purpose. All such information, products
offered, services offered etc. are provided on an "as is where is" basis without
warranty of any kind. Website and/or its respective suppliers, associates,
affiliates hereby disclaim all warranties and conditions with regard to the
information, products, services, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title and
non-infringement. Nor do they guarantee that this information will be error free
or continuously available, or that the service will be free of viruses or other
harmful components. The information generated by the Website is believed to be
accurate, but the Website and its suppliers do not warrant or guarantee such
accuracy. The Website and its suppliers do not authorize the use of such
information for any purpose other than your personal use, and prohibit to the
maximum extent allowable the resale, redistribution, and use of this information
for commercial purposes. In no event shall the Website be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including without limitation, damages for loss of use arising out of
or in any way connected with the use or performance of the Website, with the
delay or inability to use the Website or related services, the provision or
failure to provide services, or for any information, products, services and
related graphics obtained through the Website, or otherwise arising out of the
use of the Website, whether based on contract, tort, negligence, strict
liability or otherwise, even if the Website or any of its suppliers/affiliates
has been advised of the possibility of damages. If you are dissatisfied with any
portion of the Website or with any of these terms of use, your sole and
exclusive remedy is to discontinue using the Website. The Website shall not be
responsible for, and does not guarantee the performance of, any goods or
services purchased through the Website
REPRESENTATIONS & WARRANTIES OF USER
You shall not upload from, post or transmit or distribute or otherwise publish
through the Site any materials which: restrict any other user from using the
Site and /or are unlawful, threatening, abusive, defamatory, vulgar, offensive,
pornographic, or indecent and /or constitute or contain false or misleading
indications of origin or statements of fact. You further represents and warrants
MXC or its affiliates that all the information provided by you about yourself
are true and accurate; and you shall be responsible for all actions taken by you
or by any other individual through your ID to whom you have given authorization
to use.
COPYRIGHT AND TRADEMARKS
Unless otherwise stated, copyright and all intellectual property rights in all
material presented on the site including but not limited to text, graphics,
button icons, images, audio clips, digital downloads, data compilations, and
software, trademarks and logos appearing on the site are the property of the
Spartan Salvage PVT. LTD., its parent, affiliates and associates and are
protected under applicable Indian and international laws. You agree not to use
any trademark or logo or other proprietary information of the Spartan Salvage
PVT. LTD.
COMMUNICATION
You agree that Spartan Salvage PVT. LTD. or its affiliates can and may
communicate with you via phone calls, SMS, E-Mails and/or any other method &
Spartan Salvage PVT. LTD. or its affiliates will not be liable to you and/or any
other authority for such an act. If your number is registered with any Do Not
Call (DNC) and/or Do Not Disturb (DND) service you hereby authorize Spartan
Salvage PVT. LTD. or its affiliates to communicate with you via telephone calls,
SMS, E-Mails and/or any other method and You will not in any case hold Spartan
Salvage PVT. LTD. or its affiliates liable for any communication in this regard.
INDEMNITY
You shall indemnify and hold harmless Spartan Salvage PVT. LTD. and (as
applicable) Spartan Salvage PVT. LTD. parent, subsidiaries, affiliates,
third-parties and their respective officers, directors, agents, employees,
suppliers, service partners, agents and consultants 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 this Agreement, or the documents
they incorporates by reference, or your violation of any law, rules or
regulations or the rights of a third party.
STORING OF USERS AND CUSTOMERS DETAILS
By using this website, you hereby legally authorised SpartanSalvage.com or its
affiliates under the applicable laws/acts, to store details of PAN card, Aadhar
card, Passport, Driving Licence and any other documents/ information relating
KYC.
RELATIONSHIP, NOTICE AND SEVERABILITY
None of the provisions of the User Agreement shall be deemed to constitute a
partnership or agency between you and Spartan Salvage PVT. LTD. or its
affiliates and you shall have no authority to bind Spartan Salvage PVT. LTD. or
its affiliates in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by registered
postal mail on behalf of Spartan Salvage PVT. LTD. Janakpuri West Delhi (in the
case of Spartan Salvage Pvt. Ltd. or its affiliates) or to the email address you
provide to us during the registration process (in your case). Notice shall be
deemed given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you notice by
certified mail, postage prepaid and return receipt requested, to the address
provided to us during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
If any clause of the 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 User Agreement.
ARBITRATION
If any dispute arises between you and Spartan Salvage PVT. LTD. or its
affiliates during your use of the Website or thereafter, in connection with the
validity, interpretation, implementation or alleged breach of any provision of
the User Agreement and Seller Terms and Conditions or the documents they
incorporates by reference, the dispute shall be referred to a sole Arbitrator
who shall be an independent and neutral third party identified by Spartan
Salvage PVT. LTD. or its affiliates. The place of arbitration shall be Delhi.
The Arbitration & Conciliation Act, 1996, shall govern the arbitration
proceedings. The arbitration proceedings shall be in the English language and
each party shall pay their own costs.
GOVERNING LAW
The User Agreement Terms and Conditions or the documents they incorporates by
reference shall be governed and construed in accordance with the laws of India.
ENTIRE AGREEMENT
Unless otherwise specified herein, the Agreement constitutes the entire agreement
between the User and the Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
User and the Website. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.