PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USER AGREEMENT CAREFULLY
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of www. shop.numericups.com ("Website "), which promotes business between suppliers and buyers. The expressions “You” “Your” or “User” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between us and any other party.
You represent and warrant that you have the right to avail or use the services provided by NUMERIC, including but limited to the Web Site or any other services provided by NUMERIC in relation to the use of the Web Site ("Numeric’s Services"). NUMERIC’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. Use of Web Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. As such, natural persons below 18 years of age and business entities or organizations that are not authorised by law to operate in India or other countries are not authorised to avail or use NUMERIC’s Services. If you are a minor i.e. below 18 years of age, you may use this Web Site only with the involvement of a parent or guardian.
You agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. NUMERIC shall have no liability to You or anyone else for any content, information or any other material transmitted over NUMERIC’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with You. You shall do your own due diligence before entering into any transaction with user on the Web Site. NUMERIC at its sole discretion reserves the right to refuse NUMERIC’s Services to anyone at any time. NUMERIC’s Services are not available and may not be availed or used by user whose Accounts have been temporarily or indefinitely suspended by NUMERIC.
2. Intellectual Property Rights
The “intellectual property rights” referred to herein include but are not limited to patent, trademark, copyright, know-how, industrial design, trade secret and other intangible property right, the right to use, right of authorship, and right of inventorship to a patent application covered therein.
NUMERIC is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain with NUMERIC and its affiliates of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by NUMERIC, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information") is intended, solely to provide general information for your personal use., You fully accept any and all responsibility and liabilities arising from and out of the use of such Information. NUMERIC does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by You as a result of any Website Information.
Nothing contained in the Agreement shall to any extent be a substitute for your independent investigations and the sound technical and business judgment. You hereby acknowledge that any reliance upon the Information shall be at your sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. NUMERIC respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. NUMERIC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
"NUMERIC" and related icons and logos are registered trademarks or trademarks or service marks of NUMERIC in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.
All Web Site Content including Website Information is copyrighted to NUMERIC excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. You may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
NUMERIC encourages you to assist NUMERIC in identifying listings on the Web Site which in your knowledge or belief infringe any third-party rights. You further acknowledge and agree by taking down a listing, NUMERIC does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which NUMERIC declines to take down a listing, NUMERIC does not and cannot be deemed to be endorsing that the listing is not infringing of third-party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
NUMERIC respects the intellectual property rights of others, and we expect from you to do the same. You agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site ("Numeric Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with NUMERIC, or otherwise commercially exploiting the NUMERIC Content unless otherwise agreed between the parties. Systematic retrieval of NUMERIC Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from NUMERIC is prohibited.
In addition, use of the NUMERIC Content for any purpose not expressly permitted in this Agreement is prohibited and entitles NUMERIC to initiate appropriate legal action. You agree that as a condition of access to and use of NUMERIC's Services, you will not use NUMERIC’s Services to infringe the intellectual property rights of any third parties in any way. NUMERIC reserves the right to terminate your right to access or use NUMERIC’s Services for any infringement of the rights of third parties in conjunction with use of the NUMERIC’s Service, or in the event NUMERIC is of the belief that your conduct is prejudicial to the interests of NUMERIC, its affiliates, or other user(s), or for any other reason, at NUMERIC’s sole discretion, with or without cause.
Any representation or reproduction, in part or in whole, for purposes other than for your personal and private use in pursuit of a non-commercial aim, on any medium or using any process, is strictly prohibited without written permission from NUMERIC. Any breach of this copyright would thus constitute counterfeiting. You expressly undertake that your use of the Web Site will not in any way prejudice the rights of NUMERIC.
3. Agreement and Communication
This Agreement applies to any person who accesses or uses the Web Site or uses NUMERIC Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. You may use this Web Site and/or NUMERIC Services for their commercial/business purposes/individual purpose.
This Agreement applies to all services offered on the Web Site and by NUMERIC, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by You on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
When you visit NUMERIC, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Web Site or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Web Site and/or your order placed on the Web Site.
You agree, understand and acknowledge that the Web Site is an online platform that enables you to purchase products listed on the Web Site at the price indicated therein at any time from any location. You further agree and acknowledge that NUMERIC is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Web Site. Accordingly, the contract of sale of products on the Web Site shall be a strictly bipartite contract between buyers and the sellers on Web Site.
6. Warranties And Liability
Given the characteristics of the Internet network for the use of the Web Site, you declare you are well aware and you assume the risks arising, directly or indirectly, from the availability and transmission of the data through this network.
Although NUMERIC makes every effort to provide reliable content, and despite the care taken in its operation, some errors may be found in this Web Site. Under no circumstances can NUMERIC be held liable for direct or indirect damage resulting from accessing this Web Site or using the information contained therein (e.g.: errors, omissions, inaccessibility, data loss, damage, destruction or viruses liable to affect your IT equipment). Therefore, you are invited to make any necessary checks and inform us of any errors on the Web Site to enable us to update the Web Site.
NUMERIC shall not be in particular held liable for any viruses that might be present on the Web Site or any other malware (worms, Trojans, spyware…). In this regard, you undertake to take all necessary security measures. Therefore, you acknowledge using the Web Site under your own exclusive responsibility and you are invited to make any necessary checks. It is in particular your responsibility to set up or ensure the use of a personal secured computer network, as well as to ensure a correct technical configuration of the connection box connected to your Internet Service Provider and of other devices such as radio access equipment (WIFI, 4G…).
NUMERIC shall not be liable for any interruptions in the access to the Web Site. In addition, NUMERIC may, at its own discretion, either temporarily or indefinitely interrupt access to the Web Site. In order to ensure effectiveness and security of the services, we reserve the right to make changes at any time, without notice, to the technical characteristics of our services.
7. Hypertext links
8. Your Content on Web Site
Some content displayed on the Web Site is provided or posted by third parties. You can post your content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. You may need to register and/or pay for using or availing some of these services.
You understand and agree that NUMERIC in such case is not the author of the content and that neither NUMERIC nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. You further understand and agree that NUMERIC is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the Web Site and shall not be liable to you in connection with any damage suffered by you on account of your reliance on such content. NUMERIC shall not be liable for your activities on the Web Site and shall not be liable to any person in connection with any damage suffered by any person as a result of your conduct.
You solely represent, warrant and agree to:
(a) provide NUMERIC with true, accurate, current and complete information to be displayed on the Web Site.
(b) maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
You hereby grant NUMERIC an irrevocable, perpetual, and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by you in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights you have in such material or information, in any form of media, third-party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as "Third-party Rights").
You hereby represent, warrant and agree that you shall be solely responsible for ensuring that any material or information posted by you on the Web Site or provided to the Web Site or authorized by you for display on the Web Site, does not, and that the products represented thereby do not, violate any Third-party Rights, or is posted with the permission of the owner(s) of such Third-party Rights. You hereby represent, warrant, and agree that you have the right to manufacture, offer, sell, import and distribute, as the case may be, the products offered and displayed on the Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third-party Rights.
You agree that you will not use NUMERIC Content and/or NUMERIC’s Services to send junk mail, chain letters or spamming. Further, you agree that you will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. You further hereby represent, warrant and agree that you shall not host, display, upload, modify, publish, transmit, store, update, share, submit to NUMERIC for display on the Web Site or transmit or seek to transmit through NUMERIC’s Services any content, material or information which:
· Contains fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
· Belongs to another person and to which you do not have any right to;
· May be part of a scheme to defraud another of the Web Site or for any other unlawful purpose;
· May be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
· Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-party Rights;
· Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment;
· May be defamatory, abusive, libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, invasive of another’s privacy, including bodily privacy, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
· May be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· Contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
·Solicits business from any user(s) in connection with a commercial activity that competes with NUMERIC;
·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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
·Contains any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource.
·Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for NUMERIC or its affiliates.
NUMERIC reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in NUMERIC’s reasonable belief is unlawful or could subject NUMERIC to liability or is in violation of the Agreement or is otherwise found inappropriate in NUMERIC's opinion. NUMERIC reserves the right to cooperate fully with governmental authorities, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, NUMERIC reserves the right to suspend or terminate your e- Account as deemed appropriate by NUMERIC at its sole discretion. You agree that NUMERIC shall have no liability to any user(s), including liability in respect of consequential or any other damages, in the event NUMERIC takes any of the actions mentioned in this provision.
You understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by you which is displayed on the Web Site. NUMERIC has the right to promote any content including text, images, videos, brochures etc. provided by you on various platforms owned by the NUMERIC.
9. Limitation of Liability
The features and services on the Web Site are provided on an "as is" and "as available" basis, and NUMERIC hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. NUMERIC makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of tenders on the Web Site which in no manner is endorsed by NUMERIC. NUMERIC has no association of whatsoever nature with the publisher and/or the published contents. Moreover, NUMERIC does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment. NUMERIC makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at your sole discretion and risk and you are solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by You from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
You hereby further agree to indemnify and save NUMERIC, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third-party Rights claimants or other third parties relating to products offered or displayed on the Web Site. You hereby further agree that NUMERIC is not responsible and shall have no liability for any material posted by other user(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the user(s). NUMERIC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with NUMERIC in asserting any available defences.
NUMERIC shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
· The use or the inability to use the Web Site.
· Any defect in goods, samples, data, information or services purchased or obtained from you or a third-party service provider through the web site.
· Violation of Third-party Rights or claims or demands that you manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third-party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third-party Rights claimants.
· Unauthorized access by third parties to your data or private information.
· Statements or conduct of any user(s) of the website.
NUMERIC shall not be responsible for any information, content or material in respect of product posted, provided or displayed by you on the Web Site. Accordingly, while posting the content, you shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to NUMERIC in any manner whatsoever.
·All notices or demands to or upon NUMERIC shall be effective if in writing and shall be deemed to be duly made when sent to NUMERIC (Novateur Electrical & Digital Systems Private Limited) at its registered office at 61/62, 6th Floor, Kalpataru Square, Kondivita Road, Off Andheri- Kurla Road, Andheri (East), Mumbai- 400059, India.
· All notices or demands to or upon you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by you on the Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge.
· Notice to you shall be deemed to be received by you if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to you or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.
11. Our Details
This Web Site is operated by Fulcrum Digital Private Ltd.
For the NUMERIC website, you could contact us by visiting: www. shop.numericups.com
You can also contact us through email at: grievance.Officer@numericups.com
Toll Free Number: 1800 425 3266
12. Customer Complaint Details
The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.
·Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
·NUMERIC shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating NUMERIC’s Services to any person or entity
·If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
·All calls to NUMERIC are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from NUMERIC may be monitored and recorded.
Palani K is the designated Grievance Officer in respect of NUMERIC’s Services.
14. Rights And Obligations
NUMERIC grants to you a right to access and use the Web Site. The equipment and other physical facilities, in particular the telecommunications costs, necessary to access the Web Site are your exclusive responsibility.
Most content and some of the features on the Web Site are made available to you free of charge. However, NUMERIC reserves the right to terminate access to certain areas or features of the Web Site (to paying or registered user(s)) at any time without assigning any reason and with or without notice to you. NUMERIC also reserves the universal right to deny access to particular user(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of NUMERIC and/ or other user(s) of the Web Site. NUMERIC further reserves the right to limit, deny or create different access to the Web Site and its features with respect to different user(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to You.
NUMERIC reserves the right to terminate the membership/subscription of any user(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with NUMERIC is provided by you, or if you have engaged in fraudulent or illegal activities/transactions.
(b) If you breach any provisions of the Agreement.
(c) If you utilize the Web Site to send spam messages or repeatedly publish the same product information.
(d) If you post any material that is not related to trade or business cooperation.
(e) If you impersonate or unlawfully use another person’s or business entity’s name to post information or conduct business in any manner.
(f) If you are involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
(g) If you obtain by any means another registered username and/or Password.
(h) Or you involve in activity that may not be in accordance with the ethics and honest business practices.
If NUMERIC terminates the membership of any registered user(s) including those who have subscribed for the paid services of NUMERIC, such person will not have the right to re-enrol or join the Web Site under a new account or name unless invited to do so in writing by NUMERIC. In any case of termination, no subscription/membership fee/charges paid by the user(s) will be refunded. You acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on your business. You hereby agree that in no event shall NUMERIC be liable to you or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage arising from the use of or inability to use the Web Site or any of its features.
To become a registered User of the Web Site a proper procedure has been made available on the Web Site which is for your convenience so that you can easily use the Web Site. You can become registered user by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of your business, etc.). NUMERIC will establish an account ("Account") for the you for successful registration and will assign a user alias ("user ID") and password ("Password") for log-in access to your Account. NUMERIC may at its sole discretion assign to you upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. You will be responsible for the content of all the messages communicated through the account.
In case you are registering on the Web Site on behalf of business entities, you represent and warrant that: (a) you have the requisite authority to bind such business entities to this Agreement; (b) the address provided by you at the time of registration is the principal place of business of such business entities; and (c) all other information provided to NUMERIC during the registration process is true, accurate, current and complete. For purposes of this provision, your branch or representative office will not be considered a separate entity and your principal place of business will be deemed to be that of its head office.
You agree that by registering on the Web Site, you consent to the inclusion of your personal data in NUMERIC’s on-line database and authorize NUMERIC to share such information with others. NUMERIC may refuse registration and deny the membership and your associated ID and Password to you for whatever reason. NUMERIC may suspend or terminate a registered membership at any time without any prior notification in interest of NUMERIC or general interest of its user without assigning any reason thereof and there shall arise no further liability on NUMERIC of whatsoever nature due to the suspension or termination of your account.
You further agree and consent to be contacted by NUMERIC through phone calls, SMS notifications or any other means of communication, in respect to the services provided by NUMERIC even if contact number(s) provided to NUMERIC upon registration are on Do Not Call Registry.
We will do our utmost to ensure that availability of the Web Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Web Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
17. License for only Web Site access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, NUMERIC grants you a limited license to access and make personal use of this Web Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NUMERIC and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Web Site or any portion of this Web Site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of NUMERIC and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NUMERIC without express written consent. You may not use any meta tags or any other "hidden text" utilising NUMERIC's or its affiliates' names or trademarks without the express written consent of NUMERIC and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by and / or its affiliates, as applicable.
18. Reviews, comments, communications and other content
User of this Web Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In the event you use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content, NUMERIC reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of NUMERIC violates these Conditions of use and, or terminate your permission to access or use this Web Site.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant NUMERIC and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant NUMERIC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to NUMERIC, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Web Site; that, as at the date that the content or material is submitted to NUMERIC: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable NUMERIC policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify NUMERIC and its affiliates for all claims brought by a third-party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
19. Claims against Objectionable Content
You can refer to the product detail page on Web Site for checking any product details provided by the seller including the following:
·the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you.
·mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable.
·goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.
·importer and the guarantees related to the authenticity or genuineness of the imported products; and.
·guarantees or warranties applicable to such goods or services.
Because NUMERIC lists many products for sale offered by sellers on the Web Site and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, NUMERIC operates on a "notice and takedown" basis. If you believe that any content on the Web Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (" Objectionable Content "), please notify us immediately us at Eshop-support.in@Numeric.com (mention email id). Once this procedure has been followed, NUMERIC will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
You acknowledge and undertake that you are accessing the services on the Web Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Web Site. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timelines, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Web Site. While we have taken precautions to avoid inaccuracies in content, this Web Site, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on the Web Site vest with NUMERIC nor shall NUMERIC have any obligations or liabilities in respect of any transactions on the Web Site.
21. Indemnity and Release
You shall indemnify and hold harmless NUMERIC, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third-party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release NUMERIC and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Web Site.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Web Site, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Web Site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
22. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under this agreement if the delay or failure is occasioned by event(s) beyond our control, including events such as fires, storms, lightning, strikes, floods, earthquakes, epidemics, terrorist attacks, explosions, war, military operations or civil disorders, disruption of means of transportation or procurement, shortage of energy supply, computer viruses, electrical and electromagnetic phenomena which disturb the mobile networks, any legislative or regulatory measures having an impact on the Web Site, in whole or in part, in particular those imposed by an organization or a national or international authority, as well as any modifications of the foregoing.
In case of occurrence of such events which are beyond our control, we reserve the right to terminate and/ or suspend without notice the operation of the Web Site. The force majeure and events envisaged by this clause suspends the obligations of NUMERIC for the entire duration of the event.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
24. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.