TERMS OF USE

Terms of Use

This document is an electronic record under Information Technology Act, 2000 and the rules there 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.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of www.mechultra.com website.

PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY

The following demonstrates User Agreement (here-in-after-referred to as an “Agreement”) between this website “mechultra.com” which is operated by Mechultra Industries LLP. (here-in-after- referred to as “We”, “Us”, “Our”) and the users of the Website (“You”, “Your”, “User”/“Users”).

Before you subscribe to and/or begin participating in or using the website, we believe that user(s) have fully read, understood, and accept the Agreement.

If you do not agree to or wish to be bound by the Agreement, you may not access or otherwise use the website.

USER AGREEMENT

Your use of a mechultra.com (here-in-after-referred to as “the website”) and services available on a website is governed by the following Terms of Use. This User Agreement for the Website shall come into effect on 11th May 2021.

AMENDMENT TO USER(S) AGREEMENT

We may change, modify, amend, or update this agreement from time to time without any prior notification to user(s), and the amended and restated terms of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the Terms of Use contained in this User Agreement. If you do not adhere to the changes, you must stop using the service. Your continued use of the service will signify your acceptance of the changed Terms of Use.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by mechultra.com. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. As a minor, if you wish to purchase an item on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website. We advise our users that while accessing the website, they must follow/abide by the related laws. We are not responsible for the possible consequences caused by your behavior during the use of the website. We may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Website at any time.

If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

ELECTRONIC COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with mechultra.com which is operated by Mechultra Industries LLP. through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.

REGISTRATION AND YOUR ACCOUNT

To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log in and log out.

User(s) can become a Registered User(s) by filling an online registration form on the website by giving desired information (name, contact information, details of its business, etc.). We will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information 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, email id, and cell number as the case may be.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to us during the registration process is true, accurate, current and complete.

By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our online database and authorize us to share such information with another user(s). We may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. The website may suspend or terminate a registered membership at any time without any prior notification in interest of our or general interest of its visitors/other members without giving any reason thereof.

Despite my and the organization’s contact number(s) are on the Do Not Call Registry, I consent to be contacted by mechultra.com through phone calls, SMS notifications, or any other means of communication, with respect to the services provided by us.

You agree, inter alia, to 1. Provide true, accurate, current, and complete information about yourself as prompted by the mechultra.com registration form or provided by You 2. Maintain and promptly update the personal and non-personal Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, We have the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

USE OF THE WWW.MECHULTRA.COM

You understand and agree that mechultra.com and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third-party user-generated contents. We have no control over third-party user-generated content.

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with the user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

Belongs to another person and to which you does not have any right to;

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;

Harm minors in any way;

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;

Violates any law for the time being in force;

Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

Impersonate another person;

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, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

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 offense or prevents investigation of any offense or is insulting any other nation.

Shall not be false, inaccurate or misleading;

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.

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

Shall not link directly or indirectly to or include descriptions of items, goods, or services that are prohibited under the 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 thereunder.

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 Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our 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.

User(s) hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to mechultra.com to display and use all information provided by them 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 website. We will only use Your Information in accordance with the User Agreement and Our Privacy Policy. You represent and confirm that you shall have absolute right, title, and authority to deal in and offer for sale such items, goods, or products.

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.

INTELLECTUAL PROPERTY RIGHTS

Mechultra.com is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, we are not endorsing a claim of infringement. Neither, in those instances in which we decline to take down a listing, is mechultra.com determining that the listing is not infringing, nor is mechultra.com endorsing the sale of goods in such cases. We do not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on its web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with its services.

We respect the intellectual property rights of other Terms of Use, and we expect our Suppliers and User(s) to do the same. We believe that the User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or listings available on or through the web site (the “mechultra.com 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 us, or otherwise commercially exploiting the mechultra.com content. Systematic retrieval of our 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 mechultra.com is prohibited.

In addition, the use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of our services, you agree that you will not use the website service to infringe the intellectual property rights of others in any way. We reserve the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with the use of the mechultra.com service, or if We believe that user(s) conduct is harmful to the interests of our, its affiliates, or other users, or for any other reason in mechultra.com’s sole discretion, with or without cause.

In no event, mechultra.com shall be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its services. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.