This document is an
electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer system
and does not require any physical or digital signatures.This document is
published 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.SYNCHRONIZED website.
User Agreement
Your use of Synchronized Supply Systems Ltd.
website {including www.synchronized.in} (hereinafter referred to as "the
Website") and its related sites, services and tools} is governed by the
following terms and conditions as applicable to the Website. This User
Agreement for the Website shall be with Synchronized Supply Systems Limited, a
company incorporated under Companies Act, 1956 with registered office at D-10
Third floor, South Extension Phase II, New Delhi 110049. These terms and
conditions constitute your binding obligations towards these respective
contracting entities (hereinafter individually and collectively referred to as
“SYNCHRONIZED”).
Amendments: SYNCHRONIZED may amend this User
Agreement and/or SYNCHRONIZED Rules and Policies at any time by posting a
revised version on the Website. All updates and amendments shall be notified to
You via SYNCHRONIZED Website. The revised version will be effective at the time
SYNCHRONIZED posts it on the Website. In addition, if the revised version of
this User Agreement includes a Substantial Change, SYNCHRONIZED will provide
you with 30 days' prior notice of such Substantial Change/s by the Notification
Preferences provided by You to SYNCHRONIZED. You are advised to regularly check
for any amendments or updates to the terms and conditions contained in this
User Agreement and in SYNCHRONIZED Rules and Policies. For the purpose of this
User Agreement, the term "Substantial Change" means a change to the
terms of this User Agreement that reduces your rights or increases your
responsibilities.
By impliedly or expressly accepting this User
Agreement, You also accept and agree to be bound by SYNCHRONIZED Rules and
Policies as provided from time to time in the following hyperlinks:
1. SYNCHRONIZED Rules and Policies.
2. SYNCHRONIZED Privacy Policy.
1. 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 and shall not sell, purchase
or bid for any items on the Website. As a minor if you wish to purchase or sell
an item on the Website such purchase or sale may be made by your legal guardian
or parents who have registered as users of the Website or can use the Website
as Guest User. SYNCHRONIZED reserves the right to terminate your membership and
refuse to provide you with access to the Website if it is brought to
SYNCHRONIZED’s 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 authorized by the business
entity to accept this User Agreement and you have the authority to bind that
business entity to this User Agreement.
•Guest User: If you are transacting as a Guest User, there may
be certain restrictions on you as a Guest User.
2. Electronic Communications
When You use the Website or send emails or other
data, information or communication to SYNCHRONIZED, You agree and understand
that You are communicating with SYNCHRONIZED through electronic records and You
consent to receive communications via electronic records from SYNCHRONIZED
periodically and as and when required. SYNCHRONIZED will communicate with You
by email or electronic records on the SYNCHRONIZED Website which will be deemed
adequate service of notice / electronic record.
3. Use of the Website
3.1. You understand and agree that SYNCHRONIZED
and the Website merely provides 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 SYNCHRONIZED.
3.2. You agree, undertake and confirm that your
use of the Website shall be strictly governed by the following binding
principles:
1. "Your Information" is defined as any
information you provide to us or other users of the Website ("Users")
in the registration (as Registered User or as Guest User), bidding, buying or
listing process, in the feedback area or through any e-mail feature. You are
solely responsible for Your Information, and we act only as a passive conduit
for your online distribution and publication of Your Information.
2. Your Information (or any items listed):Please
note that in accordance with the Information Technology (Intermediaries
guidelines) Rules 2011 in case of non-compliance with rules and regulations,
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:
(a) belongs to another person and to which You
does not have any right to;
(b) is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
(c) harm minors in any way;
(d) 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;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any Trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that
may damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or 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.
(j). shall not be false, inaccurate or misleading;
(k) 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.
(l) 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 (m) 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 there under •are identical to other items you have up for auction but are
priced lower than your item's price, the reserve price of the item or minimum
bid amount; •are concurrently listed for sale on a web site other than the
Website
3. Solely to enable SYNCHRONIZED 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. SYNCHRONIZED will only
use Your Information in accordance with the User Agreement and SYNCHRONIZED's
Privacy Policy.
4. You represent and confirm that you shall be the
sole and exclusive legal owner of all items, goods or products of any
description that you wish to offer for sale on the Website. You shall have
absolute right, title and authority to deal in and offer for sale such items,
goods or products.
5. In the event that any transaction or attempted
transaction relating to any item, good or service which is violative of this
User Agreement or applicable law comes to your knowledge, you shall take all
steps to inform SYNCHRONIZED of the same.
6. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000 and
rules thereunder 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 service and your
bidding on, listing, purchase, solicitation of offers to purchase, and sale of
items or services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force. In particular
you shall ensure that if any of your items listed on the Website qualifies as
an "Antiquity" or "Art treasure" as defined in the Act
("Artwork"), you shall indicate that such Artwork is
"non-exportable" and sold subject to the provisions of the Arts and
Antiquities Act, and shall ensure that it is not delivered to any Winning
bidder/buyer (as defined under the Bidding and Buying section) at any place
outside India.
7. 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.