INTRODUCTION:
Welcome to Ayan Business Solutions private limited. For the sake of brevity, Ayan Business Solutions shall be called as ABS hereinunder. These terms and conditions govern your access to use of the mobile application “dtekskilz” and our website www.dtekskilz.com . By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or ABS Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement. If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner. If you violate or do not agree to these Terms and Conditions, then your access to and use of the Website is unauthorized. You shall not use this Website if you are not competent to contract under the applicable laws, rules and regulations. In these Terms and Conditions: “Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.
APP MERELY A VENUE/PLATFORM
The App acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. ABS shall not act as parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.
ABS do not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale or service on the application or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between ABS and any other party.
Further, the users in the form of supplier and customer shall not directly interact with each other or third parties through them without the nexus of ABS , failing so that the said act amounts to Anti trust and such user shall be held accountable for violating data confidentiality. ABS reserves the right to remove such unethical supplier and customer from the platform/app
SERVICES PROVIDED BY ABS
ABS provide the following services to its Customers and their respective definitions are classified here under: –
“Leading Supplier”: It gives the User(s)s priority listing within categories of their choice as available on ABS, thus increasing visibility of their products.
“Star Supplier” : It is add-on service by ABS which gives its User(s) priority listing in their chosen category of products. By availing this service the User(s) will get benefits of increased leads and enquiries.
“Verified” User(s): Users are said to be verified if any of their provided primary/ secondary, mobile or email is verified by ABS.
USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by ABS, including but limited to the “Dtekskilz” or any other services provided by ABS in relation to the use of the Web Site (“ABS’s Services”). ABS’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law by way of registration.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. It is pertinent to note that ABS shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over ABS’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 each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. ABS at it’s sole discretion reserves the right to refuse ABS’s Services to anyone at any time. ABS’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by ABS.
USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the ABS’s Services for any purpose. User(s) may use this Web Site and/or IIL Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the App and website by ABS, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Application. 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. This Agreement shall govern the User’s usage of ABS Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between ABS and the User.
AMENDMENT TO USER(S) AGREEMENT
ABS reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Application. If You do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
INFORMATION TECHNOLOGY ACT:
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. 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 Terms for access or usage of App via App Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
ABS is the sole owner and the lawful licensee of all the rights to the Web Site and its content (“Application Content”). The Application Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the same. The App Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the App and its Content shall remain in ABS, its affiliates or licensor’s of ABS, as the case may be.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information by users, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall ABS be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to ABS’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. ABS respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. ABS 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.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to User(s). User(s) acknowledge and agree that ABS does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
ABS may allow User(s) access to content, products or services and contacts offered by other users for exchange of information and through hyperlinks (in the form of word link, banners, channels or in any other form ) to the Application . Users acknowledge and agree that ABS has no control over any content offered on Third Party Websites if any, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
TERMINATION
ABS reserve 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 ABS is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the App to send spam messages or repeatedly publish the same product information.
(d) If such User(s) posts any material that is not related to trade or business cooperation or in alignment with the scope of the Application.
(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
(f) If such User(s) are involved in unauthorized access, use, modification, or control of the Application database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices., in the manner that user acquire/receive all the information from co-user who shall be called a supplier and have a direct relationship in future, amounting to anti trust towards ABS.
Upon such circumstances, If ABS terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of ABS , such person will not have the right to re-enroll or join the App under a new account or name unless invited to do so in writing by ABS. In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the App wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall ABS be liable to any User(s) or any third parties for any inability to use the Application (whether due to disruption, limited access, changes to or termination of any features on the App or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.
REGISTERED USER(S)
To become a registered User(s) of the Application, a proper procedure has been made available on the same which is for the convenience of User(s) so that they can easily use the Application in full.
User(s) can become registered User(s) by filling an on-line registration form on the App by launch, by providing the required information (including name, contact information, details of User(s) business, etc.). ABS will establish an account (“Account”) for the User(s) upon successful registration and will assign a user alias (“User ID”) and password (“Password”) for log-in access to the User(s)’s Account. ABS may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users themselves will be responsible for the content of all the messages communicated through the account.
User(s) registering on the Application on behalf of business entities (Suppliers) represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to ABS during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the application, they consent to the inclusion of their personal data in ABS’s on-line database and authorize ABS to share such information with other User(s). ABS may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. ABS may suspend or terminate a registered membership at any time without any prior notification in interest of ABS or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on ABS of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the App are in no manner a part of or affiliated to ABS.
User(s) further agree and consent to be contacted by ABS through phone calls, SMS notifications or any other means of communication, in respect to the services provided by ABS even if contact number(s) provided to ABS upon registration are on Do Not Call Registry.
DATA PROTECTION
Personal information supplied by User(s) during the use of the App is governed by ABS’s privacy policy (“Privacy Policy”). Please click here to know about the Privacy Policy.
POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the App is provided by other users or third parties. User(s) can post their content on some of the sections/services of the App using the self-help submit and comments section made at the respective portions of the App. User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that ABS in such case is not the author of the comments made and that neither ABS 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 App. User(s) further understand and agree ABS is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the App and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. ABS shall not be liable for a User(s) activities on the App, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User’s conduct.
INTERACTION BETWEEN USERS
ABS provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. ABS does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the App or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with people acting under false pretenses on the App. The App uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). ABS however, cannot and does not confirm each User(s)’s purported identity on the App. ABS encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions (“Transaction Risks”) conducted on the basis of any content, information or any other material provided on the App and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the App may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the App as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the App may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that ABS shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify ABS (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
ABS reserves the right to add/modify/discontinue any of the features offered on ABS’s Services.
YOUR ACCEPTANCE OF THIS AGREEMENT:
The following terms and conditions constitute an agreement between you and ABS. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you are agree to comply with applicable laws, governed and interpreted by the country (hereinafter referred to as “India”). Please note that we offer the Site “AS IS” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual or entity’s behalf.
In addition, you understand that the specific method, features and services offered on ABS may be altered, improved, removed or adapted at any time by ABS in its sole discretion and without any notice. If you do not agree with any of these terms, do not use this site.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the App are provided on an ” as is ” and ” as available ” basis, and ABS 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. ABS makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the App including display or listing of tenders on the App which in no manner is endorsed by ABS. ABS has no association of whatsoever nature with the publisher and/or the published contents. Moreover, ABS 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 defense equipment. ABS does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and ABS 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 App is at the User(s) sole discretion and risk and the User(s) is 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 the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall ABS be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save ABS, 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 from their use of the App (including but not limited to the display of User(s) information on the App ) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save ABS , 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 from User(s)’s breach of any representations and warranties made by the User(s) to ABS.
User(s) hereby further agree to indemnify and save ABS , 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 App. User(s) hereby further agree that ABS 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). ABS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with ABS in asserting any available defences.
ABS 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:
NOTICES
All notices or demands to or upon ABS shall be effective if in writing and shall be deemed to be duly made when sent to “Ayan business solutions private limited, FF3, Murl premia apartments, sumukha residency, survey no 26, huskur road, chikkanagamangala village, Bangalore -560099.
All notices or demands to or upon a User(s) 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 the User(s) on the App, or by posting such notice or demand on an area of the App that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when App is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon App’s posting such notice on an area of the App that is publicly accessible without charge.
GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. ABS considers itself and intends itself to be subject to the jurisdiction of the Courts of Bangalore, Karnataka, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.
MISCELLANEOUS
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.
ABS’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a ABS’s waiver of that right or ABS’s waiver of the right to act with respect with subsequent or similar breaches.
ABS shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating ABS’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 ABS 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 ABS may be monitored and recorded.
The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and ABS with respect to access to and use of the Web Site, superseding any prior written or oral agreements in relation to the same subject matter herein
Again, In no event shall ABS be liable to any user activities/services for any special, exemplary, indirect, incidental, consequential, punitive damages or for any damages arising out of or in connection with respect to the above mentioned service.