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Updated on 07th June, 2019
TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
AGREEMENT CAREFULLY
The following demonstrates terms
and conditions of use (here-in-after referred to as an "Agreement"),
applicable to your access and use of the platform Theyarnbazaar.com and its
mobile application platforms (each a “Platform”), which promotes business between
suppliers, buyers and brokers globally. It is an agreement between you as the
user(s) of the platform as a visitor, registered – free or paid user(s) (referred
to as “you”, “your” or “User” hereinafter) and Filosha Fibres Private Limited entity (referred
to as “we”, “our” or “The Yarn Bazaar” hereinafter).
1.1 User’s use of the Platform and our services, software and products
(collectively as the “Services” hereinafter) is subject to the terms and
conditions contained in this document as well as the Privacy Policy, and any
other rules and policies of the Platform that we may publish from time to time.
1.2 This document and such other rules and policies of the Platform are
collectively referred to below as the “Terms”. By accessing the Platform
or using the Services, User agrees to accept and be bound by these Terms.
Please do not use the Services or the Platform if Users do not accept all
of the Terms.
1.3 User may not use the Services and may not accept the Terms if (a)
you are not of legal age to form a binding contract with The Yarn Bazaar.
1.4 You acknowledge and agree that The Yarn Bazaar may amend any Terms
at any time by posting the relevant amended and restated Terms on the Platform.
By continuing to use the Services or the Platform, you agree that the
amended Terms will apply to you.
1.5 You may be required to accept specific services terms and
conditions, whether online or offline, with The Yarn Bazaar or our affiliate
for any Service (“Specific Terms & Conditions”). If there is any
conflict or inconsistency between the Terms and Specific Terms &
Conditions, the Specific Terms & Conditions shall take precedence over the
Terms only in relation to that Service concerned.
1.6 The Terms
may not otherwise be modified except in writing by an authorized officer of The
Yarn Bazaar.
2.1 The Yarn
Bazaar contracting entity that you are contracting with is Filosha Fibres
Private Limited. As some or part of the Services may be supported and
provided by affiliates of The Yarn Bazaar or third parties, for all such
Services your contracting entity will be such affiliate or third party, as the
case may be;.
2.2 You must
register as a member on the Platform in order to access and use Services
properly. Further, The Yarn Bazaar reserves the right, without prior notice, to
restrict access to or use of certain Services (or any features within the
Services) subject to other conditions that The Yarn Bazaar may impose in its
discretion.
2.3 Some Services may be provided
by our affiliates or third parties.
3.1 You agree to
use the Platform or Services solely for your own private and internal purposes.
You agree that (a) you will not copy, reproduce, download, re-publish, sell,
distribute or resell any Services or any information, text, images, graphics,
video clips, sound, directories, files, databases or listings, etc. available
on or through the Platform (the “Site Content”), and (b) you will not copy,
reproduce, download, compile or otherwise use any Platform Content for the
purposes of operating a business that competes with The Yarn Bazaar, or
otherwise commercially exploiting the Platform Content or systematic retrieval
of Platform Content from the Platform to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes). Use of any content or
materials on the sites for any purpose not expressly permitted in the terms is
prohibited.
3.2 You must
read The Yarn Bazaar’s Privacy Policy which
governs the protection and use of personal information about Users of Platform
and our affiliates. You accept the terms of the Privacy Policy and agree to the
use of the personal information about you in accordance with the Privacy
Policy.
3.3 The Yarn
Bazaar may allow Users the access to content, products or services offered by
third parties through hyperlinks (in the form of word link, banners, channels
or otherwise), API or otherwise to such third parties' web sites. You are
cautioned to read such web sites' terms and conditions and/or privacy policies
before using the Platform. You acknowledge that The Yarn Bazaar has no control
over such third parties' web sites and shall not be responsible or liable to
anyone for such web sites, or any content, products or services made available
on such web sites.
3.4 You agree
not to undertake any action which may undermine the integrity of our feedback
system.
3.5 By posting
or displaying any information, content or material (“User Content”) on the
Platform or providing any User Content to The Yarn Bazaar or our
representative(s), you grant an irrevocable, perpetual, worldwide,
royalty-free, and sub-licensable license to The yarn Bazaar to display,
transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate,
create derivative works, and otherwise use any or all of the User Content in
any form, media, or technology now known or not currently known in any manner
and for any purpose which may be beneficial to the operation of the Platform,
the provision of any Services and/or the business of the User. You confirm and
warrant to The Yarn Bazaar that you have all the rights, power and authority
necessary to grant the above license.
3.6 User agrees,
undertake and confirm that User’s use of Platform shall be strictly governed by
the following binding principles:
3.6.1 User shall
not host, display, upload, modify, publish, transmit, update or share any
information which:
3.6.1.1 belongs
to another person and to which User does not have any right to;
3.6.1.2 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;
3.6.1.3 is misleading in any way;
3.6.1.4 is
patently offensive to the online community, such as sexually explicit content,
or content that promotes obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
3.6.1.5 harasses
or advocates harassment of another person;
3.6.1.6 involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming" or messages using The Yarn
Bazaar communication platform;
3.6.1.7 promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
3.6.1.8
infringes upon or violates any third party's rights [including, but not limited
to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
3.6.1.9 promotes
an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
3.6.1.10
contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
3.6.1.11
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
3.6.1.12
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
3.6.1.13
contains video, photographs, or images of another person (with a minor or an
adult).
3.6.1.14 tries
to gain unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information, bulletins,
friend request, or other areas of the Platform or solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users;
3.6.1.15 engages
in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying
or selling of "virtual" products related to the Platform. Throughout
this Terms of Use, our prior written consent means a communication coming from
our Legal Department, specifically in response to your request, and
specifically addressing the activity or conduct for which you seek
authorization;
3.6.1.16
solicits gambling or engages in any gambling activity which we, in our sole
discretion, believe is or could be construed as being illegal;
3.6.1.17 interferes
with another USER's use and enjoyment of the Platform or any other individual's
User and enjoyment of similar services;
3.6.1.18 refers
to any website or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
3.6.1.19 harm
minors in any way;
3.6.1.20
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 products;
3.6.1.21
violates any law for the time being in force;
3.6.1.22
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
3.6.1.23
impersonates another person;
3.6.1.24
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, cancel-bots, 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;
3.6.1.25
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 cognizable offence or prevents investigation of any
offence or is insulting any other nation.
3.6.1.26 shall
not be false, inaccurate or misleading;
3.6.1.27 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.
3.6.1.28 shall
not create liability for The Yarn Bazaar or cause The Yarn Bazaar to lose (in
whole or in part) the services of our internet service provider
("ISPs") or other suppliers;
3.6.1.29 You
shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. The Yarn Bazaar reserves its right to bar any such activity.
3.6.1.30 User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
3.6.1.31 Unless
expressly permitted, User shall not probe, scan or test the vulnerability of
the Platform or any network connected to the Platform nor breach the security
or authentication measures on the Platform or any network connected to the
Platform. User may not reverse look-up, trace or seek to trace any information
on any other User of or visitor to Platform, or any other user, including any
account on the Platform not owned by User, to its source, or exploit the
Platform or any service or information made available or offered by or through
the Platform, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
User’s own information, as provided for by the Platform.
4.1 User must be registered on the Platform to access or use some
Services. Except with our approval, one User may only register one account on
the Platform. The Yarn Bazaar may cancel or terminate a User’s account if The
Yarn Bazaar has reasons to suspect that the User has concurrently registered or
controlled two or more accounts. Further, The Yarn Bazaar may reject User’s
application, without assigning any reasons thereof, for registration for any
other reason.
4.2 A set of User ID and OTP (One Time Password) / password is unique to
a single account. Each User shall be solely responsible for maintaining the
confidentiality and security of your user ID and password and for all
activities that occur under User’s account. User agrees that all activities
that occur under your account (including without limitation, posting any
company or product information, clicking to accept any Specific Terms &
Conditions or rules, subscribing to or making any payment for any services,
sending emails using the Platform or other communications) will be deemed to
have been authorized by the User.
5.1 Each user represents, warrants and agrees that (a) you have full
power and authority to accept the Terms, to grant the license and authorization
and to perform the obligations hereunder; (b) you use the Platform and Services
for business purposes only; and (c) the address you provide when registering is
the principal place of business of your business entity.
5.2 User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 User consent to the inclusion of the contact information about User
in The Yarn Bazaar’s Database.
5.4 Each User represents, warrants and agrees that (a) you shall be
solely responsible for obtaining all necessary third party licenses and
permissions regarding any User Content that you submit, post or display; (b)
any User Content that User submit, post or display does not infringe or violate
any of the copyright, patent, trademark, trade name, trade secrets or any other
personal or proprietary rights of any third party (“Third Party Rights”); (c)
User have the right and authority to sell, trade, distribute or export or offer
to sell, trade, distribute or export the products or services described in the
User Content and such sale, trade, distribution or export or offer does not
violate any Third Party Rights.
6.1 The Yarn Bazaar reserves the right in its sole discretion to remove,
modify or reject any User Content that User submit to, post or display on the
Platform which The Yarn Bazaar reasonably believe is unlawful, violates the
Terms, could subject The Yarn Bazaar or its affiliates to liability, or is
otherwise found inappropriate in The Yarn Bazaar’s opinion.
6.2 If any User breaches any Terms, or if The Yarn Bazaar has reasonable
grounds to believe that a User is in breach of any Terms, The Yarn Bazaar shall
have the right to take such disciplinary actions as it deems appropriate,
including without limitation: (i) suspending or terminating the User’s account
and any and all accounts determined to be related to such account by The Yarn
Bazaar in its discretion; (ii) restricting, downgrading, suspending or
terminating the subscription of, access to, or current or future use of any
Service; (iii) removing any product listings or other User Content that the
User has submitted, posted or displayed; and (v) any other corrective actions,
discipline or penalties as The Yarn Bazaar may deem necessary or appropriate in
its sole discretion.
6.3 The Yarn Bazaar reserves the right to cooperate fully with
governmental authorities, private investigators and/or injured third parties in
the investigation of any suspected criminal or civil wrongdoing. Further,
The Yarn Bazaar may disclose the User's identity and contact information, if
requested by a government or law enforcement body, an injured third party, or
as a result of a subpoena or other legal action.
6.4 Each User agrees to indemnify The Yarn Bazaar, its affiliates,
directors, employees, agents and representatives and to hold them harmless,
from any and all damages, losses, claims and liabilities (including legal costs
on a full indemnity basis) which may arise from your submission, posting or
display of any User Content, from your use of the Platform or Services, or from
your breach of the Terms.
7.1 For any Services, The Yarn Bazaar does not represent either the
seller or the buyer in specific transactions. The Yarn Bazaar 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 Platform or
the ability of the sellers to complete a sale or the ability of buyers to
complete a purchase.
7.2 Users agree that The Yarn Bazaar cannot and does not confirm each User's purported identity. The Yarn Bazaar encourages Users to exercise discretion and caution while dealing with various Users.
7.3 Each User acknowledges that it is fully assuming the risks of
conducting any purchase and sale transactions (hereinafter referred to as
“Transaction Risk”) in connection with using the Platform or Services, and that
it is fully assuming the risks of liability or harm of any kind in connection
with subsequent activity of any kind relating to products or services that are
the subject of transactions using the Platform.
7.4 In the event that any User has a dispute with any party to a
transaction, such User agrees to release and indemnify The Yarn Bazaar (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.
8.1 To the maximum extent permitted by law, the services provided by the yarn bazaar on or through the platform are provided "asis", "as available" and “with all faults”, and the yarn bazaar 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, and undertakings are hereby excluded.
8.2 To the maximum extent permitted by law, the yarn bazaar makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the platform; the yarn bazaar does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and the yarn bazaar makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform.
9.1 Under no circumstances shall The Yarn Bazaar be held liable for any
delay or failure or disruption of the content or services delivered through the
Platform resulting directly or indirectly from acts of nature, forces or causes
beyond our reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
●
The Yarn Bazaar is the sole
owner or lawful licensee of all the rights and interests in the Platform and
the Platform Content. All title, ownership and intellectual property rights in
the Platform and Platform Content shall remain with The Yarn Bazaar, our
affiliates or licensors of the Platform Content, as the case may be. All rights
not otherwise claimed under the Terms or by The Yarn Bazaar are hereby
reserved.
●
“The Yarn Bazaar " “It’s
time to Change” and related icons and logos are registered trademarks or
trademarks or service marks of Filosha Fibres Private Limited, in various
jurisdictions and are protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
●
All legal notices or demands to
or upon The Yarn Bazaar shall be made in writing and sent to The Yarn Bazaar
personally, by courier, certified mail, or facsimile to the following entity
and address: Filosha Fibres Private Limited, A-3104, DB Woods, Gokuldham,
Goregaon East, Mumbai - 400063, Attn: Legal Department. The notices shall be
effective when they are received by The Yarn Bazaar in any of the
above-mentioned manner.
●
All legal notices or demands to
or upon a User 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 to The Yarn Bazaar,
or by posting such notice or demand on an area of the Platform that is publicly
accessible without a charge. Notice to a User shall be deemed to be received by
such User if and when, a) The Yarn Bazaar is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User, or b) immediately upon The Yarn Bazaar posting such notice on an area of
the Platform that is publicly accessible without charge.
●
Subject to any Specific Terms
& Conditions, the Terms constitute the entire agreement between User and
The Yarn Bazaar with respect to and govern User’s use of the Platform and
Services, superseding any prior written or oral agreements in relation to the
same subject matter herein.
●
The Yarn Bazaar and User are
independent contractors, and no agency, partnership, joint venture,
employee-employer relationship is intended or created by the Terms.
●
If any provision of the Terms
is held to be invalid or unenforceable, such provision shall be deleted and the
remaining provisions shall remain valid and be enforced.
● The Yarn Bazaar’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of The Yarn Bazaar’s right to act with respect to subsequent or similar breaches.
●
The Yarn Bazaar shall have the
right to assign the Terms (including all of our rights, titles, benefits,
interests, and obligations and duties in the Terms to any person or entity
(including any affiliates of The Yarn Bazaar). User may not assign, in whole or
part, the Terms to any person or entity.
●
The Terms shall be governed by
the laws of India and the parties to the Terms agree to submit to the exclusive
jurisdiction of the courts of India.
In accordance
with Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Pradeep Gadia
Customer Service
A-3104, DB
Woods,
Gokuldham,
Goregaon East,
Mumbai – 400063.
Phone:
+91-9320442312
Email:
info@theyarnbazaar.com
Time: Mon - Sat
(09:00 AM - 09:00 PM)
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