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.
Additional features, in the website include:
1. Industry News;
2. Discussion Forum;
3. Job Openings;
4. Post Resume;
5. Technical Articles;
6. Training Programs and Events;
7. Quiz Time;
8. Appworld (in due course);
10. Payments and Credit Points;
11. Channel Partners;
12. Sales Campaigns;
The Website is provided by E-search Marketing Solutions and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.
MODIFICATION TO 'THE SERVICE'
Our Website reserves the right to Terminate/modify or discontinue, temporarily or permanently, 'The Service' (or any part of 'The Service') with or without notice to the user at any time and from time to time. 'The User' agrees that our Website shall not be liable to the User or any third-party for any modification or discontinuance of the Service.
OUR WEBSITE – RATES, SERVICES AND TARIFF
When the member makes the payment by duly completing the payment process, credit points are added to the member's account subject to realization of the paid amount. The credit points can be utilized by the member for up-gradation or renewal of the membership plan or for subscribing to any of our chargeable services. However, the credit points are non-refundable and non-transferable.
USE OF SITE
(a) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
(c) Includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
(d) Criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
(e) Using any information obtained from our website in order to harass, abuse, or harm another person;
Our website may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, our website has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify our website of any unauthorized use of your password or identification or any other breach or threatened breach of our website security.
IT ACT, 2000 COMPLIANCE
Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of sub-section (2) of section 87 read with sub-section (2) of section 79 :
Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) Belongs to another person and to which the user does not have any right to;
(b) 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;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the addressee 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;
(i) 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 offence or prevents investigation of any offence or is insulting any other nation.
As a condition of your use of "The Service" you, 'The User' agree to provide:
(a) True, accurate, current and complete information about yourself as required by the Service's registration form (such data being the Registration Information).
(b) Maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue and inaccurate, not current or incomplete, our website has the right to terminate the user account and refuse any and all current or future use of 'The Service'.
(c) User can create, maintain and use only one member account and password on our website for use. User will not create multiple member accounts and passwords for use on our website.
(d) Our website has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services through Advertisement. You have also consented www.heattreatmart.com the right to use your registration information to provide targeting of advertising and other service offers. This could be also used to customize the content you see, to fulfill your requests for certain specific product and services and to contact / intimate you about special offers, sale or new package. Usage obligations as a condition of your use of "The Service" you will not use "The Service" for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through "The Service". By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize our Website to share such information with other user(s).
You agree not to use "The Service" to:
(a) Obstruct or hinder the use and enjoyment of "The Service" by other Users;
(b) Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;
(c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to "The Service";
(e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise);
(f) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable;
(g) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same;
(h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;
(i) "Stalk" or otherwise harass other users; collect or store personal data about other users.
(j) Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless The Service specifically allows such messages or transactions.
(k) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.
(l) Harm minors in any way;
(m) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(n) The user is not allowed to defame / deface our website on any social networking platform or media such as Facebook, Twitter, Linkedin etc;
Our website has no obligation to observe and monitor The Service. However, our Website reserves the right to review products, services, and any other content posted on the website and to remove / block the same if necessary. Our Website are free to check data of any account to avoid any legal issue like data theft, child abuse, blackmailing, pornography, gambling etc or any issue which is criminal or which does not comply to general law and natural justice. Our Website reserves the right to block all mails from mailing lists and groups whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Our Website also reserves the right to terminate your access to any or all of The Services, at any time, without notice, for any reason whatsoever. Our Website reserves the right at all times to reveal any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to deliver any product or other services, in whole or in part.
In view of the global nature of the world wide web, the User understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of The Service, or to correspond / conform to other, similar technical requirements.
USER ACCOUNT, PASSWORD AND SECURITY
As part of The Service's registration process you will provide us with current, complete and accurate information as requested by the registration form. As a matter of our policy, always the email id shall be used as user id in all situations. User should take total responsibility for maintaining the confidentiality of your password and account. User may change his password by following the instructions on the system. User agrees not to use the account or password of another Member at any time or to disclose his password to any third party.
Users are also entirely responsible for any and all activities that occur under the user’s account. You agree to notify our Website immediately of any unlawful / unauthorised use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that our Website will not be liable for any loss or damage in any form incurred as a result of unauthorised usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by our Website or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else's account, at any time, without the prior permission of the account holder.
Registration Information and certain other information about you are subject to our Disclaimer. For more information, see our Disclaimer.
LIMITATION OF LIABILITY
The features and services on the website are provided on an "as is" and "as available" basis, and website hereby expressly disclaims any and all warranties, expressed 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. Our Website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality and stability, completeness of any product / service available on or through our website.
www.heattreatmart.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, delay in delivery of ordered product, failure of any email, due to technical problems or traffic congestion on the Internet or on any of the www.heattreatmart.com Services.
www.heattreatmart.com is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content which the user uploads or submits for uploading to the www.heattreatmart.com Services.
www.heattreatmart.com will not be responsible for any incorrect or inaccurate content uploaded to the www.heattreatmart.com website or in connection with the www.heattreatmart.com services, whether caused by users of the www.heattreatmart.com services or by any of the equipment or programming associated with or utilized in the www.heattreatmart.com services. Any product image downloaded or otherwise obtained through the website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.
www.heattreatmart.com is not responsible for the conduct, whether online or offline, of any User of the www.heattreatmart.com Services.
All conditions, terms, representations and warranties relating to the www.heattreatmart.com Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the www.heattreatmart.com Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
www.heattreatmart.com holds no responsibility of loss (i.e monetary, data, privacy etc). Cross check and validation for frauds and any other anti-social elements/activities should be done on sole discretion of interested party/parties. Party/Parties are at whole responsible for getting complete knowledge to their satisfaction before indulging in any kind of transaction (monitory, data etc) in between other members/non members/visitors of site, and www.heattreatmart.com won’t be held responsible in such cases.
www.heattreatmart.com shall not be liable or responsible to verify the authenticity of the product posted by the users/members on the site such as, products price, articles, quality, location, insurance, shipping, debit card, credit card, bank account details etc and shall be in no way be responsible for any loss/damages caused to the Users/Members. www.heattreatmart.com only provides a platform/medium for communication between the Users. www.heattreatmart.com is not responsible for any incorrect or inaccurate content, price, quality, accuracy, product description, guarantee, warrantee, etc posted on the site or in connection with the www.heattreatmart.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the www.heattreatmart.com service whether online or offline.
In any event no claim shall be brought unless you have notified us in writing, of the claim within one month of it arising. In no event shall www.heattreatmart.com be liable to you for any loss of product, insurance, product quality, any product, replacement, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
www.heattreatmart.com is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does www.heattreatmart.com screen or/and censor or/and otherwise control the Users of its service. www.heattreatmart.com cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of www.heattreatmart.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. www.heattreatmart.com doe s not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
Under no circumstances shall website be held liable for a delay or failure or disruption of the content or services delivered through the website 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 labor 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.
Website 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 website;
• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or 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;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the website; or
• Any matters relating to Premium Services however arising, including negligence.
AVAILABILITY OF A PRODUCT OR A SERVICE:
Despite the fact; that this site may be accessed from locations where www.heattreatmart.com does not do business, we do not represent that we are doing business in those locations, or that its services or products will be available in any particular state, country or jurisdiction. This site is not targeted to users in any particular locality. In accessing www.heattreatmart.com; you agree and understand that www.heattreatmart.com and anything contained on www.heattreatmart.com will not be used to establish personal jurisdiction over www.heattreatmart.com; in locations where it is not currently doing business.
You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of www.heattreatmart.com to terminate Membership privileges of any Member who once infringes the copyright rights of others upon receipt of prompt notification to www.heattreatmart.com by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the www.heattreatmart.com Services in a way that constitutes copyright infringement, please provide us with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the www.heattreatmart.com Services;
4. your address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You "The User" comprehend and agree to indemnify and hold www.heattreatmart.com and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the www.heattreatmart.com Agreement or any other provision of the Agreement, or the infringement or misappropriation by the User, or a third party using User's computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts, or your violation of any rights of another.
This Agreement shall remain in full force and effect while you use the www.heattreatmart.com Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect. However, www.heattreatmart.com reserves the right to terminate access to certain areas or features of the website (to paying or registered users) at any time for any reason, with or without notice. Our website also reserve the right to deny access from any IP Address which is identified to be engaging in malicious activities which are harmful to the interests of our website or other users.
You may terminate your Membership at any time, for any reason or fail to pay any sums due to us as they fall due via the Close Account form in the My Account section. (Close account facility is unavailable at present. As per the The member can delete his product details and contact details or he can write to us to close the account)
www.heattreatmart.com also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of www.heattreatmart.com and/or other visitors to the website. www.heattreatmart.com reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. www.heattreatmart.com reserves the right, in its sole discretion, to suspend the provision of www.heattreatmart.com Services to you and/or terminate your Membership at any time, without warning
www.heattreatmart.com withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to www.heattreatmart.com, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of website.
(c) Utilize website to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that are not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the website data base, network or related services.
(g) Obtain by any means website member's user name and/or password.
If www.heattreatmart.com terminates user(s) membership, user(s) will not have the right to re-enroll or join www.heattreatmart.com under a new account or name unless formally invited to do so by www.heattreatmart.com. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the website be liable to the user(s) or any third parties for any inability to use the www.heattreatmart.com (whether due to disruption, limited access, changes to or termination of any features on the website 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 website or any of its features.
ASSOCIATION / LINKS TO THIRD PARTY
TERMS AND CONDITIONS RELATING TO ADVERTISERS
• Advertiser agrees to use, and www.heattreatmart.com agrees to make available, the Network during the Term in order to place Ads from Advertiser on Publisher Websites according to the terms and conditions of this Agreement. As between Advertiser and www.heattreatmart.com, Advertiser shall be solely responsible for soliciting all Ads, placing Ads through the Network and responding to inquiries in connection therewith.
• All copyright, database rights, trademarks and design rights in our site and in the material published on it belong to www.heattreatmart.com. Advertisers cannot use it without prior permission of the E-search Marketing Solutions.
• Advertiser shall be solely responsible if any kind of loss occurred to the user of the website.
All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to E-search Marketing Solutions having addressed at:-
Ground Floor, Ismail Building
D N Road, Flora Fountain, Fort
Mumbai - 400 001 INDIA
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) to www.heattreatmart.com , or by posting such notice or demand on an area of the website 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 website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon website's posting such notice on an area of the website that is publicly accessible without charge.
The thoughts written or reviews posted by visitors are of them and not moderated by us, any one thus felt offended please email us at: [email protected] and we will remove it from our website (if we feel the same is within the framework of business, prevalent norms and practicability, legality and freedom of speech.)
In accordance with Information Technology Act 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:
Mr. Pankaj K. Deval
E-search Marketing Solutions having addressed at:-
Unit 1, Level 2, B Wing, Times Square
Andheri Kurla Road, Andheri (E)
Mumbai - 400 059 INDIA
E-Mail: [email protected]
Contact Number: +918080803332
Timing: 10.00 am to 5.00 pm on working days
GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement shall be governed by and construed in accordance with Indian Law and you hereby submit to the exclusive jurisdiction of the Mumbai Courts.
Any forbearance or failure by us to enforce a provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• Website's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives www.heattreatmart.com right to act with respect with subsequent or similar breaches.
• Website shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
• If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, www.heattreatmart.com shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, nor will neither party be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
STATUTE OF LIMITATIONS
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Date Last Modified