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FOREWORD |
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This agreement (as defined below)
describes the terms by which Smartech Global Solutions Ltd. ("Plastemart.com" or "we")
offer you access to the service. By clicking the box, "Yes, I agree to
the terms defined in the User Agreement" in the registration application
form, and by accessing or using the service thereafter, you accept the
agreement and agree to be bound by each of its terms. As used herein, the
term "Agreement" means this User Agreement, disclaimer, privacy policy,
security policy, access terms and other terms, conditions and rules that
may be published or displayed from time to time by Smartech Global Solutions
Ltd. on Plastemart.com or at any other link designated in this User Agreement,
including each amendment, alteration, modification, or supplementation
of any and all of the foregoing. All of the foregoing is incorporated
by reference here. The terms of such Agreement apply to your use of the
Service (as defined below). YOU SHOULD READ THIS AGREEMENT EACH TIME
YOU USE THE SERVICE. |
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DEFINITIONS |
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Smartech" is a Public Limited Company and is carrying out its activities in the name and style of "Smartech Global Solutions Ltd." (herein after referred to as "Smartech") |
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"Smartech" is a Web Architecture, engaged in designing, development, hosting, promoting of Web sites. "Smartech" also
provides IT enabled services and software solutions. |
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"Smartech" is based at Mumbai, in
the state of Maharashtra in India. |
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"Data" means a representation of information,
knowledge, facts, concepts or instructions, which are being prepared
or have been prepared in a formalised manner. |
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"Information" includes data, text,
images, sound, codes, computer programmes, software and databases. |
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"Access" means gaining entry into,
instructing or communicating with the logical, arithmetical, or memory
function resources of a computer, computer system or computer network |
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"Visitor" means and includes a person,
entity including Corporate Bodies, Associations and its representatives,
agents etc. |
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"Plastemart.com" means an electronic commerce web site. Informative materials collected and posted on this web site is on "as is" basis
and is subject to further revision without any prior intimation or notice
to any visitor(s) and is designed by Smartech to provide a platform for
trade, knowledge, information to the users mainly belonging to Plastic
Processing Industry and also consumers, dealers of Plastic products and
goods of various nature. |
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REGISTRATION |
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In order to participate in Plastemart.com services, User
must first register. Our services are available only to individuals who
can form legally binding contracts under applicable laws. Registration
is free. All information is kept strictly confidential. The purposes for
registration are: |
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Reach Users when necessary |
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Create a venue where Users have confidence that other
Users are sincere. |
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Receives benefits offered from Plastemart.com. |
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CONDUCT FOR AUTHORISED USERS |
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User agrees to use Plastemart.com only for lawful purposes.
User shall not post on or transmit through Plastemart.com any unlawful,
defamatory, libelous, obscene, abusive, threatening, or racially, otherwise
objectionable material of any kind, including, but not limited to, give
rise to civil liability to otherwise violate any applicable law. User shall
be solely responsible for ensuring that User's Account shall not be used
in any manner which constitutes, or forms a part of a course of conduct
amounting to, a violation of any state federal or other applicable competition
laws. User covenants and agrees to defend, indemnify and hold harmless
Smartech and its subsidiaries, affiliates, and their officers, agents and
employees from and against, and to pay or reimburse the Indemnities for,
any and all loss and damages resulting from, arising out of, or related
to any breach of any of the foregoing provisions of this agreement involving
use of User's Account. User must always use your real name and you will
remain solely responsible for the materials created and the content of
your messages posted on Plastemart.com |
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ROLE OF PLASTEMART.COM |
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Plastemart.com is not involved in the
actual transactions between Buyers and Sellers. And hence, Plastemart.com
has no control over the quality, safety, or legality of the Product advertised,
or the truth or accuracy of the listings, or the ability of Sellers to
sell Product or the ability of Buyers to buy Product. Plastemart.com cannot
confirm the identity of each Buyer and seller.There may be risks in dealing
with others acting under false pretense.Appearance on Plastemart.com is
not an indication of the credit worthiness or trustworthiness of Buyers
or Sellers. Plastemart.com cannot and does not control
whether or not Sellers will complete the sale of Product they offer or
whether Buyers will complete the purchase of Product they have bid on. |
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DISCLAIMER |
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"Smartech" do hereby make disclaimer in respect to its
web site "plastemart.com" as herein below listed - |
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User agrees that use of
the service is entirely at user's own risk. The service is provided "as is" without
warranty of any kind or responsibility either expressed or implied, including
(without limitation) any warranty or responsibility. |
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Smartech does not warrant the accuracy of information obtained from
this Website or that it will not violate or infringe any right of the
third party. |
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Smartech disclaims all warranties including the implied warranty of
merchantability and fitness for a particular purpose. |
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Smartech does not warrant that functions contained on this site will
be uninterrupted or error-free that defects will be corrected or that
this site or the server are free of viruses or other harmful components. |
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Smartech does not warrant or represent the use of the materials on
this site in terms of their correctness, accuracy, reliability, breadth,
depth, coverage, presentation, frequency, timeliness, accessibility and/or
otherwise. |
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This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorised access to, alteration
of, or use of record, in any way relating to or arising out of the service
or the attempted use thereof or any transactions between members, whether
for breach of contract, tortuous behaviour, negligence (whether of Plastemart.com
or otherwise) or under any other cause of action. |
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Neither Plastemart.com nor any of its agents, affiliates or content
providers shall be liable for any direct, indirect, incidental, special
or consequential damages arising out of transactions arising out of the
use of the service or inability to gain access to service or out of any
breach of any obligation or responsibility that any of them may have. |
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Without in any way limiting any other provision contained herein, member
agrees that in no event shall Smartech or its Officers, Directors, Owners,
Administrator, independent Contractors, Employees, Agents or affiliates
be liable and each member exculpates and releases such persons from damage,
liability, or expense that the member may suffer (or any other person
claiming by or through member) by reason of, arising out of, or related
to the use of this web site or the service, by reason of any transaction
with members (including without limitation any member buy and/or sell
arrangements), the covered products, and any information appearing on
or through Plastemart, regardless of whether such loss, damage, liability
or expense results directly or indirectly from Smartech's negligence. |
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Notwithstanding the foregoing or any other limitations on liability
set forth in this agreement, if a User or Member becomes entitled to
any recovery, each user and member agrees that his recovery shall be
limited to the amount of any fees or payments made to Plastemart.com
by reason of such user's or member's use of the service. |
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Smartech makes no representation or warranty regarding the standing,
creditworthiness or otherwise of any person firm or company mentioned
herein, neither the information, nor the suitability of the information
for any purpose. |
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A description or reference to a product, service or publication
on this web site (including any description or reference via hyperlink)
does not imply endorsement by Smartech of that product, service or publication. |
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User hereby acknowledges that the provisions of this section
shall apply to all content on the site. |
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In addition, each Member indemnifies Plastemart.com and
its officers, directors, owners, administrator, independent contractors,
employees, agents and affiliates for and from any loss by reason of, in
any way relating to, or arising out of: |
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Member's use of the Web site or the Service, any violation
of any law, rule or regulation arising by reason of such use;
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Any claim or dispute which may arise from a breach of Terms
of the Agreement or from any dispute which may arise between Members; |
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Member's violation of the policy of Plastemart.com in force
from time to time. |
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ACCESS AND USE OF INFORMATION |
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Access to this Web site is limited to viewing the linked
web pages solely for legitimate business purposes to access the information
provided by Smartech at this Web site. Any access or attempt to access
other areas of the plastemart.com computer system or other information
contained on the system for any purposes is strictly prohibited. You may
not use any information contained on this web site other than in connection
with a legitimate business purpose. |
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Except as expressly permitted below, Visitors to this site
may not copy, modify, alter, reverse engineer, disassemble, sell, transfer,
rent, license, publish, distribute, disseminate or otherwise allow access
to all or any of the information. If the Visitor is a corporation this
term shall apply to any subsidiary, affiliate or parent of such corporation. |
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Visitors to the site may use the information solely and
exclusively for personal purposes or for internal purposes within the Visitor's
organization and not for sale. The Visitor may download and/or copy limited
portions of information on an occasional ad hoc basis and distribute that
information within the Visitor's organisation PROVIDED HOWEVER, that |
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The reproduction and distribution of such information is
not done in any manner which might be competitive with Smartech's use,
reproduction or distribution of the same or similar information either
in hard copy or electronic form and |
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Such information is distributed with appropriate notices,
including copyright notices, indicating Smartech as the source of such
information and prohibiting any further reproduction or distribution of
such Information. Downloading of any Information, content or images from
this web site does not transfer any right or ownership of such Information,
content or images, and such information, content or images may be used
solely in accordance with the license herein. |
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PRIVACY |
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At Plastemart.com, your privacy is
very important to us & all
efforts will be made to ensure security and privacy to the fullest extent.
Smartech shall not sell, trade or share any information of our registered
members with any third party without your approval, with the following
exceptions: |
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Conform to legal requirements or comply with legal process |
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Enforce or apply the terms of any of user agreements. |
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Protect the rights, property or safety of Plastemart, our users or
others. |
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Information revealed during the course of our enforcement of the seller
agreement, or during the course of any disciplinary actions with respect
to a Member. |
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Information necessary will be revealed to other members in store front
or otherwise when they trade with each other in accordance with normal
operations of Plastemart. |
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Information that we in good faith determine must be disclosed to correct
what we believe to be false or misleading information or to address activities
that we believe to be manipulative or deceptive. |
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Also, we at Plastemart.com may provide aggregate statistics
about our customers, sales, traffic patterns and related site information
to reputable third-party vendors, but these statistics will include no
personally identifying information. |
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SECURITY |
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Smartech places utmost importance on protecting information
therefore has security measures in place to protect the loss, misuse and
alteration of the information under our control. These include firewall
protection, password encryption and restricted server access. |
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Smartech does not guarantee that any
electronic commence is totally secure and urges all users to exercise
caution while using our site "PLASTEMART.COM" |
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TRADEMARK / COPYRIGHT |
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The visitor expressly acknowledges that Plastemart.com was prepared by Smartech (on its third party licensors ) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money. This web site contains many Smartech and third part trademarks / copyrights. All marks are the property of their respective companies. All rights in the intellectual property contained in Plastemart.com including copyrights, trademarks, patents, rights trade secrets are reserved. |
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SMARTECH'S RIGHTS |
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Smartech reserves the right, in its sole discretion, to select Users
and to refuse service or subscription to Plastemart.com to any person
or entity for any reason or for no reason whatsoever. |
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Smartech may terminate immediately and without notice the Account of any User who misuses Plastemart.com or fails to comply with any terms or condition of this Agreement. |
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Smartech, in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and insert additional terms and conditions governing Users' access and use of Plastemart.com. Any modification or addition is effective immediately upon its posting on Plastemart.com or upon transmittal of written notice thereof to User, whichever is earlier.
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Smartech may, in its sole discretion, modify, supplement or discontinue any aspect of Plastemart.com, including, but not limited to, (I) restricting the hours or dates of access to Plastemart.com, and (II) restricting or terminating any User's right to access or use Plastemart.com or any portion thereof, at Smartech's sole discretion and without prior notice or liability.
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Smartech reserves the right to change or add any fees or charges for access or use of Plastemart.com at any time which would be effective immediately.
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This Agreement shall be governed by and in accordance with the Law of India, without regard to conflicts of law provisions. Any controversy involving Smartech arising from or in any way related to this Agreement or your use of the services of the site shall be submitted to arbitration to be conducted in accordance with the laws of India. The final jurisdiction for any claim or dispute resides in the courts of India |
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CANCELLATION POLICY |
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Payments received against advertisement, commission, services fees, consultancy charges, placement services and other plastemart.com service will not be refundable. |
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