Disclaimer
Company as well as its management have created these pages
and the Services as a specific feature and as a service to the global Import-Export
Business community.
No warranty or condition expressed or implied or statutory
is being provided to the User. Company hereby specifically disclaims any
quality, durability, accuracy, reliability and all express or implied
warranties including but not limited to warranties of title, merchantability,
fitness for a particular purpose or performance. Company does not make any
representation or warranties of any kind about any product or Services offered,
or displayed or hosted on the Site. All such warranties, representations, conditions
and undertakings are hereby excluded.
Under no circumstances shall Company be held liable for any
delay or failure or disruption of the content or services delivered through the
Site 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 failues, strike, labor disputes, riots, insurrections,
civil disturbances, shortage of labor or materials, fires, flood, storms,
explosions, acts of God, war, governmental actions, order of domestic or
foreign courts or tribunals or non-performance of third parties or other force
majeure condition.
Listing of counterfeits, non-licensed replicas or
unauthorized products is strictly prohibited on the site. Further no products
can be advertised on the site without the explicit permission from the
intellectual property right holder. It is clear inter-alia that all third party
intellectual property rights are owned by the third party and not DBAZ InfoNet/its users.
Under no circumstances will Company be liable, direct,
indirect, incidental, special, consequential or exemplary damages including but
not limited to, damages for loss of profit, goodwill, use, data or other
intangible losses arising out of or in connection with the use of the Services
provided by Company (“Damages”) whether arising out of or in connection with or
otherwise in relation to any business or other transaction conducted in relation
to the Service(s).
The User hereby indemnifies and holds Company harmless
against any and all losses, claims, injuries and Damages that may arise out of
the User’s breach of this Disclaimer and/or the Agreement, Illegal/Prohibited
Content, Warning against Fraud and or any breach of the terms and conditions or
the representations or warranties made by the User herein or in the
Agreement/usage terms.
Company reserves the right to change the nature of the free
and paid Services offered here or discontinue its Services to a member without
any prior notice.
This document is an electronic record in terms of the
Information Technology Act, 2000 and the provisions pertaining to electronic
records in various statues amended by the Information Technology Act, 2000.
News Guidelines
Dbaz.in News delivers magazine-like content to users.
Our ability to offer users a great reading experience
depends on the quality of the editions in dbaz.in News Section. Therefore, we
have certain guidelines in place to help us maintain consistency when
determining which editions to include in the dbaz.in News.
The following are a handful of important guidelines to
review before publishing your edition. We encourage you to pay close attention
to the content guidelines below;
General guidelines:
Cover image- Use a crisp, legible edition icon that measures
1000x1000 pixels. We also recommend using icons with solid colors, full bleed,
no rounded corners, and no unnecessary gradients or effects.
Content freshness- Editions included in dbaz.in News should
offer up-to-date content that matches the freshness of the content on your
website.
Full content- In order for an edition to be promoted in the dbaz.in
News, users must be able to read full length articles without exiting the Site.
This may require that you update your feed to include complete articles, or
create a feed specific to dbaz.in News.
Large images- Users want to see beautiful, large images. The
shortest side of an image should be 800px, but ideally larger for better
display on PC’s and Tablets.
Article display- Articles with good formatting will improve
your edition's feel; typically facilitated by a well-formatted content feed.
This includes having paragraph breaks, proper character encoding, and image
captions that appear near the associated images.
Readability- Clearly written articles with correct spelling
and grammar make for a much better user experience.
Content policies- Make sure your content complies with our
policies.
Technical guidelines:
Below are several common technical issues publishers
encounter. Note that failure to follow these guidelines may cause your content
to display incorrectly within dbaz.in News.
Valid feeds- Make sure that you have verified your RSS/Atom
feeds to avoid common errors.
Paragraph breaks- Make sure that you have breaks between
headers, sub-headers, and paragraphs.
Duplicate images- If an article contains the same image in
multiple sizes, or slightly different cropping of the same image, they may all
appear in the article.
Duplicate articles- We recommend User should avoid posting
same article more than once.
If you ensure that your edition is displaying properly and
has fresh content, you’re ready to start letting readers know about your
edition. Note that we may not be able to promote your edition to a broader
audience unless your feeds adhere to these general and technical guidelines.
We often cannot provide specific feedback for your site or
provide personalized answers regarding our guidelines. However, you can write
us for help and query on ask@dbaz.in
Dbaz.in News Content Policies
Our content policies play an important role in ensuring a
positive experience for both our users and publishing partners. Dbaz.in is a
dedicated portal for Business Community and Some Services as exception. Please
join us in this effort by respecting these guidelines. We may make exceptions
to these policies based on artistic, educational, historical, documentary, or
scientific considerations, or where there are other substantial benefits to the
audience. These policies are subject to change, so please check back for
updates that we keep on posting in Terms time to time.
Here are our content policies:
Authenticity and Reliability
Please note that to serve the purpose of making and keeping
Dbaz.in News / Dbaz.in a reliable and authentic source of News and Services, we
recommend you to publish, post only authentic and reliable News, content,
updates, products and services. You agree to take responsibility For content posted, published by you on Dbaz.in News,
Dbaz.in
Dbaz.in News, Dbaz.in can’t be held liable for any content
published, posted or included by sources, users. We recommend you to respect
the terms and policy while using and posting contents on Dbaz.in News, Dbaz.in
Spam and malware
Please keep dbaz.in News spam and malware free. Spam
includes, but is not limited to, unwanted promotional or commercial content,
and unwanted or mass solicitation. We don't allow the transmission of malware,
viruses, or anything that may disrupt the service or harm others. If User’s content is a
duplicate of content already in the corpus, your account will be reviewed for
quality and potentially deactivated.
Violence & Bullying
Incitement to violence is not permitted. This includes
literature that threatens to cause serious physical injury or death to an
individual or rallies support to physically harm others. We will also not allow
extremely graphic or violent materials for the sake of disgusting others. In
addition, content should not contain materials that harass or bully other
users.
Hate Speech
Please refrain from selling content that promotes hate or
violence towards protected groups. Protected groups are those based on race or
ethnicity, religion, disability, gender, age, veteran status, sexual
orientation, or gender identity.
Sexually explicit material
We don't allow content that contains nudity, graphic sex
acts, or sexually explicit material. Do not drive traffic to commercial
pornography sites.
Do not distribute content that exploits children, such as
child sexual abuse imagery (including cartoon child sexual abuse imagery) or
content that presents children in a sexual manner. Dbaz.in has a zero-tolerance
policy against child sexual abuse imagery. If we become aware of content with
child sexual abuse imagery, we will report it to the appropriate authorities
and delete the Dbaz.in accounts of those involved with the distribution.
Illegal Activities
Don't engage in unlawful activities on dbaz.in News. If we
are notified of unlawful activities, we will take appropriate action, which may
include removing access to our products, suspending your Dbaz.in account, or
reporting you to the relevant authorities.
Copyright
Respect copyright laws. We will respond to clear notices of
alleged copyright infringement. Repeated infringement of intellectual property
rights, including copyright, will result in account termination. Read more on Dbaz.in
terms, policies.
Malicious Products
Don't transmit viruses, worms, defects, Trojan horses,
malware, or any other items of that may harm user devices or personal data. We
don't allow content that harms or interferes with the operation of the
networks, servers, or other infrastructure of Dbaz.in or any third-parties.
Spyware, malicious scripts and password phishing scams are also prohibited on dbaz.in
News.
Personal and Confidential Information
Do not distribute other people's personal and confidential
information, such as credit card numbers, confidential national ID numbers, or
account passwords, without their permission. Note that information that is
already available elsewhere on the Internet or in public records is not
considered to be private or confidential under our policies.
Gambling
Do not distribute content that facilitates online gambling,
including online casinos, sports betting, or lotteries.
Impersonation or Deceptive Behavior
Do not use our products to impersonate other people and
don't represent that your content is authorized by or produced by another
company or organization if that is not the case.
Ranking Manipulation
Do not manipulate ranking or relevancy using techniques like
repetitive or misleading keywords or metadata, offering incentives to review
your product, or posting fake reviews..
Policy Enforcement
Dbaz.in News receives reports of policy violations through
the "Report " (Report button / Functions to introduce or update on
time to time) found in our product. Actions we may take include:
Removing the material
Disabling your access to one or more Dbaz.in products/services
Deleting your Dbaz.in account
Reporting illegal materials to appropriate law enforcement
authorities
Debiting your account and Dbaz.in is not bound to pay any refunds.
Other members who has got loss due to your actions may proceed to recover their
loss from you directly.
When an issue is undergoing content review for potential
violation of our Content Policy, we may temporarily disable content in Dbaz.in
News.
Just because a user disagrees with certain material or find
it to be inappropriate doesn't mean we'll remove it or take other action. We understand
that people may have many different points of view, and we take this into
consideration when reviewing reports of abuse.
Data Protection
If you access, use, or
process personal information made available by Dbaz.in that directly or
indirectly identifies an individual and that originated in India or Other
Country (“Personal Information”), then you will:
·
Comply with all privacy, data security, and data
protection laws, directives, regulations, and rules in applicable jurisdiction
that is India.
·
Use or access Personal Information only for
purposes consistent with the consent obtained by the individual to whom the
Personal Information relates
·
Implement appropriate organizational and
technical measures to protect the Personal Information against loss, misuse,
and unauthorized or unlawful access, disclosure, alteration and destruction
·
Provide the same level of protection as is
required by the
India Privacy Shield Principles
You will regularly monitor
your compliance with this obligation and immediately notify Dbaz.in in writing
if you can no longer meet (or if there is a significant risk that you can no
longer meet) this obligation, and in such cases you will either cease
processing Personal Information or immediately take other reasonable and
appropriate steps to remedy the failure to provide an adequate level of
protection.
Featured Section / Paid Listing:
“Featured” News / Post / Query / Product –
This is a paid service to display listings related to News /
Post / Query / Product as Featured. Prices and duration of listing as featured
depends on the deal agreed by Dbaz.in and User.
“Member” Subscription:
There are different subscriptions available. Features,
benefits, terms depend on the subscription finalized by User with Dbaz.in.
“Supporters”:
Supporters are Users who supported Dbaz.in in Building
Phase. We are thankful to our Supporters who trusted in the project started by
Dbaz.in to create a platform for business community. Supporters are Users and
not part of Dbaz.in as Company.
“Advertisers, Sponsors and Service Partners / Service
Providers”:
Advertisers and Service Partners / Service Providers are
Users who contributed with offers and benefits for Users of Dbaz.in. Offers,
Deals, Prices, Duration of Advertisement, Terms & Conditions, Benefits of
Joining Dbaz.in as Advertisers and Service Partners / Service Providers may
vary case to case.
However, rest Privacy Policy, Terms and Conditions, Other
Agreements of Dbaz.in website are applicable to all categories, mentioned in
this section, over and above deal based terms.
Privacy Policy
DBAZ InfoNet (hereinafter known as DBAZ.IN, dbaz.in or "the
company" / Company) is the owner of online sourcing marketplace referred
to as "site". This Privacy Policy governs your use of the site and
the collection and use of your information by dbaz.in. We are committed to
safeguarding users Privacy and this document sets out to make it clear how we
are using your personal and business information and the ways with which you
can protect your privacy. By using this site you consent to our Privacy Policy
as set out in detail below and the same is applicable across all sites of the
company.
The company stores temporarily or as an intermediary User information
on computers that are protected by physical as well as technological security
devices. The Company records the IP address(es) of
each user of the Site and tracks it's Users by the use
of " Cookies" inter-alia in compliance with statutory regulations and
for security reasons. If the user objects to any of this please do not use the
site(s).
At the time of registration you are requested to complete a form
providing us with information regarding your name, company name, address,
email, telephone and other personal information as well as your business
information. Further if you submit any information to be published on the site
including but not limited to Company Profile, Product Catalog, Product
Pictures, Trade Leads then you are deemed to have given your consent to the
publication of such information.
By using the site you consent to the collection, storage and use of
your browsing sequence on this website. We share this information with trusted
3rd parties only for the purpose of showing you marketing communications of
interest. No personally identifiable information is shared except when the law
requires so or it is permitted in terms of this policy. We do not otherwise
sell, rent, trade or exchange any personally identifying information of our
users.
In order to support many of the services that we provide on a free
basis to our visitors we display advertisements based on usage trends and
visitor statistics. User's personal and business information is used to serve
targeted advertising through the companie’s website/websites,
customized e-mailers, newsletters etc. Further once the users
information is displayed on the websites the user may start receiving enquiries
through SMS, Mails, Phone etc over which dbaz.in has
no control.
We employ various security measures to prevent unauthorized access,
maintain data accuracy and ensure proper use of information. These measures are
both electronic as well as physical but at the same time no data transmission
over the net can be guaranteed to be 100 % secure. Also it is advised to please
keep in mind that the personal and business information posted online is
accessible to the public and hence you may receive unsolicited communication
from other parties.
dbaz.in respects your right to Opt Out. Third party vendors use cookies
to serve ads on the site. Third Party Vendor’s use of the cookies enables it
and it's partners to serve
ads to our Users based on their visits to our Websites and /or other sites on
the net. Also analytics and on site personalization services are provided by
Adobe as well as advertising services to help companies measure the use of
their websites or tailor their online ads based on the likely interests of
their users.
1. Defined Terms
Unless repugnant to the subject or context, the words
appearing herein below shall have the meanings as set forth below:
"Agreement" shall mean this User Agreement and
shall include the User application form duly completed, its attachment(s) and
the terms and conditions stated herein and includes the documents incorporated
by reference including the Illegal/Prohibited Content, Disclaimer, Warning
against Fraud, Contract Form/Bill terms and conditions and such other documents
that Company may in its absolute discretion add to the Site from time to time.
It shall be deemed to have been executed at Jodhpur.
"Banner" means a service offered to a User wherein
a graphic image is placed on the Site and used to advertise the product(s)
and/or service(s) of the User and this graphic image may have link to the
User's own website.
"Contact" means a service offered to a User on the
Site which helps the User to connect with other Users who have subscribed to
this service on portal. In order to receive enquiries from prospective buyers,
prospective sellers, on the Site, user can subscribe to this service by paying
money to activate. The Company may offer this Service on a trial basis to
Users, as well.
“Company" means DBAZ InfoNet, having its registered
office at 170, Korna House, Inside Jalori Gate, Jodhpur, India, along with its unit for the
Company's website called dbaz.in.
"Date of Commencement" of service i.e. live
hosting of product is the date indicating the acceptance of the application by
the User to the Service. It shall be specified by the Company in its notice to
the User either through notification in profile, e-mail or conventional mail.
"Date of Termination" means the date when the
User's subscription comes to an end. It shall be specified by the Company in
its notice to the User either through e-mail or conventional mail.
"Illegal/Prohibited content" means the content
Hosted on the Site which is either illegal or prohibited by law or both and
includes content which has been specifically set forth on the Site as such.
"Party" or "Party(ies)"
means the User and/or the Company in reference to the context.
"Registration Data" is the database of all the
particulars and information supplied by the User on initial application and
subscription, including but not limited to the User's name, telephone number,
mailing address, account and email address.
"Sensitive Personal Data/Information" means such
personal information of a User which consists of information relating to:-
password(s) :
financial information such as Bank account or credit card or
debit card or other payment instrument details
physical, physiological and mental health condition
sexual orientation
medical records and history
Biometric information or
any detail or information relating to the above clauses
provided by User.
Provided that, any information that is freely available or
accessible in public domain or furnished under the Right to Information Act,
2005 or any other law for the time being in force shall not be regarded as
Sensitive Personal Data/ Information for the purposes of the Agreement.
"Services" means the Services provided by the
Company to the User and Services that may be provided by the Company and/or dbaz.in
from time to time.
"Site" means dbaz.in and includes any link which
opens with the Site and unless repugnant to the subject and context thereof
includes other websites operated by the DBAZ InfoNet.
"Tenders" is a service provided by the Company
whereby the User can access a database that contains the latest information on
tenders floated by government and private organizations all over the globe.
"Trade Leads" is a service provided to a User
wherein a User posts information about a particular product and/or service that
he wishes to procure or sell.
"Verified Badge" / “Authentic” / “Authenticity”
“Rating” are factors offered through a process and a paid service offered to a
User wherein the User permits the Company to undertake verification of user
through a unique process. However it is not a guarantee of any business
confirmation or credibility. One can go through third party service to check
records and trustworthiness of the user. It may take time to build rating. This
process will be updated time to time to offer better services to user.
"User" is defined as a person whether legal or
juristic, or any body, corporate who makes use of the Site in any manner and
includes all individuals and/or corporate members/subscribers who use the
Services provided by the Site, whether or not for any payment. The term 'User'
includes the User's successors and authorized officials of the User's business
who have permission to use the Services on the Site on behalf of the User; and
Users that obtain a trial membership to use the Site and User's that log in as
a 'guest' to use the Site. Each registered User is given a unique User ID by
the Site.
The headings and subheadings herein are included for convenience
and identification only and are not intended to describe, interpret, define or
limit the scope, extent or intent of this Agreement, the terms and conditions,
notices, or the right of use of the Site by the User or any provision hereof in
any manner whatsoever.
2. Prohibited Content & Consents
A. The Company DOES NOT permit a User to host, display,
upload, modify, publish any information, transmit, update or share OR provide
any services or data, information or any Illegal/Prohibited Content. The User
hereby represents and warrants that it shall not display, list, upload, modify,
publish any information, data or materials and/or transmit or share anything
that:
belongs to another person and to which the User does not
have any right to;
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 whatsoever;
harm minors in any way;
contain fraudulent information or makes fraudulent offers of
items or involve the sale or attempted sale of counterfeit or stolen items or
Illegal/Prohibited items or items whose sales and/or marketing is prohibited by
applicable law, or otherwise promote other illegal activities;
infringes any patent, trademark, copyright or other
proprietary rights of any party;
violates any law for the time being in force;
is a part of a scheme to defraud other User(s) of the Site
or for any other unlawful purpose;
deceives or misleads the addressee about the origin of such
messages;
communicates any information which is grossly offensive or
menacing in nature;
relates to sale of products or Services that infringe or otherwise
abet or encourage the infringement or violation of any third party’s copyright,
patent, trademarks, trade secrets or other proprietary right or rights of
publicity or privacy, or any other third party rights;
impersonates another person;
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer resource; and/or codes that have the effect of damaging, interfering
with, intercepting or expropriating any software or hardware system, data or
personal information;
contains any material that constitutes unauthorized
advertising or harassment (including but not limited to spamming), invades
anyone’s privacy or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any law or
regulation;
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 cognisable
offence or prevents investigation of any offence or is insulting any other
nation;
is in contravention of the Information Technology Act, 2000
and any other law for the time being in force;
opens links directly or indirectly to or include descriptions
of goods or Services that are prohibited under the prevailing law; or
Otherwise creates any liability or adverse publicity for the
Company.
B. As a condition of use of the Service and the Site, the
User warrants that it/they will not use the Site for any purpose that is
unlawful or illegal under any law for the time being in force within or outside
India or prohibited by these terms, conditions, and notices including both
specific and implied. In addition the Site shall not be used in any manner,
which could damage, disable, overburden, or impair it or interfere with any
other party's use and/or enjoyment of the Site. The User shall refrain from
obtaining or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Site.
C. Listing of counterfeits, non-licensed replicas or
unauthorized products is strictly prohibited on the site. Further no products
can be advertised on the site without the explicit permission from the
intellectual property right holder. It is clear inter-alia that all third party
intellectual property rights are owned by the third party and not Infocom/its users.
D. By acceptance of this Agreement and these terms &
conditions, the User hereby agrees that it has obtained all requisite consents,
licences, approvals and permissions from all
requisite governmental and statutory authorities for the goods and services it
shall publish/sell/display/add on the Site.
3. Agreement between User and Company
A. The User understands that the Company through the Site
provides space of profile to host services to its Users. All Content listed on
the Site is third party User generated content which is transmitted and/or
hosted on the Site. Company neither originates nor initiates the transmission
nor selects the sender and receiver of the transmission, nor modifies the
information contained in the transmission.
B. The Site is operated by DBAZ InfoNet and its
affiliates/associates. The Services are offered to the User conditioned on the
acceptance of the User without modification of the terms, conditions, and
notices contained herein. Use of the Site by a User constitutes agreement to
all such terms, conditions, and notices. If the User does not agree with any
part of the Agreement, these terms, conditions and notices, it/they must not
use the Services.
C. Most content and some of the features on the Site is made
available to Users free of charge. However, Company reserves the right to
terminate access to certain areas or features of the Site to Users at any time
with or without giving any reason, with or without notice. Company also
reserves the universal right to deny access to particular Users to any/all of
its Services and/or content without any prior notice/explanation in order to
protect the interests of Company and/or other visitors to the Site. Company
reserves the right to limit, deny or create different type access to the Site
and its content features with respect to different User(s), or to change any of
the features or introduce new features without prior notice.
D. Company reserves the right to list its registered Users
on the Site and as well as on other network portals run by the Company. In case
a User does not want to be listed on the Site or on any of our network portals,
they can communicate the same to us in writing by sending an email to ask@dbaz.in.
E. Users are advised to exercise due caution while
transacting with a prospective buyer or a seller on the Site. Users must
undertake interaction or transaction with organizations and/or individuals
located on or through the Site, with reasonable caution and after undertaking
thorough diligence on such organization and/or individual. Neither the Company
nor its director’s, employees, officers or agents shall be liable to any User
or otherwise, for any illegal or fraudulent interaction or transaction with
organizations and/or individuals located on or through the Site.
4. Amendments/Modification of Terms of Use
The Company reserves the right to change the terms,
conditions, and notices under which the Services are offered, including but not
limited to the changes associated with the User of the Services and changes on
account of legal and/or statutory amendments. The User is responsible for
regularly reviewing these terms and conditions and is advised to regularly
check for any amendments or updates to the terms and conditions contained
and/or the Agreement. All amendments become effective immediately upon our
posting to the Site.
5. Warranties and Disclaimer
A. Company has endeavoured to
ensure that all the information on the Site is correct, however Company neither
warrants nor makes any representations regarding the accuracy or completeness
of any data or information contained on the Site. This Company disclaims any
liability, responsibility or any other claim, whatsoever, in respect of any
loss, whether direct or consequential, to any User or any other person, arising
out of or in connection with the use of the information, data and/or materials
contained on the Site.
B. Company does not make any representation or warranty as
to the attributes such as for quality, worth, marketability, etc. of the items
or Services proposed to be sold or purchased by the Users of the Site. Company
accepts no liability for any errors or omissions, whether on its behalf or on
behalf of third parties, in this regard.
C. Company does not make any representation or warranty as
to the attributes to legal title, creditworthiness, identity, etc. of any kind
about any product or services offered, displayed or hosted on the Site of its
Users. Company, through unique verification process, is putting an effort to
create a clean and healthy business network. The User is advised to
independently verify the bona fides of any particular User that it chooses to
deal with on the Site.
D. Company may undertake research and investigation through
some of repute private agency/agencies for some of its services. The
information report created from such research and investigation is only
provided to you as a tool to help your business and/or as an authentication of
your existence as a business entity.
E. The Company does not collect any Sensitive Personal
Data/Information of a User.
F. Company conducts several in profile mail/phone enquiries
on its Site to provide the Services, Company however does not have a mechanism
to verify the credentials of these enquiries, hence buyers & sellers are
advised to exercise due caution in dealing with these enquiries &
finalizing business deals.
G. The Company provides the Site and Services "as
is" and without any warranty or condition, express, implied or statutory
and specifically disclaims any implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement. The User expressly agrees
that use of the Site is at its own risk.
6. Membership Eligibility
The use of the Site is available only to persons who can
form legally binding contracts under applicable law of country / countries.
Persons who are "incompetent to contract" within the meaning of the
Indian Contract Act, 1872 including minors, un-discharged insolvents etc. or
User’s country Law are not eligible to use the Site. A minor i.e. under the age
of 18 years, cannot register as a member of the Site. The Company reserves the
right to terminate the User membership and may refuse to provide the User with
access to the Site if Company discovers that the User is under the age of 18
years. The Site is not available to persons whose membership has been suspended
or terminated by Company unless specifically invited by the Company. If the
User is registering as a business entity, the User hereby represents and
warrants that the User has the authority to bind the entity to this Agreement.
7. Electronic
Communications
A. The User hereby consents to receive communications from
the Company electronically. The Company may communicate with the User by email
or by posting notices on the Site. The User hereby agrees that all agreements,
notices, demands, disclosures and other communications that the Company sends
electronically including by posting on Site, satisfy the legal requirement that
such communication is in writing.
B. User hereby authorises Company
to contact them periodically using mediums like telephone, mailers or any other
means, direct or indirect, in regard to their account information, special
offers, surveys, research etc. If a User does not wish to receive calls/other
communications from Company or its employees, they must inform Company in
writing by sending an email to ask@dbaz.in.
C. All calls made to user by the company are / may be periodically
recorded for internal training and quality purposes only. All updates done by
user to their data, by visiting the site or through verification mailers are /
may be recorded for future reference.
8. Platform for Communication
The Site is also a venue where Users may interact with one
another for their transactions. Company is not and cannot be a Party to or
control in any manner any transaction between two Users of the Site.
Consequently:
Company is not responsible for any non-performance or breach
of any contract entered into between Users. Company cannot and does not
guarantee that the concerned Users will perform any transaction concluded on
the Site. Company shall not and is not required to mediate or resolve any
dispute or disagreement between Users.
The Site is also a channel of communication whereby the
Users can reach a growing base of persons in the global import-export market.
The Company is only providing a platform for communication and it is agreed
that the contract for sale of any of the products or services shall be a
strictly bipartite contract between the seller and the buyer, respectively. At
no time shall the Company have any obligations or liabilities in respect of any
such contract. The Company is not responsible for unsatisfactory or delayed
performance of any services and/or delayed delivery of goods or damages or
delays as a result of items which are out of stock, back ordered or otherwise
unavailable to any User. The Company shall not be liable for any product or
services offered on the Site. All goods and Services Hosted on the Site are
those of the User(s)/Supplier(s) etc. unless otherwise mentioned therein.
The User independently agrees upon the manner and terms and
conditions of delivery, payment, insurance etc. with the other registered Users
or third parties that it may interact with on the Site.
Notwithstanding its reasonable efforts in that behalf,
Company cannot control the information provided by other Users which is made
available on the Site. The User may find other User's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using the Site. Please note that there are also
risks of dealing with foreign nationals, underage persons or people acting
under false pretences.
9. Ratings
The Company encourages Users to 'rate' the companies they do
business with on this site. Trade lead /
User / Services Ratings are based on actual responses (positive or
negative, research, process) that Users receive while transacting with various
parties. Buyers rate sellers on service and product quality. In turn, sellers
rate buyers based on ease of transaction, timely payments etc. The following
points should be considered when rating.
Do NOT abuse the Rating system. Abuse of the Rating system
includes using the user id of another User or the Users own secondary user ids
to raise the Users own rating or lower the rating of another member; or the use
of threatening, abusive, racially vilifying, discriminatory or profane
language. If the User's language is in any way offensive, the offended User can
initiate legal proceedings against the User and shall be held liable for the
comment.
The Company reserves the right to delete any rating without
prior notice and/or at its sole discretion upon an investigation into the
rating. The ratings system promotes freedom of expression on Company, however
the Company encourage Users to rate other Users singularly based on their
experiences while transacting business. The Company shall remove Users feedback
only in exceptional circumstances.
The Company reserves the right to suspend and reactivate any
user id depending on negative or positive ratings of the particular User. Company
may also caution Users transacting with buyers/sellers who have been suspended.
Once a User is suspended, all live business leads of that User will be closed
and business leads that are loaded shall be deleted as well.
If the User feels that an unfair rating has been received or
there is any evidence of any abuse of the rating system, please contact the
Company.
The Company shall not be held liable under any circumstances
for the data or information and/or content of a Rating.
10. Breach
Without limiting other remedies, Company shall remove and
disable all such content on the Site; may limit the Users' activity,
immediately remove or end the Users listing, warn other Users and immediately
temporarily/indefinitely suspend or terminate the User’s membership, and/or
refuse to provide the User with access to the Site if:
User displays any information, data which is illegal or
prohibited by any law for the time being in force including but not limited to
the Illegal/Prohibited Content;
User is in breach of the User Agreement or the documents it
incorporates by reference;
Company is unable to verify or authenticate any information
the User provides;
It is believed that the User actions may cause legal
liability for the User, other Users or the Company;
A User puts any material into the Site systems which
contains any viruses, Trojan horses, worms, time bombs or other computer
programming or similar routines that may damage, interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
A User is unable to produce, when asked for by the Company,
a certified copy of a consent, licence, approval,
permission or similar certification requisite for goods and/or services a User
proposes to Host/has Hosted on the Site;
Any monies payable by the User to the Company are not paid
on the due date; or
A complaint is received by the Company from another User or
a third party and necessary action to resolve the complaint is not taken within
10 (ten) days by such User.
Company may at any time at its sole discretion reinstate
suspended Users. User(s) that has been indefinitely suspended may not register
or attempt to register with Company or use the Site in any manner whatsoever
until such time that such User is reinstated by Company. Notwithstanding the
foregoing, if the User breaches the Agreement or the documents it incorporates
by reference, Company reserves the right to recover any amounts due and owing
by the User to Company and to take strict legal action including but not limited
to initiating criminal proceedings against the User in this regard.
11. Authenticity / Authentic / Verified Badge
The Company uses several tools and techniques to verify the
accuracy of the given information by its registered Users. For the comfort of
Users, Company may offer the this tool (3rd party verified report) which
provides Users with more authentic information about a listed company (wherever
applicable). We encourage Users to use this tool available on the Site, as well
as business sense, to evaluate with whom the User is dealing. However, in no
event shall the Company be liable for any direct, indirect, incidental,
punitive, or consequential damages of any kind whatsoever with respect to the
offered tool, services and/or the contents thereof. The Company hereby
specifically disclaims any liability on account of a User's reliance upon any
content.
12. Privacy
Please check Privacy Policy
13. Use of User
Information for promotions by Company
A. Company may use the User Information, Data or materials
(“Collected Information”) to execute marketing campaigns, promotion or
advertising messages on behalf of third parties. The Collected Information does
not qualify as Sensitive Personal Data/Information. The Collected Information
does not/will not be disclosed to third party(ies)
unless you respond to the marketing, promotion or advertising message sent by
such third party(ies). The Collected Information may
be transferred, stored, used and processed at any place worldwide by the
Company.
B. In case of a merger, amalgamation or a ‘buy-in’ or
‘buy-out’ or a financial or strategic tie-up or similar alliance of/by the
Company, the Collected Information may be transferred or assigned to the entity
with whom the Company is entering into a merger, amalgamation, ‘buy-in’ or
‘buy-out’, financial, strategic or similar alliance with, as the case may be.
If a User objects to this collection and/or transfer/assignment, please do not
use the Site.
14. Confidentiality
A. All information and data submitted and/or Hosted by the
User shall become the property of the Company. Except for disclosures of the
nature set forth herein including in Clause 13, Company shall not release any
such data and information without the prior consent of the User.
B. The User has access to only his own data and information
stored in the database at the Company (subject to prior confirmation of
identity) and nothing more. The User may edit or amend such data and
information from time to time provided the terms and conditions and this
Agreement are complied with.
C. All confidential information (including name, e-mail
address etc.) voluntarily revealed by the User in Member areas, is done at the
sole discretion and risk of the User. If such information is collected by a
third party using the Site and misused or results in unsolicited messages from
such third parties, then such actions are beyond the control of Company and the
Company accepts no responsibility or liability whatsoever for such actions.
D. The Company does not require a User to disclose to its
employees and/or other User’s any Sensitive Personal/Confidential Information
on the Site.
E. The User is cautioned not to reveal any Sensitive
Personal/Confidential Information to third parties on the Site.
15. Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual
property rights in relation to any of the Services of the Company shall become
and remain the sole and exclusive property of the Company and the User shall
have no claim to the same. In the event the User has contributed to any content
in any manner whatsoever on the Site, all intellectual property rights to the
same shall become the absolute property of the Company, including all
intellectual property rights therein and the User shall have no right or claim
over the same. In the event that the User during the term of this Agreement or
any time thereafter, uses such intellectual property in any other website or
related activity, the same shall be considered as an infringement of the
intellectual property rights of the Company and the Company shall have the
right to take recourse to such legal remedial action as it is best advised at
the risk and costs of the User.
16. Waiver and Severability
The failure of the Company to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found to be invalid and/or
determined to be invalid or unenforceable in (whole or in part) by a court of
competent jurisdiction, the Parties agree that the Court shall endeavour to give effect to the Parties' intentions as
reflected in the provision, and all the other provisions of this Agreement
shall remain in full force and effect.
17. Limitation of Liability
In no event shall the Company be liable for:
any indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if the Company has been
advised of the possibility of such damages) arising out of or in connection
with the Site, its Services or this Agreement (however arising, including
negligence); and/or
any delay or failure or disruption of the content or
services delivered through the Site 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, strike, labour
disputes, riots, insurrections, civil disturbances, shortage of labour or materials, fires, flood, storms, explosions, acts
of God, war, governmental actions, order of domestic or foreign courts or
tribunals or non-performance of third parties or other force majeure condition.
The Company, its associates and technology partners make no
representations or warranties about the accuracy, reliability, completeness,
and/or timeliness of any content, information, software, text, graphics, links
or communications provided on or through the use of the Site or that the
operation of the Site will be error free and/or uninterrupted. All such
warranties, representations, conditions and undertakings are hereby excluded.
User(s) acknowledge that inability to use the website wholly
or partially for whatever reasons may have an adverse effect on its business.
The Company assumes no liability whatsoever for any monetary or other damage
suffered by the User including on account of any one or more of the following:
The delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Site or the
Services;
The use or inability to use the Site or the Services;
Any interruption or errors in the operation of the Site or
the Services;
Any unauthorized access by third parties (or User’s) to data
or sensitive Personal Data/Information or other private information of a User;
Any false, misleading or incorrect data or information
Hosted on Site by a User or false misleading or incorrect statements or conduct
of a User;
Any violation of third party rights or claims or demands
whatsoever in relation to the products or Services Hosted on the Site;
Any matters relating to Services and/or the Site however
arising, including negligence.
Notwithstanding anything contained herein, the Company's
liability in any and all circumstances shall be limited to the lesser of the
amount of fees and/or charges paid by the User to Company or Rs. 5,000/-
(Indian Rupees Ten Thousand) or the US$ Dollar equivalent thereof (Limited to
Users paid for subscription of the Company)
18. Indemnity Clause
The User admits and acknowledges that:-
The Company cannot take responsibility or control the
information provided by the Users, which is made available on the Website of
the Company as the Company has provided information, display of the products of
the User on its Website in good faith and solely based on representations of
the User, which the Company has no reason to disbelieve.
The User shall be solely and exclusively responsible in
respect of all or any liability arising out of any sale of any product/services
and/or consequent to any display of any product or its description and features
as the Company has only provided the link to the User and nothing more.
The Company in no way may be held liable for User provided
information that may turn out to be offensive, harmful, inconsistent,
inaccurate, or deceptive.
The Company has no obligation to monitor the information,
products and/or materials posted on the Website of the Company although the
Company shall at is sole discretion and without assigning any reason whatsoever
shall have the right to remove or edit any content or information that in its
sole discretion violates or is alleged to violate, any applicable law, rules or
regulations or the spirit or letter of these Terms of Use. Notwithstanding this
right, the User remains solely responsible for the content, information, product,
service or the materials uploaded on the Website of the Company.
The User has represented that it has all rights in the
products and service and the content provided on the Website of the Company in
respect of the products or service does not and shall not infringe any
applicable law, rules or regulations and does not infringe the trademark,
copyright and/or the patents or any other proprietary or any other rights of
any third party in the said product or service and such product, service or its
content does not contain libelous, tortious, or any unlawful information in any
manner whatsoever.
The Company has the right to advice the prospective
guest/client to exercise caution and display a disclaimer in respect of the
fact that the Company has no liability of any kind or nature whatsoever and is
not promoting or endorsing any product or service and that the Company is only
giving the uploading rights to the User to upload its product or service and
its contents on the Website and that the Company shall not be responsible or
liable for the quality, quantity, description, content and/or other information
in respect of the product and/or service.
The prospective guest/client may not be registered on the
Website of the Company and if an inquiry is sent by the Company to a User
listed on the Website of the Company, the Company takes no responsibility about
the veracity/genuineness of the prospective guest/client or its whereabouts and
the Company has only in good faith forwarded such inquiry to the User and the Company
would not entertain any claims of any kind or nature whatsoever from the User
or any other person in connection with any act, deed, thing or any act of
omission or commission done or committed by the guest/client.
The User further hereby indemnifies and keeps the Company
and its Owners/Partners/Directors, Managers, officers, employees,
representatives and/or any other persons in day to day incharge
and management of the Company harmless and indemnified against any costs,
damages, liabilities or other consequence of any of the actions taken by any
person in respect of any product or service sold or displayed and/or in respect
of any contents of the said product including on account of any of the factors
mentioned in the foregoing sub-pargraph (i) to (vii) above.
The User further undertakes that if the Company were to
incur any cost/loss/penalty etc. on account of any act or deed of the User or
their clients in relation to the display or sale of any product or its contents
etc. than the User shall indemnify the Company and its Owners/Partners/Directors,
Managers, officers, employees, representatives and/or any other persons in day
to day incharge and management of the Company
indemnified and harmless against any such cost/loss penalty etc.
The User further undertakes that if the Company is made a
party to any of the litigation by any person or in any proceeding initiated by
any Government agencies than the User shall indemnify the Company and its Owners/Partners/Directors,
Managers, officers, employees, representatives and/or any other persons in day
to day incharge and management of the Company in
respect of any cost or expenses incurred in defending any such action and the
User shall without demur reimburse the cost, expenses to the Company as is
demanded by the Company from the User.
19. Notices
Except as explicitly stated otherwise, all notices to the
Company shall be given by the User by postal mail to DBAZ InfoNet,
170, Korna House, Inside Jalori
Gate, Jodhpur - 342001 India or e-mail to: - ask@dbaz.in
(in the case of the Company) or to the email address the User provide during
the registration process (in case of the User). Alternatively, the Company may
give the User notice by certified mail, postage prepaid and return receipt
requested, to the address provided to us during the registration process. In
such case, notice shall be deemed given 3 (three) days after the date of
mailing.
20. Third Party
Content, Sites and Services
A. The Site and content available through the Service may
contain features and functionalities that may link or provide the User with
access to third party content which is completely independent of the Site,
including web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the
Internet as a whole.
B. User's interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the User and such
organizations and/or individuals. The User should make whatever investigation
necessary or appropriate before proceeding with any On-line transaction with
any of these third parties.
C. The User agrees that the Company shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this Site, or between
Users and any third party, the User understands and agrees that the Company is
under no obligation to become involved. In the event that the User has a
dispute with one or more other Users, the User hereby releases the Company, its
Owners/Partners/Directors, officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or the Service(s).
D. Company has established relationships with third parties
to offer User the benefit of other products and services which the Company does
not offer. The Company offers User access to the third parties website(s)
either through the use of hyperlinks to their sites from the Site, or by
offering “co-branded” or third party websites in which both the Company and
these other/third parties share the same uniform resource locator, domain name
or pages within a domain name on the Internet. In some cases User may be
required to submit information for purposes of registering or applying for
products or services provided by such third parties or co-branded partners. The
User terms and privacy policy of such third parties may differ from ours, and
the Company does not have any control over the information that a User may
choose to submit to such third parties or co-branded sites. Company therefore
encourages all User(s) to read the third party usage terms and conditions and
privacy and other policies policy before responding to any offers, products or
services provided by such other parties and/or using their Website(s). Company
does not endorse or otherwise accept responsibility for the content or privacy
or other policy of such co-branded third party Site.
E. Company offers promotions to the User on the Site &
also put efforts in promoting clients & their offered products/services on
various popular search engines. Results of promotion on search engines are
never guaranteed and it takes considerably time and effort for any results to
appear on any search engine. Similarly, any search result appearing on any
search engine cannot be removed/withdrawn immediately, it gets removed
periodically as per the policy of a search engine on which company or its
employees has no control. Every User must immediately advise Company about any
Illegal/Prohibited or other such content that appearing on the Site for
appropriate legal action.
F. Company works with the principle of serving clients with
the best possible & prompt services. However it is important to note that
to make any change requested by Users the Company needs a minimum 24 - 48
business hours on best efforts basis to deliver the same as per User
requirement unless otherwise stated.
21. Relationship of the Parties
It is clarified that there is no agency or/and partnership
or/and joint venture or/and employee-employer or/and franchiser-franchisee
relationship between the Company and any User.
22. Suspension, Reinstatement and Refunds
A. Without prejudice to any other rights or remedies that
may be available to it, the Company may suspend all services provided, remove
and/or disable any and all User Hosted data and content and/or limit access
rights of a User for a breach or violation as is set forth herein.
B. User hereby authorises Company
to remove and/or disable User hosted data and/or content or to limit Services
to a User against whom a complaint is received, which remain unresolved or is
not amicably settled with thirty (30) days of the date of the complaint by the
aggrieved User.
C. When the Service subscribed for is suspended without
remedy for more than 45 (forty five) days, the Company shall have the option to
terminate the membership of the User and the consequences set forth in Clause
23 shall follow.
D. The Company may at its discretion and subject to such
terms as it deems proper, reinstate a User and/or User Hosted data and re-start
a Service
E. A User dissatisfied with a Service may request Company
for a refund provided the request is made in writing and addressed to the Company
in terms of Clause 25. The refunds may be made by the Company after making
deductions for work done on for the User on creation, designing & promotion
etc. or duration of Services used by the User or otherwise. However, all
subscriptions are non-refundable and decision of processing any refund depends
on Company.
F. In case, due to whatever reason(s), if an Advertiser asks
for cancellation of advertisement, 50% of the amount paid will be deducted by
the company as cancellation charge. Additionally on pro-rata basis deductions
from the total amount paid by the Advertiser will be done as per the
consumption of advertisement based on the live duration of the given
advertisement vis-a-vis total period booked.
23. Termination of Agreement
A. The User hereby agrees that Company, in its sole
discretion, has the right (but not the obligation) to delete or deactivate a
User account, block its email or IP address from the Site, or otherwise
terminate its access to or use of the Service (or any part thereof) and/or the
Site immediately and without notice, and remove any content Hosted within the
Service/Site, for any reason, including, without limitation, if Company
believes that the User has acted inconsistently with this Agreement. Further,
the User agrees that Company shall not be liable whether for refunds or
otherwise, to the User or any third-party for any termination of the Users
access to the Service. The User agrees that it shall not attempt to use the
Service after the Date of Termination.
B. If the Company terminates User(s) membership, User(s)
will not have the right to re-enroll or join Site under a new account or name
or an alias unless formally invited to do so by the Company. Notwithstanding
any contained herein, no membership charges will be refunded to a User in case
of termination.
24. Liabilities upon Termination
A. Without prejudice to any rights or remedies available to
the Company, the User shall upon termination of the Agreement be liable for
payment of any balance fees or charges payable until the Date of Termination.
B. The amounts due and payable to the Company by the User
upon termination shall be payable within 30 (thirty) days of the Date of
Termination.
25. Grievance Redressal
For any complaints and grievances, User may contact The
Grievance Officer, DBAZ InfoNet, 170, Korna House, Inside Jalori Gate,
Jodhpur - 342001 India; or email: ask@dbaz.in
All complaints to the The
Grievance Officer shall be made in writing giving a detailed description of the
complaint/grievance of the User.
The Grievance Officer shall redress all complaints within
one (1) month from the date of receipt of complaint.
26. Arbitration Clause for Dispute
Any dispute or difference of any nature whatsoever arising
out of or in relation to this Agreement including in respect of the indemnity
clause of this Agreement shall be finally decided by a Sole Arbitrator to be
nominated by the Owner/Owners/Partners/Directors of the Company (hereinafter
referred as "the nominating authority"). The Sole Arbitrator so appointed
by the nominating authority shall be a practicing Advocate of not less than 5
years in practice or a retired judge of the High Court. The User shall not be
entitled to raise any objection to any such Sole Arbitrator appointed by the
nominating authority on any ground whatsoever. The arbitration shall be held in
accordance with the provisions of the Arbitration & Conciliation Act, 1996
or any other applicable law at the relevant point of time. The language of the
arbitration shall be English and the award rendered in arbitration shall be a
reasoned award in writing and shall be conclusive and binding on the parties.
The venue of arbitration shall be at As Suggested by DBAZ InfoNetor Jodhpur, India.
27. Governing Law and Jurisdiction
This Agreement and any dispute or matter arising out of or
in connection with and/or incidental to the use of the Site and/or the Services
shall be governed by the laws of India without regard to its conflict of laws provisions.
The User and the Company hereby irrevocably submit to the
sole and exclusive jurisdiction of the courts at Jodhpur, India.
This document is an electronic record in terms of the
Information Technology Act, 2000 and the provisions pertaining to electronic
records in various statues amended by the Information Technology Act, 2000.
FRAUD WARNING
All Users are advised to be very careful while doing
business with individuals, trade body (Private or Govt.), corporates or
companies from any part of the world.
Users are advised to exercise due caution while transacting
with a prospective buyer or a seller on the Site. Users must undertake
interactions or transactions with organizations and/or individuals located on
or through the Site, with reasonable caution and after undertaking thorough
diligence on such organization and/or individual. Neither the Company nor its owners/partners/director’s,
employees, officers or agents shall be liable to any User or otherwise for any
illegal or fraudulent interaction or transaction with organizations and/or
individuals located on or through the Site.
Users are advised to not send any advance money/legal fee or
products unless there is cash in your account or an irrevocable letter of
credit from the buyer, duly authorised by the buyer’s
bank.
Users are advised not to transact business unless full
payment is made to you before shipping of the products.
CREDIT CARD SCAMS - When a User receives any online Order
paid by Credit Card, it is recommended that you ask for a written Credit Card Authorisation to be faxed to you. Please get validity of
the Credit Card checked with your Bank or contact VISA, Master Card or American
Express directly. Unless the validity of the Credit Card is confirmed, please
do not ship any goods.
BANK DRAFT SCAMS - BANK DRAFT SCAMS - There have been cases
of people receiving Bank Drafts with unauthorised
printing of Bank Names. Before shipping any product or advancing a partial cash
advance, you must wait for the Bank to clear the Bank Draft/Check.
Registration/License/Tender Fee SCAMS - Cases have been
reported where an offer is sent to buy a large number of goods after the seller
pays them a Registration/License/Tender Fee. They post Offers to BUY large
quantity of Computers and other material. Once you submit your bid; you will be
notified that your Tender has been accepted. You will then be asked to pay for
Legal fees and Tender Fee. DO NOT PAY ANY FEE. Don't ship any Computers/Other
products unless you have the cash in your account confirmed by your bank.
This document is an electronic record in terms of the
Information Technology Act, 2000 and the provisions pertaining to electronic
records in various statues amended by the Information Technology Act, 2000.
PART 1
GENERAL PROHIBITIONS
1.1 You may not post or sell any item
that is restricted or prohibited by a federal, state or local law in any
country or jurisdiction. Please be aware that the www.dbaz.in website
(hereinafter the dbaz.in, which includes and is not limited to its sub-domain
function as a global sourcing marketplace; thus the selling or posting of items
may be prohibited because of laws outside of the jurisdiction where you reside.
Below, we have listed some categories of prohibited or restricted items.
HOWEVER, THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE; YOU, AS THE SELLER, ARE
RESPONSIBLE FOR ENSURING THAT YOU ARE NOT POSTING AN ITEM THAT IS PROHIBITED BY
LAW IN ANY JURISDICTION. Unless otherwise indicated and annotated accordingly
below, the list of prohibited or restricted items as listed shall be applicable
to www.dbaz.in Website.
For the purposes of this Product Listing
Policy, transactions which are supported by the dbaz.in Transaction Services
Agreement shall be “Relevant Online Transactions”.
1.2 dbaz.in has chosen to also prohibit
the posting of items which may not be restricted or prohibited by law but are
nonetheless controversial including:
(a) Items that encourage illegal
activities (e.g. lock pick tools, synthetic urine for cheating drug tests);
(b) Items that are racially, religiously
or ethnically derogatory, or that promote hatred, violence, racial or religious
intolerance;
(c) Giveaways, lotteries, raffles, or
contests;
(d) Stocks, bonds, investment interests,
and other securities;
(e) Pornographic materials or items that
are sexual in nature;
(f) Items that do not offer a physical
product or service for sale, such as digital currencies and advertisements
solely for the purpose of collecting user information.
1.3 dbaz.in, in its sole and exclusive
discretion, reserves the right to impose additional restrictions and
prohibitions.
1.4 In the event of inconsistency,
ambiguity or conflict of the contents of this policy with any other terms of
the dbaz.in platform, or between the English and other language versions of
this policy, the English version and the decision of Dbaz.in exercised in its
absolute discretion shall always prevail.
PART 2PROHIBITED
AND CONTROLLED ITEMS
1. ILLICIT DRUGS, PRECURSORS AND DRUG
PARAPHERNALIA
1.1 Dbaz.in expressly forbids any and
all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural
drugs, synthetic drugs, steroids and other controlled substances (including all
drugs listed in Schedules I, II, III, IV or V of the Uniform Controlled
Substances Act, 21 U.S.C. 801 et seq.). Such activity can result in your
account being delisted.
1.2 The listing or sale of all drug
precursor chemicals (such as those listed in the Convention on Psychotropic
Substances of 1971) is strictly prohibited.
1.3 Drug paraphernalia, including all
items that are primarily intended or designed for use in manufacturing,
concealing, or using a controlled substance, are strictly forbidden on the
Site. Such items include, but are not limited to those items used for the
ingestion of illicit substances, including pipes such as water pipes,
carburetor pipes, chamber pipes, ice pipes, bongs etc.
1.4 The listing or sale of packaging
materials which may be utilized to contain controlled substances, materials conducive
to smuggling, storing, trafficking, transporting and manufacturing illicit
drugs (e.g. marijuana grow lights), publications and other media providing
information related to the production of illicit drugs.
2. FLAMMABLE, EXPLOSIVE AND HAZARDOUS CHEMICALS
2.1 The posting of explosives and
related ignition and detonation equipment is strictly prohibited. Such activity
can result in your account being delisted.
2.2 Radioactive substances, toxic and
poisonous chemicals are forbidden on the Dbaz.in Website.
2.3 The posting, offering for sale, or
offering for purchase of hazardous or dangerous materials (such as the
categories of dangerous goods as defined under the International Maritime
Dangerous Goods Code) are forbidden on the Dbaz.in Website.
2.4 Ozone depleting substances are not
permitted to be listed.
2.5 The posting, offering for sale, or
offering for purchase of any products containing harmful substances (e.g. items
containing asbestos) are forbidden on the Dbaz.in Website.
2.6 Listing of fireworks, firecrackers
and associated products are forbidden on platform for Relevant Online
Transactions.
3. FIREARMS AND AMMUNITIONS
3.1 Any service, instruction, process,
or aid for producing any biological, chemical, or nuclear weapons, or other Weapons
of Mass Destruction (WMD) or known associated agents is strictly prohibited by
international law and accordingly prohibited on the Site. Any violation of this
policy will result in the notification of government authorities by Dbaz.in and
your account being delisted.
3.2 The posting of, offering for sale,
or offering for purchase of any arms, munitions, military ordnance, weapons
(including explosive weapons), and/or any related parts and components (whether
integral or otherwise) is strictly prohibited. Such activity can result in your
account being delisted.
3.3 Dbaz.in does not permit the posting,
offering for sale, or offering of purchase of replica, "look-alike” or
imitation firearms, and/or any related parts and components (whether integral
or otherwise). This prohibition covers such products as air guns, BB guns,
paintball guns, harpoons, spear guns and other weapons that may discharge a
projectile containing any gas, chemical, or explosive substance.
4. WEAPONS
4.1 Dbaz.in does not permit the posting,
offering for sale, or offering of purchase of weapons that can incapacitate or
cause serious physical harm to others (e.g. stun guns, batons, crossbows)
4.2 While listing of most knives and
other cutting instruments is permitted, switchblade knives, gravity knifes,
knuckledusters (bladed or not), bladed handheld devices, and disguised knives
are prohibited.
4.3 Dbaz.in maintains discretion over
what items are appropriate and may cause removal of a listing that it deems as
a weapon.
5. GOVERNMENT, LAW ENFORCEMENT AND
MILITARY ISSUED ITEMS
5.1 The following items are not
permitted to be listed:
(a) Articles of clothing or
identification that claim to be, or appear similar to, official government
uniforms.
(b) Law enforcement badges or official
law enforcement equipment from any public authority, including badges issued by
the government of any country.
(c) Military decorations, medals and
awards, in addition to items with substantially similar designs.
5.2 Police uniforms, police insignia and
police vehicles may not be posted unless they are obsolete and in no way
resemble current issue police uniforms, police insignia and police vehicles.
This fact must be clearly stated within the posting description.
5.4 The following mass-transit related
items are not permitted to be listed:
(a) Any article of clothing or
identification related to transportation industries, including but not limited
to, commercial airline pilots, flight attendants, airport service personnel,
railway personnel, mass-transit security personnel.
(b) Manuals or other materials related
to commercial transportation, including safety manuals published by commercial
airlines and entities operating subways, trains or buses.
(c) Any official, internal, classified
or non-public documents.
5.5 Listing of police equipment and
associated products are forbidden on dbaz.in platform for Relevant Online
Transactions.
6. MEDICAL DRUGS
6.1 The posting of prescription drugs,
psychotropic drugs and narcotics is strictly prohibited.
6. 2 The listing or sale of orally
administered or ingested sexual enhancement foods and supplements is
prohibited.
6. 3 Prescription veterinary drugs may
not be listed.
7. MEDICAL DEVICES
Dbaz.in does not permit the posting of
unauthorized medical devices. Members may only post authorized medical devices
after provision of appropriate production and sales permits to the Website,
while transactions of these products are strictly prohibited to be entered into
as a Relevant Online Transaction.
8. ADULT AND OBSCENE MATERIALS
8.1 The posting or sale of pornographic
materials is strictly prohibited, as it violates laws in many countries. While
pornography is difficult to define and standards vary from nation to nation, Dbaz.in
will generally follow guidelines accepted in India.
8.2 Items depicting or suggestive of
bestiality, rape sex, incest or sex with graphic violence or degradation, and
any items depicting or suggestive of sex involving minors, are strictly
prohibited.
8.3 In determining whether listings or
information should be removed from the Dbaz.in Website, we consider the overall
content of the posting, including images, pictorials, and text.
9. CIRCUMVENTION DEVICES AND OTHER
EQUIPMENT USED FOR ILLICT PURPOSES
9.1 Descramblers and other items that
can be used to gain unauthorized access to television programming (such as
satellite and cable TV), internet access, telephone, data or other protected,
restricted, or premium services are prohibited. Stating the item is for
educational or test purposes will not legitimize a product that is otherwise
inappropriate. Some examples of items which are not permitted include smart
cards and card programmers, descramblers, DSS emulators and hacking software or
software products that may cause risk or damage to any company, organization,
human etc.
9.2 Similarly, information on "how
to" descramble or gain access to cable or satellite television programming
or other services without authorization or payment is prohibited. Dbaz.in's policy is to prohibit any encouragement of this
type of activity.
9.3 Devices designed to intentionally block,
jam or interfere with authorized radio communications, such as cellular and
personal communication services, police radar, global positioning systems (GPS)
and wireless networking services (Wi-Fi) are prohibited.
9.4 The listing or sale of spy equipment and
devices used for interception of wire, oral and electronic communications is
not permitted on the Site.
9.5 Hidden photographic devices are
permitted on the Dbaz.in Website, unless used for sexual or illicit purposes.
9.6 Bank card readers and “skimmers” are
prohibited from being listed.
9.7 Any and all unauthorized
circumvention devices not included in the above are also strictly prohibited.
10. ILLEGAL SERVICES
10.1 Listings claiming to provide
government services and related products are strictly prohibited. Examples
include:
(a) Official government-issued
identification documents, such as birth certificates, driving licenses,
passports and visas;
(b) Completed applications for the
abovementioned documents
(c) Any materials, equipment or
processes designed for use in the production of government-issued
identification documents (e.g. driving license holograms, passport booklets).
(d) The offering for sale or purchase of
textile quota is prohibited on the Dbaz.in Website.
10.2 The listing or sale of any form of
invoices or receipts (including blank, pre-filled, or value added invoices or
receipts), is strictly prohibited on the Site.
10.3 Dbaz.in prohibits listings that
offer financial services, including money transfers, issuing bank guarantees
and letters of credit, loans, fundraising and funding for person investment
purposes, etc. unless it is from Govt. authorized and partner financial
institution in form of Advertisement on site.
10.4 Dbaz.in prohibits listings for the
sole purpose of collecting user information or raising money.
10.5 Listings that offer medical or
healthcare services, including services for medical treatment, rehabilitation,
vaccination, health checks, psychological counseling, dietetics, plastic
surgery and massage are prohibited.
10.6 The posting or sale of bulk email
or mailing lists that contain personally identifiable information including
names, addresses, phone numbers, fax numbers and email addresses, is strictly
prohibited. Also prohibited are software or other tools which are designed or
used to send unsolicited commercial email (i.e. "spam").
10.7 Job postings from which a
factory/company/institute may directly recruit employees are prohibited on the
Site.
10.8 Dbaz.in is an online business to
business information platform; personal and non-business information is
prohibited.
10.9 Non-transferable items may not be
posted or sold through the dbaz.in Website. Many items including lottery
tickets, airline tickets and some event tickets may not be resold or
transferred.
11. COLLECTIONS, ARTIFACTS AND PRECIOUS
METALS
11.1 Dbaz.in strictly forbids the sale
and purchase of currency, coins, banknotes, stocks, bonds, money orders, credit
and debit cards, investment interest, currency in digital or any intangible
form (e.g. crypto-currency), as well as the equipment and materials used to
produce such items.
11.2 Counterfeits of the identified
articles in 11.1, legal tender and stamps are strictly prohibited.
11.3 Reproductions or replicas of coins
as collectible items must be clearly marked with the word "COPY",
"REPRODUCTION" or "REPLICA" and comply with all relevant
local laws with proof.
11.4 Listings that offer the sale or
buying of gold, silver and other precious metals (not including jewelry) are
prohibited.
11.5 Rough diamonds and “conflict
minerals” originating from non-compliant countries may not be listed.
11.6 Artifacts, cultural relics,
historical grave markers, and related items are protected under the laws of the
India, the United States, and other jurisdictions; and may not be posted or
sold through the Dbaz.in Website.
12. HUMAN PARTS, HUMAN REMAINS AND
PROTECTED FLORA AND FAUNA
12.1 Dbaz.in prohibits the listing of
human body parts and remains. Examples of such prohibited items include, but
are not limited to: organs, bones, blood, sperm, and eggs. Items made of human
hair, such as wigs for commercial uses, are permitted only if the country law
permits.
12.2 The listing or sale of any animal
(including any animal parts such as pelts, skins, internal organs, teeth,
claws, shells, bones, tusks, ivory and other parts) protected by the Convention
on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or
any other local law or regulation is strictly forbidden on the Dbaz.in Website.
12.3 The listing or sale of products
made with any part of and/or containing any ingredient derived from sharks or
marine mammals is prohibited on the Dbaz.in Website.
12.4 The listing or sale of products
made from cats, dogs and bears, as well as any processing equipment, is
prohibited on the Dbaz.in Website.
12.5 The listing or sale of poultry,
livestock and pets, live animals is prohibited from being listed on the dbaz.in
Website platforms.
13. OFFENSIVE MATERIAL AND INFORMATION
DETRIMENTAL TO NATIONAL SECURITY
13.1 Any and all publications and other
media containing state secrets or information detrimental to national security
or public order are prohibited. Such activity can result in your account being
delisted.
13.2 Any information supporting or
advocating infringement of national sovereignty, terrorist organizations or
discrimination on grounds of race, sex, or religion is strictly prohibited on
the Dbaz.in Website. Such activity can result in your account being delisted.
13.3 Postings that are ethnically or
racially offensive are prohibited on the Site. Sellers and purchasers must
ensure that any wording used portrays appropriate sensitivity to those who
might read it in their postings, and when they are offering or purchasing
potentially offensive items or services.
13.4 Dbaz.in reserves the sole
discretion to decide the removal of such prohibited items and encourages all
members to treat others as they themselves would like to be treated.
13.5 Materials advocating, promoting or
otherwise supporting extreme ideologies (Against humanity and collectively
human race/faith) are strictly prohibited.
14. TOBACCO PRODUCTS
14.1 The posting of tobacco products,
including but not limited to cigars, cigarettes, cigarette tobacco, pipe
tobacco, hookah tobacco, chewing tobacco and tobacco leaf is prohibited.
14.2 The posting of electronic
cigarettes and accessories, nicotine and other liquids (e-liquids) for use in
electronic cigarettes is forbidden.
14.3 Listing equipment used for tobacco
processing and production of tobacco products are prohibited.
15. GAMBLING EQUIPMENT
The listing or sale of equipment
specifically used for gambling is prohibited. Products which have other
legitimate uses (such as dice and playing cards) will generally be permitted only
if the country law permits and only after producing proof of authorization of
sale or purchase from country’s governing authorities.
16. SANCTIONED AND PROHIBITED ITEMS
16.1 Products prohibited by laws,
regulations, sanctions and trade restrictions in any relevant country or
jurisdiction worldwide are strictly forbidden on Dbaz.in.
16.2 The listing or sale of petroleum, petroleum
products and petrochemical products is strictly forbidden.
16.3 The listing or sale of coal, iron,
iron ore, gold, titanium ore, vanadium ore and rare earth minerals is strictly
forbidden.
16.4 The listing or sale of crude oil is
prohibited.
17. OTHER LISTING PROHIBITIONS
17.1 The posting of any products
containing harmful substances (e.g. toys containing lead paint) is forbidden on
the Dbaz.in Website.
17.2 Automotive airbags are expressly
forbidden on the Dbaz.in Website due to containing explosive materials.
17.3 Refurbished products
The sale and purchase of refurbished
mobile phones, laptops and computers is prohibited on the Dbaz.in Website.
17.4 Used products
(a) Used undergarments, Other used
clothing may not be listed or sold on the Site.
(b) The listing or sale of used
cosmetics is prohibited on the Dbaz.in Website.
17.5 Contracts and tickets
(a) You are responsible for ensuring
that your transaction is lawful and not in violation of any contractual
obligation. Before posting an item on the Site, you should carefully read any
contracts that you have entered into that might limit your right to sell your
item on the Site. Some items, such as airline tickets, have terms printed on
the item that may limit your ability to sell that item. In other cases, such as
when you are distributing a company's products, you may have signed a separate
contract restricting your ability to market the product.
(b) Dbaz.in does not search for items
that may raise these types of issues, nor can it review copies of private
contracts, or adjudicate or take sides in private contract disputes. However,
we want you to be aware that posting items in violation of your contractual
obligations could put you at risk with third parties. Dbaz.in therefore urges that
you not list any item until you have reviewed any relevant contracts or
agreements, and are confident you can legally sell it on the Site.
(c) If you have any questions regarding
your rights under a contract or agreement, we strongly recommend that you
contact the company with whom you entered into the contract and/or consult with
an attorney.
17.6 Event ticket resale policy
Dbaz.in allows the listing of tickets to
performance, sporting, entertainment, business events and trade fairs to the
extent permitted by law. However, as a ticket seller, you are responsible for
ensuring that your particular transaction does not violate any applicable law
or the terms on the ticket itself.
17.7 Real estate
A real estate posting allows buyers to
contact the seller to get more information and express interest about the
property listed. Before you post a listing relating to sale or purchase of real
estate, you must ensure that you have complied with all applicable laws and
regulations
17.8 Stolen property
(a) The posting or sale of stolen
property is strictly forbidden on the Site, and violates international law.
Stolen property includes items taken from private individuals, as well as
property taken without authorization from companies or governments.
(b) Dbaz.in supports and cooperates with
law enforcement efforts involving the recovery of stolen property and the
prosecution of responsible individuals. If you are concerned that the images
and/or text in your item description have been used by another Site user without
your authorization, or that your intellectual property rights have been
violated by such user, please contact our service team at ask@dbaz.in .
PART 3INTELLECTUAL
PROPERTY RIGHTS (IPR)
PROTECTION POLICY
1. FACES, NAMES AND SIGNATURES
Items containing the likeness, image,
name, or signature of another person are prohibited, unless the products were
made or authorized by the person whose likeness, image, name or signature has
been used.
2. REPLICA AND COUNTERFEIT ITEMS
2.1 Listing of counterfeits,
non-licensed replicas, or unauthorized items, such as counterfeit designer
garments, watches, handbags, sunglasses, or other accessories, is strictly
prohibited on the Site.
2.2 If the products sold bear the name
or logo of a company, but did not originate from or were not endorsed by that
company, such products are prohibited from the Site.
2.3 Postings of branded products are
permitted if a certificate of authorization has been issued by the brand owner.
2.4 Postings offering to sell or
purchase replicas, counterfeits or other unauthorized items shall be subject to
removal by Dbaz.in. Repeated postings of counterfeit or unauthorized items
shall result in the immediate suspension of your membership.
3. SOFTWARE
3.1 Academic Software
(a) Academic software is software sold
at discounted prices to students, teachers, and employees of accredited
learning institutions.
(b) On the Site, please do not list any
academic software unless you are so authorized. Postings violating Dbaz.in's academic software policy may be deleted prior to
publication.
(c) For postings of academic software on
behalf of an authorized educational reseller or an educational institution,
such licensure must be stated conspicuously in the listings. A certificate of
authorization issued by the authorized educational reseller (or the educational
institution) must also be provided to Dbaz.in.
3.2 OEM Software
(a) Do not list "OEM" or
"bundled" copies of software on the Dbaz.in Website unless you are
selling it with computer hardware. Original Equipment Manufacturer (OEM), or
bundled software, is software that is obtained as part of the purchase of a new
computer. OEM software licenses usually prohibit the purchaser from reselling
the software without the computer or, in some cases, without any computer
hardware.
4. UNAUTHORIZED COPIES OF INTELLECTUAL
PROPERTY
The listing or sale of unauthorized
(pirated, duplicated, backup, bootleg, etc.) copies of software programs, video
games, music albums, movies, television programs, photographs or other
protected works is forbidden on the Site.