Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Application of Acceptance for Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Themachinekart as a registered user or whether such User is a paying customer for a specific service provided by Themachinekart. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Themachinekart and/or its affiliates; and
1.4 Themachinekart may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on September 1st, 2004. Posting by Themachinekart of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Themachinekart.
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Themachinekart reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 Themachinekart reserves the right to deny Premium Services to any User for whatever reason in order to protect Themachinekart interests.
2.3 Premium services and Themachinekart Data Access are reserved to "human use". Robots, crawlers and any other automatic systems can’t be used to collect information on Themachinekart. Themachinekart reserves the right to stop the service without any notice and without any reimbursement or compensation.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Themachinekart Content") for the purpose of re-selling or re-distributing the Themachinekart Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Themachinekart, or otherwise commercially exploiting the Themachinekart Content. Systematic retrieval of Themachinekart Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Themachinekart is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3.2 Some of the Themachinekart Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who provided the content. Themachinekart is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Themachinekart is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.3 Themachinekart may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Themachinekart has no control over such third party's web site, does not monitor such sites, and Themachinekart shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.4 below.
3.5 Themachinekart reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Themachinekart be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Themachinekart and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Themachinekart (a "Registered User"). Themachinekart will establish an account ("Account") for each Registered User and each Registered User Is assigned a login ("Login") and password ("Password") for log-in access to its own Account.
4.2 Themachinekart may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Themachinekart during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
4.4 By becoming a Registered User, you consent to the inclusion of your personal data in our Themachinekart DATA and authorize Themachinekart to share such information with other Users.
4.5 Themachinekart may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Themachinekart determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Themachinekart has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Themachinekart believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Themachinekart other Users, or Themachinekart or its affiliates.
4.6 Notwithstanding Section 4.1 above, Themachinekart may refuse registration and deny the issuance of an Account and/or Email Account and associated Login and Password to any User for whatever reason.
Users Who Post Information on Themachinekart
5.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
5.2 Each User hereby represents, warrants and agrees to (a) provide Themachinekart with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Themachinekart to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
5.3 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Themachinekart or authorizes Themachinekart to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
5.4 Each User hereby represents warrants and agrees that information submitted to Themachinekart for display on the Site shall not:
5.5 Themachinekart reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Themachinekart to liability, violates this Agreement or is otherwise found inappropriate in Themachinekart opinion. Themachinekart reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Themachinekart may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Themachinekart shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Themachinekart for such disclosure. In connection with any of the foregoing, Themachinekart may suspend or terminate the Account of any User as Themachinekart deems appropriate in its sole discretion.
5.6 Themachinekart reserves the right in its sole discretion to handle any products posted on the Site. In such case customers will contact Themachinekart for these products. Themachinekart will introduce the buyer to the seller and collect a commission in case of success. Commission can be paid by seller or/and buyer. In some cases Themachinekart can also buy and resell the machine.
5.7 Themachinekart reserves the right to deny free posting to any User for whatever reason in order to protect Themachinekart interests.
Transactions between Buyers and Suppliers
6.1 Through the Site, Themachinekart provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Themachinekart does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Themachinekart cannot and does not confirm each User's purported identity. We encourage you to evaluate with whom you are dealing.
6.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each User agrees that Themachinekart shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.
6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Themachinekart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
7.1 THE FEATURES AND SERVICES ON THE Themachinekart SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Themachinekart HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 Themachinekart MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
7.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Themachinekart or through or from the Site shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall Themachinekart be held liable for an 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 its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Each User hereby agrees to indemnify and save Themachinekart, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that Themachinekart is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Themachinekart reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Themachinekart in asserting any available defenses.
7.6 Themachinekart shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
Intellectual Property Rights
8.1 Themachinekart is the sole owner or lawful licensee of all the rights to the Site and the Themachinekart Content. The Site and Themachinekart Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Themachinekart Content shall remain with Themachinekart, its affiliates or licensor's of the Themachinekart Content, as the case may be. All rights not otherwise claimed under this Agreement or by Themachinekart are hereby reserved.
8.2 "Themachinekart", "Themachinekart.COM," and related icons and logos are registered trademarks or trademarks or service marks of Themachinekart SARL in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.2 Themachinekart and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.5 Themachinekart failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Themachinekart right to act with respect with subsequent or similar breaches.
9.6 Themachinekart shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
9.7 This Agreement shall be governed by the laws of the (INDIA) without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Faridabad, Haryana, India.