Terms of Use
The domain codechintan.com & its mobile application (hereinafter collectively referred to as “App“) is owned by CodeChintan Technologies, a company incorporated under the Companies Act, 2013 with its registered office at Flat No. 725, Jhabua Tower, RNT Marg, Near Main Road, INDORE MP 452001 IN (here in after referred to as “CodeChintan“).
Acceptance of Terms
Greetings from CodeChintan.com! The subsequent terms and conditions of the codechintan.com membership agreement among you and CodeChintan Technologies under which codechintan.com proposes you the right to use to its' services through App. By mere use of the App, Merchants shall be contracting with CodeChintan Technologies and these terms and conditions including the policies constitute your binding obligations.
CodeChintan Technologies reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the Merchants. It is your responsibility to review these periodically. Your continued use of the App following the posting of changes will mean acceptance of the revisions. As long as you comply with these Terms of Use, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the App.
Services
In accordance to package, if any and the terms of this Agreement, services will be offered.
The core features included in the service would include following (which may be customized, or added to or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of codechintan.com and notified to you).
Company Profile - This feature allows each Member to display and modify vital information about its business, such as year and place of establishment, and products offered, etc.
Products - It allows each member to display and amend descriptions, specifications and images of products according to package chosen by you, if any.
All rights are reserved by codechintan.com to amend, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Further, codechintan.com reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. Unless otherwise stated by codechintan.com, all latest features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement.
It is acknowledged by each member that incapacity to use the Service wholly or partially for whatsoever reason may have adverse effects on its business. Each Member hereby agrees that for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service, codechintan.com shall not be held legally responsible to the Member or any third parties.
The App is platform that Merchants use to communicate & transact with each other. CodeChintan Technologies is not and cannot be a party to or control in any manner any transaction between the Users.
Membership Eligibility
Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years, you shall not register and shall not transact on or use the App. As a minor if you wish to use or transact on App, such use or transaction may be made by your legal guardian or parents. CodeChintan Technologies reserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to CodeChintan Technologies notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
A Member ID and Password can be created by the intended user / will be issued to each member by codechintan.com to access the Services of codechintan.com through such Member's Account. Each Member shall be entirely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. Each set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. It is acknowledged by each Member that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable damage to codechintan.com and each Member shall indemnify codechintan.com against any loss or damages (including but not limited to loss of profits) suffered by codechintan.com as a result of such multiple use of an Account. Each Member hereby undertakes to inform codechintan.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that for any loss or damages arising from the Member's failure to comply with this paragraph, codechintan.com shall not be liable.
At any point of time, if you provide any information that is untrue, inaccurate, not current or incomplete or CodeChintan Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, CodeChintan Technologies shall have the right to indefinitely suspend or terminate or block access of your membership or the App.
Member Responsibilities
It is agreed and warranted by each Member to provide with true, accurate, current and complete information about itself along with its business references and maintain and promptly amend all information to keep it true, accurate, current and complete. An irreversible, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license is granted by each user to codechintan.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. The same is done to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
It is represented, warranted and agreed by each Member that information submitted to codechintan.com for display on the Site shall not:-
Violate any pertinent law, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); provide instructional or any information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Include deceptive, false or inaccurate information or make fraudulent offers of items or involve the auction or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by any applicable law, regulation or guideline for the time being in force, or otherwise promote other illegal activities;
Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
belongs to another person and to which You do not have any right to; Relate to auction of products or services that infringe or otherwise encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy[including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity], or any other Third Party Rights; promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Be libelous, unlawfully threatening or troublesome, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that give rise to civil liability, or otherwise violate any law or regulation, invades anyone's privacy or encourages conduct that would comprise of a criminal offence, and constitutes unauthorized publicity or harassment (including but not limited to spamming);
Impersonate any individual or entity; misrepresent yourself or your affiliation with any person or entity;
Solicit business from any Users in connection with a commercial activity that competes with codechintan.com; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; engage in advertising to, or solicitation of, other Users of the App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are forbidden under this Agreement; refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
Otherwise create any legal responsibility for codechintan.com or its affiliates.
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity;
interferes with another User’s use of the App;
harms anyone in any way;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App.
attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.
make any negative, denigrating or defamatory statement(s) or comments) about CodeChintan Technologies or otherwise tarnish or dilute any CodeChintan’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
You undertake that all information you provide to CodeChintan Technologies shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
It is possible that other user may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the App you acknowledge and agree that We are not responsible for any of these actions or their implications.
We reserve the right, but has no obligation, to monitor the materials posted on the Website. CodeChintan Technologies shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
CodeChintan Technologies shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally.
Any action shall not be taken by a Member that may undermine the integrity of codechintan.com's feedback system, such as leaving affirmative feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
accumulate or attempt to accumulate private data about other users
In case of breach by Member with regards to the representations, warranties and covenants above, or if codechintan.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any third party, codechintan.com has reasonable grounds to believe that such Member has deliberately or substantially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, codechintan.com has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by codechintan.com. Further, codechintan.com reserves the right in its sole discretion to remove any material it reasonably believes that is unlawful, could subject codechintan.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in codechintan.com's opinion. codechintan.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties. Further, on request by a government or law enforcement body, an injured third party, or as a result of a lawful action, codechintan.com may disclose the Member's identity and contact information and shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against codechintan.com for such disclosure. In connection with any of the above mentioned, codechintan.com may suspend or terminate the Account of any Member, as codechintan.com believes appropriate in its sole discretion.
It is agreed by each Member to indemnify codechintan.com from any and all losses, claims and liabilities (including legal costs on a full indemnity basis), arising from its submissions, posting of materials or removal thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use, along with its employees, agents and representatives and to hold them harmless. Each Member further agrees that codechintan.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of harm from such material rests entirely with each Member. codechintan.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with codechintan.com in asserting any available defenses, at its own expense.
Transactions by Users
An electronic web-based platform for exchanging information between buyers and suppliers of products and services is provided by CodeChintan.comm. No commissions are charged by codechintan.com for completing any transactions as well as do not represent the seller or the buyer in specific transactions. Consequently, codechintan.com 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 procurement.
We advice the Members to stay aware from the risk of dealing with people acting under forged pretences. Although several techniques are used by codechintan.com to verify the accuracy of the information our users provide us, when registering on the Site. However, because user verification on the Internet is difficult, codechintan.com cannot and does not confirm each User's purported identity. You are advised to use the various tools offered on the Site plus common sense, to evaluate with whom you are dealing.
It is acknowledged by each member that all risks of purchase and sale transactions when using the Site to conduct transactions, the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site are fully assumed by it. Such risks shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, impediment or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents, but are not limited to it. Each member agrees that for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a consequence of or in connection with any Transaction Risks, codechintan.com shall not be answerable or 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, fees, taxes, insurance, title, licenses, fines, permits, handling, transportation and storage, members are fully and wholly responsible.
The member agrees to release and indemnify codechintan.com (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 association with such transaction, in case it has a dispute with any party over a transaction.
It is acknowledged by every member that codechintan.com does not pre-screen content but that codechintan.com shall have the right (though not the obligation) in its exclusive discretion to move, revise or remove any content that is posted or uploaded on the discussion boards on the Site.
Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping or transportation costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. .
CodeChintan Technologies does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the App. CodeChintan Technologies does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the App, and accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
CodeChintan Technologies is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers, and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
CodeChintan Technologies does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
You release and indemnify CodeChintan Technologies and/or any of its officers and representatives from any cost, damage, liability or other consequence of any actions of the Users of the App.
Pricing
Currently, download, installation, registration and usage on any CodeChintan Technologies website and mobile app is free for all users. CodeChintan Technologies plans to bring in a subscription based pricing to the Users – however, this will be communicated in advance. CodeChintan Technologies reserves the right to change its Fee Policy from time to time, introduce new services and modify some or all of the existing services offered by it. Changes to the Fee Policy shall be posted on the Website and the Mobile application, and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to CodeChintan Technologies.
Communications
You agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.
Privacy
Policy
We undertake reasonable security measures at our office facility to safeguard and protect the proprietary information against potential Loss/Misuse/Change/Breach in any form, and by any means.
codechintan.com is granted a perpetual, world-wide, royalty-free irrevocable, non-exclusive authorization (including the right to sub-license through multiple tiers)by its members to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and demonstrate any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
Limitation of Liability
The features and services on the site are provided on an "as is" and "as available" basis, to the maximum extent permitted by law. codechintan.com hereby clearly 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.
codechintan.com makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or current of any information provided on or through the site, to the maximum extent by law.
Downloading or obtainment of data from the Site is done at each Member's sole discretion and risk and it is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No recommendation or information, whether oral or written, obtained by any User from codechintan.com or through or from the Site shall create any warranty not expressly stated herein.
codechintan.com can’t be held responsible for a 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, insurrections, civil disturbances, shortages of labor or materials labor disputes, riots, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties, under any circumstances.
Any liability shall not be borne by codechintan.com 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 agreement, negligence, tort or otherwise or any other damages resulting from any of the following:
a.
The use or the incapacity to use the Service;
b. Any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
c. Statements or conduct of any user of the Site;
d. Illicit access by third parties to data or private information of any Member; or
e. Any other matter relating to the Service however arising, including negligence.
Intellectual Property Rights
The sole owner of all the rights to the Site and the CodeChintan Content is CodeChintan Technologies. All titles, ownership and intellectual property rights in the Site and codechintan.com Content shall linger with CodeChintan Technologies, its affiliates or licensors. Content, as the case may be. All rights not otherwise claimed under this Agreement or by codechintan.com are hereby reserved.
Copyright and other Intellectual Property of any designs, images, creatives, text or material posted on the App is the sole and exclusive property of third parties. User represents and warrants that Users are authorized by such third parties to upload these and sell the shown products or merchandise.
Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.
General
This Agreement and the Disclaimer Policy constitute the entire agreement between the User and codechintan.com with respect to and govern the use of the Site, subject to any additional agreements relating to Premium Services, if any and overruling any prior written or oral agreements in relation to the similar subject matter herein.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or produced by this Agreement. Both codechintan.com and the User are independent entities.
The outstanding provisions of this agreement shall be enforced and if any provision is held to be invalid or unenforceable, such provision shall be struck.
Headings no way define, limit, construe or describe the scope or degree of such section and are for indicative only.
codechintan.com's failure with respect to any breach by a User under this Agreement to enforce any right or failure to act will not waive that right nor waives codechintan.com's right to act with respect with consequent or alike breaches.
All rights are assigned to codechintan.com in this Agreement including all of its titles, benefits, interests, and obligations and duties in this Agreement as well as in any agreement relating to Premium Services, if any, to any person or entity (including any affiliates of codechintan.com). The User may not assign, in whole or part, this Agreement to any individual or entity.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Indore.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Ankit Maheshwari
Ph. No. : 0731-3044112
202-A, Silver Mall, 8-A, RNT Marg, Indore-452001 (M.P.)
Note: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.codechintan.com & within the CodeChintan Technologies mobile application.