Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as app 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.againsandeep.com website.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become user on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. www.againsandeep.com allows the User to surf the Website. The term "We", "Us", "Our" shall mean www.againsandeep.com.

Your use of the Website, Services and Tools are governed by the following Terms and Conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with www.againsandeep.com and these terms and conditions including the policies constitute your binding obligations, with www.againsandeep.com.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting www.againsandeep.com Terms of Use, You also accept and agree to be bound by www.againsandeep.com Policies (including but not limited to Privacy Policy available on http://www.againsandeep.com.in/privacy-policy) as amended from time to time. We shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Terms of Use.

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, 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. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

CHARGES

Registration on the Website is free for users. www.againsandeep.com does not charge any fee for browsing and buying on the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making any payments to www.againsandeep.com.

USE OF THE WEBSITE

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not update or share any information which:
  2. Belongs to another person and to which You does not have any right to;
  3. Is misleading in any way;
  4. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  5. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  7. Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout these Terms of Use, www.againsandeep.com's prior written consent means a communication coming from www.againsandeep.com's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  8. Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
  9. Refers to any website or URL that, in Our sole discretion, contains material that is in appropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  10. Violates any law for the time being in force;
  11. Impersonate another person;
  12. 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.
  13. Shall not be false, inaccurate or misleading;
  14. Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  15. You shall not 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  16. You shall not attempt to gain unauthorized access to any portion or feature of the Website, 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.
  17. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  18. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms www.againsandeep.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of www.againsandeep.com or so on platform or otherwise tarnish or dilute any www.againsandeep.com'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 agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or www.againsandeep.com's systems or networks, or any systems or networks connected to www.againsandeep.com.
  19. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website.
  20. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.againsandeep.com and / or others.
  21. 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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies, GST) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.
  22. 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.
  23. You shall not engage in advertising to, or solicitation of, other Users of the Website 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. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  24. We reserve the right, but have no obligation, to monitor the materials posted on the Website. www.againsandeep.com 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.
  25. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  26. It is possible that other users (including unauthorized users or "hackers") 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 Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  27. www.againsandeep.com 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 in DoS/DDoS (Distributed Denial of Services).

CONTENTS POSTED ON SITE

All text, graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and www.againsandeep.com has no control over such third party user generated content as www.againsandeep.com is merely an intermediary for the purposes of these Terms of Use. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without www.againsandeep.com's express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

DISCLAIMER OF WARRANTIES AND LIABILITY

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, www.againsandeep.com does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading. www.againsandeep.com will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. www.againsandeep.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

COMPLIANCE WITH LAWS:

INDEMNITY

You shall indemnify and hold harmless www.againsandeep.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

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 New Delhi.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. www.againsandeep.com make no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative and www.againsandeep.com is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

TRADEMARK, COPYRIGHT AND RESTRICTION

This site is controlled and operated by www.againsandeep.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

TRADEMARK COMPLAINT

www.againsandeep.com respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to www.againsandeep.com at infringement@droom.in or legal@droom.in .

LIMITATION OF LIABILITY

IN NO EVENT SHALL www.againsandeep.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

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:

Grievance Office: Arun Kumar
Droom Technology (P) Limited
40A/5, Chandan Nagar, Sector-15, Part-2
Gurugram, Haryana-122001
Time: Mon to Sat (9:00 to 18:00)

POLICIES

PROFANITY POLICY

www.againsandeep.com prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allows to 'blur' out the bulk of the offending word with asterisks.

NOTICE OF INFRINGEMENT

www.againsandeep.com

_______________________

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows: 

  1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner"). 
  2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorized by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing. 
  3. I may be contacted at: 

Name ___________________________________________________________ 

Title & Company ________________________________________________________ 

Address _________________________________________________________ 

Email (correspondence) ___________________________________________________ 

Telephone/Fax _____________________________________________________________ 

Date _________________________________________________________________

and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________ 

on [date] ___________________________________ in [place]________ 

Truthfully, 

Signature 

TRADEMARK-INFRINGEMENT

  1. Trademark owner doesn't make this type of product or has discontinued the production of the product
  2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit Trademark-listing description infringement
  3. Listing(s) has unlawful comparison to trademark owner's brand or product
  4. Listing(s) contains unlawful use of trademark owner's logo 
    Note:
  1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
  2. Please provide the evidence as to the ownership of copyright. All such Notices of Infringement shall be sent to infringement@droom.in or legal@droom.in.
Copyright © 2017. Again Sandeep
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