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Terms and conditions |
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1. Membership
Eligibility
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors. If you do not qualify, please
do not use our services. Further, our services are not available to
temporarily or indefinitely suspended members of "Modernfoodprocessing.co.in".
2. Fees and Services
Joining and usage of services at "Modernfoodprocessing.co.in" is FREE.
We may change our Fees and Services Policy at any time, and any such
changes to the policy are effective after the expiry of fourteen (14)
days' from the date on which the changes are posted on the homepage.
However, we may choose to temporarily change our Fees and Services
Policy, such as in the case of promotional events in which case such
changes will remain effective only during the period when we post
the temporary promotional event on the homepage. For example, any
of the exclusive "members-only" services may be temporarily made available
to ALL USERS for the promotion of such services or any other events,
and any such changes will be notified on the homepage itself.
We may in our sole discretion change some or all of our web content
and services at any time. In the event we introduce a new service
or content, which is exclusive for "members-only", then a notification
to that effect will be made on the homepage. Any such new service
or content will be FREE of charge unless otherwise stated. It is the
sole responsibility of the users to refer these terms every time they
access this site. All rights, title and interest including trademark
and copyrights in respect of the domain name "Modernfoodprocessing.co.in"
and site content therein are reserved with Infomedia India Ltd.
3. Your Information
"Your Information" is defined as any information you provide on-line
or off-line to "Modernfoodprocessing.co.in" or other members of "Modernfoodprocessing.co.in"
in the Registration, Buy & Sell Listing process and / or in any public
message area (including Bulletin Board or the Feedback area) and /
or through any email feature.
3.1. Use of Your Information
"Modernfoodprocessing.co.in" requests for information, which is personal
and identifiable, at the time of Member Registration, Buy & Sell listing
process, in public message areas including Bulletin Board or the Feedback
area. This information is used in instances of site-to-user interface
such as, but not inclusive of, creating an identity, checking the
identity, directing personal communication, news updating, customized
surfing as also for publicizing the site.
For allowing us to use "your information", you hereby agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub licensable (through multiple tiers) right to use your information
to exercise the copyright and publicity rights you have in Your Information,
in any media now known or not currently known, with respect to Your
Information. "Modernfoodprocessing.co.in" will only use Your Information
in accordance with our Privacy Policy.
3.2. Liabilities and Scope of Your Information
You are solely responsible for "Your Information", and "Modernfoodprocessing.co.in"
will only be a channel to disseminate such information as provided
by you, either online or off-line.
ALL such information that is collected from you, either at the time
of Member Registration; or Buy&Sell listing process; or in public
message areas including Bulletin Board or the Feedback forum;
Shall not be false, inaccurate or misleading;
Shall not be fraudulent or involve the sale of counterfeit or
stolen items;
Shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy;
Shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising);
Shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing;
Shall not be obscene or contain child pornography or adult in
nature or harmful to minors;
Shall not contain any viruses, or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
Shall not create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers; and
Shall not link directly or indirectly to/ or include descriptions
of goods or services that are: Prohibited under this Agreement
Identical to other items you have put up for Buy/Sell but are priced
lower at "Modernfoodprocessing.co.in"
Concurrently listed for auction/ sale on a web site other than "Modernfoodprocessing.co.in"
Not rightfully yours
4. Access and Interference
Access to this site will be construed as an acceptance of the User
Agreement. By accepting the User Agreement you expressly agree to
receive any information that MODERN FOOD PROCESSING so wishes to share
with its members. You can remove yourself from receiving some of this
information by changing the appropriate option on the Sign-Up page.
Much of the information on our site is updated on a real time basis
and is proprietary or is licensed to MODERN FOOD PROCESSING by our
users or third parties.
4.1 Users are permitted to read, print or download text, data and/or
graphics from this site for their personal use only. You agree that
you will not copy, reproduce, alter, modify, create derivative works,
or redistribute, transmit, publicly display or deal with any content
in any manner whatsoever (except for Your Information) from our website
in whole or in part without the prior expressed written permission
of "Modernfoodprocessing.co.in" or the appropriate third party, failing
which strict legal action will be initiated against such users.
4.2 You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission.
4.3 You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of the
"Modernfoodprocessing.co.in" site or any transaction being conducted
on our site.
4.4 You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure.
5. Information Control
We do not control the information provided by other users, which is
made available through our website. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe methods when using our site. Please
note that there are also risks of dealing with foreign nationals,
underage persons or people acting under false pretense. "Modernfoodprocessing.co.in"
is not responsible for the accuracy or correctness of such information.
However we reserve the absolute right to accept/reject information
from users/members and impose/relax special terms for user/member.
6. Breach
Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you:
(a) If you breach this Agreement or the documents it incorporates
by reference;
(b) If we are unable to verify or authenticate any information you
provide to us; or
(c) If we believe that your actions may cause legal liability for
you, our users or us.
7. Tax policy
Taxes can be levied on anything you buy or sell on "Modernfoodprocessing.co.in"
site. Make sure you pay all relevant taxes, viz. income tax, sales
tax, cess and duties. These taxes may vary from state to state and
the total tax depends on various other factors. It is recommended
that you contact a tax consultant to get a clearer picture of the
prevalent tax policy. Please note that Infomedia India Limited Ltd.
or "Modernfoodprocessing.co.in" is not responsible for any taxation
on your behalf or any other third party who engages in any transaction
with you.
8. Privacy
Please refer our Privacy Policy for more details.
9. Liability Limit
"Modernfoodprocessing.co.in" and/or its respective suppliers make
no representations about the suitability, reliability, availability,
timeliness, lack of viruses or other harmful components and accuracy
of the information, software, products, services and related graphics
contained within the "Modernfoodprocessing.co.in" sites/services for
any purpose. all such information, software, products, services and
related graphics are provided "as is" without warranty of any kind.
"Modernfoodprocessing.co.in" and/or its respective suppliers hereby
disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied
warranties and conditions of merchantability, fitness for a particular
purpose, workmanlike effort, title and non-infringement.
The information, software, products, and services included in or available
through the "Modernfoodprocessing.co.in" sites/services may include
inaccuracies or typographical errors. Changes are periodically made
to the "Modernfoodprocessing.co.in" sites/services and to the information
therein. "Modernfoodprocessing.co.in" and/or its respective suppliers
may make improvements and/or changes in the "Modernfoodprocessing.co.in"
sites/services at any time. Advice received via the "Modernfoodprocessing.co.in"
sites/services should not be relied upon for personal, medical, legal
or financial decisions and you should consult an appropriate professional
for specific advice tailored to your situation.
This site may contain links to other web sites operated by third parties
("linked sites"). You acknowledge that, when you click on a link to
visit a linked site, a frame may appear that contains the "Modernfoodprocessing.co.in"
logo, advertisements and/or other content selected by "Modernfoodprocessing.co.in".
You acknowledge that "Modernfoodprocessing.co.in" and its sponsors
neither endorse nor are affiliated with the linked site and are not
responsible for any content of any linked site or any link contained
in a link site, or any changes or updates to such sites. You also
acknowledge that Modernfoodprocessing.co.in is providing these links
to you only as a convenience.
You specifically agree that "Modernfoodprocessing.co.in" shall not
be responsible for unauthorized access to or alteration of your transmissions
or data, any material or data sent or received or not sent or received,
or any transactions entered into through an "Modernfoodprocessing.co.in"
site/service. You specifically agree that "Modernfoodprocessing.co.in"
is not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights. You specifically agree that "Modernfoodprocessing.co.in" is
not responsible for any content sent using and/or included in an "Modernfoodprocessing.co.in"
site/service by any third party.
10. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this User Agreement
or the documents it incorporates by reference, or your violation of
any law or the rights of a third party.
In no event shall "Modernfoodprocessing.co.in" and/or its suppliers
be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out
of or in any way connected with the use or performance of the "Modernfoodprocessing.co.in"
sites/services, with the delay or inability to use the "Modernfoodprocessing.co.in"
sites/services or related services, the provision of or failure to
provide services, or for any information, software, products, services
and related graphics obtained through the "Modernfoodprocessing.co.in"
sites/services, or otherwise arising out of the use of the "Modernfoodprocessing.co.in"
sites/services, whether based on contract, tort, negligence, strict
liability or otherwise, even if "Modernfoodprocessing.co.in" or any
of its suppliers has been advised of the possibility of damages. "Modernfoodprocessing.co.in"
does not endorse in anyway any advertisers/ contents of advertisers
on its WebPages. Please therefore verify the veracity of all information
on your own before undertaking reliance and actioning thereupon. "Modernfoodprocessing.co.in"
shall not be responsible or liable for any consequential damages arising
on account of your relying on the contents of the advertisements.
11. No Agency
You and "Modernfoodprocessing.co.in" are independent contractors,
and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
12. Notices
Except as explicitly stated otherwise, any notices shall be given
by postal mail to "Modernfoodprocessing.co.in" Attn: Legal Department,
Ruby House, 'A' Wing, J K Sawant Marg, Dadar (W), Mumbai 400 028 (in
the case of "Modernfoodprocessing.co.in" )or to the email address
you provide to Modernfoodprocessing.co.in during the registration
process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to Modernfoodprocessing.co.in
during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
13. Arbitration
Any controversy or claim arising out of or relating to this User Agreement
or our services shall be settled by binding arbitration in accordance
with Arbitration & Conciliation Act, 1996. Any controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Mumbai and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either
you or Modernfoodprocessing.co.in may seek any interim or preliminary
relief from a court of competent jurisdiction in Mumbai necessary
to protect the rights or property of you or Modernfoodprocessing.co.in
pending the completion of arbitration.
14. Legal Compliance
The laws of republic of India govern this agreement. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in Mumbai,
Maharashtra, India in all disputes arising out of or relating to the
use of the Modernfoodprocessing.co.in sites/services. Use of the "Modernfoodprocessing.co.in"
sites/services is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree to indemnify and hold
"Modernfoodprocessing.co.in", subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out
of your use of or conduct on the "Modernfoodprocessing.co.in" sites/services.
"Modernfoodprocessing.co.in" reserves the right to disclose any personal
information about you or your use of the "Modernfoodprocessing.co.in"
sites/services, including its contents, without your prior permission
if "Modernfoodprocessing.co.in" has a good faith belief that such
action is necessary to: (1) conform to legal requirements or comply
with legal process; (2) protect and defend the rights or property
of "Modernfoodprocessing.co.in" or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests of its members
or others. "Modernfoodprocessing.co.in" performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of "Modernfoodprocessing.co.in"
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the "Modernfoodprocessing.co.in"
sites/services or information provided to or gathered by "Modernfoodprocessing.co.in"
with respect to such use. if any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and "Modernfoodprocessing.co.in" with respect to the "Modernfoodprocessing.co.in"
sites/services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user
and "Modernfoodprocessing.co.in" with respect to the "Modernfoodprocessing.co.in"
sites/services
15. Privacy Policy
We collect Your Information that is personally identifiable to you,
to improve our marketing and promotional efforts, to statistically
analyze site usage, to improve our content and product offerings and
to customize our site's content, layout, and services. We believe
these uses allow us to improve our site and better tailor it to meet
our users' needs.
We may also use your information to deliver information to you that,
in some cases, are targeted to your interests, such as targeted banners,
new services and promotions. By accepting the User Agreement you expressly
agree to receive this information.
We use your email address, your mailing address, and phone number
to contact you regarding administrative notices, new product offerings,
and communications relevant to your use of the Site.
We use information in the file we maintain about you, and other information
we obtain from your current and past activities on the Site, to resolve
disputes, troubleshoot problems and enforce our User Agreement. At
times, we may look across multiple users to identify problems or resolve
disputes, and in particular on rare occasions we may evaluate your
information to look for users using multiple User IDs or aliases.
Our primary goal in collecting personal information from you is to
provide you with a smooth, efficient, and customized experience while
using our services. This allows us to provide services and features
that most likely meet your needs, and to customize our service to
make your experience easier and quicker.
To fully use our services, you will need to register using our online
registration form, where you will be required to provide us with your
contact information and other personal information as described in
our electronic membership registration form.
We automatically track certain information about you based upon your
behavior on our site. We use this information to do internal research
on our users' demographics, interests, and behavior to better understand
and serve our users. This information is compiled and analyzed on
an aggregated basis. This information may include the URL that you
just came from (whether this URL is on our site or not), which URL
you next go to (whether this URL is on our site or not), what browser
you are using, and your IP address.
In addition, we use cookies on certain pages of our site. We may also
offer certain features that are only available through the use of
a cookie. We use cookies since it will allow you to enter your password
less frequently during a session. Cookies can also help us provide
information, which is targeted, to your interests. Cookies are stored
on your hard drive, not on our site. Most cookies are "session cookies,"
meaning that they are automatically deleted at the end of a session.
You are always free to decline our cookies if your browser permits,
although in that case you may not be able to use certain features
on our site and you may be required to re-enter your password more
frequently during a session.
If you choose to buy or sell on our site, we collect information about
your buying and selling behavior. We also collect other users' comments
about you in our feedback area. If you choose to post messages in
our bulletin board, chat rooms or other message areas or leave feedback
for other users, we will collect such information about you as you
choose to disclose.
Unfortunately, due to the existing regulatory environment, we cannot
ensure that all of your private communications and other personally
identifiable information will never be disclosed in ways not otherwise
described in this Privacy Policy.
By way of example (without limiting the foregoing), we may be forced
to disclose information to the government or third parties under certain
circumstances, or third parties may unlawfully intercept or access
transmissions or private communications.
We can (and you 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 an
investigation of fraud, intellectual property infringements, or other
activity that is illegal or may expose us to legal liability.
Therefore, although we use industry standard practices to protect
your privacy, we do not promise, and you should not expect, that your
personally identifiable information or private communications would
remain private. As a general proposition, we do not sell or rent any
personally identifiable information about you to any third party.
We may use third party Suppliers and Service Providers to facilitate
our services. For example, we may outsource the operations of one
or more aspects of our site to a Supplier or Service Provider who
performs services according to our requirements. In some instances,
the Service Provider may collect information directly from you (such
as the situation where we ask a Service Provider to conduct a survey
for us).
In these cases, you will be notified of the involvement of the Supplier
or Service Provider, and all information disclosures you make will
be strictly optional. In all cases, we restrict how these Suppliers
and Other Service Providers may access, use and disclose your information.
In general, we do not permit these Suppliers and Other Service Providers
to sell your information to third parties.
We will share much of our data, including personally identifiable
information about you, with our subsidiaries and other websites so
that you gain greater value addition from the services and information
provided by them. To the extent that these entities are getting access
to your information, they will treat it at least as protectively as
they treat information they obtain from their other users. We usually
require our subsidiaries and other web sites to follow privacy practices
no less protective of all users than our practices described in this
document.
Once posted, you cannot change or remove any public postings made
in our chat rooms or other message areas or the feedback area. We
will retain in our files information you have requested to remove
in some circumstances, such as to resolve disputes, troubleshoot problems
and enforce our User Agreement. Further, such prior information is
never completely removed from our databases due to technical constraints
and the fact that we back up our systems. Therefore, you should not
expect that all of your personally identifiable information would
be completely removed from our databases in response to your requests.
Except as otherwise expressly discussed in this Privacy Policy, this
document only addresses the use and disclosure of information we collect
from you.
To the extent that you disclose your information to other parties,
whether they are buyers or sellers on our system or other sites throughout
the Internet, different rules may apply to their use or disclosure
of the personal information you disclose to them.
To the extent that we use third party advertisers, they adhere to
their own privacy customs and policies. Since "Modernfoodprocessing.co.in"
does not control the privacy policies of third parties, you are subject
to the privacy customs and policies of that third party. We encourage
you to ask questions before you disclose your personal information
to others.
"Modernfoodprocessing.co.in uses industry standard efforts to safeguard
the confidentiality of your personal identifiable information, such
as firewalls and Secure Socket Layers. However, "perfect security"
does not exist on the Internet.
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