IF YOU DO NOT AGREE OR DO NOT WISH TO BE BOUND BY THIS SITE, DO NOT ACCESS OR USE THIS SITE.
• This Site is owned and operated by Servboom with its registered office at A-15 Old No-A-74, F/F Kh No-1239/832, Gali No-6 West Vinod Nagar, New Delhi-110092.
• Servboompromotes business between supplier(s) and buyer(s)[hereinafter referred as “User(s)]in the Information Technology Sector (hereinafter referred as “IT Sector”). This Site acts as a platform for you to negotiate and interact for buying and selling of goods and services relating to the IT Sector, by way of locating companies and/free lancers (hereinafter referred as “Affiliated Members”) to trade with, through our online exchange.
• Servboomdoes not take part in the actual transaction that takes place between the User(s) henceis not to be considered or misunderstood to be a party to any contract for the sale negotiated between the User(s). Thus, all responsibility for the transaction will be of the User(s) only.
• This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Servboom and any other party(s).
• User(s) means any individual or business entity/organization that legally operates in India or in other countries and has the right to use the services provided by Servboom.
• Use of the Site 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 Site. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Site and shall not transact on or use the Site. Servboom reserves the right to terminate your membership and/or refuse to provide you with access to the Site if it is brought to Servboom’s notice or if it is discovered that you are under the age of 18 years.
• Servboom shall not be responsible or liable for any consequences caused by the behavior of anyUser(s) of this Site. Servboom reserves the rights to refuse the service to anyone at any time.
• User(s) shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
• User(s) agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
3. REGISTERED USER(S):
• To become a Registered User(s) of the Site there is a proper procedure which is for the convenience oftheUser(s) so that they can easily log-in and log-out of the Site.
• User(s) can become a Registered User(s) by filling an online registration form on the Site by giving desired data including name, contact information, details of its business, etc. (hereinafter referred as “Information”). Servboom will establish an Account for the User(s) upon registration and assign a User ID and Password for log-in access to your Account for the Site. The Site may or may not assign User(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. User(s) will be responsible for the content of all the messages communicated through the Account, as well as the consequences of any such message.
• By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Servboom to share such information with another User(s). Servboom may refuse registration and deny the membership and associated User ID and Password to any User for whatever reason. The Site may suspend or terminate a Registered membership at any time without any prior notification intheinterest of Servboom or general interest of its visitors/other members without giving any reason thereof. Registered User(s) are not a part or affiliate of Servboom in any way.
• The User(s) agree that despite your contact number(s) are on Do Not Call Registry, they consent to be contacted by Servboomthrough phone calls, SMS notifications or any other means of communication, in respect to the services provided by Servboom.
4. INTERACTION BETWEEN USERS:
• Servboom provides an online platform for exchanging Information between User(s) such as the buyer(s) and the supplier(s) of products and services for the IT Sector. The Site does not represent any User(s) in any transactions and does not charge any commission for enabling any transaction.
• The Site 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 User(s) to complete a sale or a purchase. User(s) are cautioned that there may be risks of dealing with people acting under false pretenses.
• The Site ensures to verify the accuracy and authenticity of the information and the Identification Documents provided by the User(s). However, since it is not possible in all cases and is not 100% full-proof, Servboom cannot and does not confirm each User(s) purported identity. ServboomencouragesUser(s) to use various tools available on the Site and otherwise, as well as common sense, to evaluate the User(s) with whom they would like to deal with.
• User(s) acknowledge and fully assume the risks of purchase and sale transactions when using the Site to conduct transactions, and that the User(s) fully assume 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.All of the foregoing risks are hereafter referred to as "Transaction Risks".
• In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Servboom 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.
• This Agreement applies toallUser(s) if you are a seller, a buyer, aRegisteredUser, a free or paid User who accesses the Site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
click here. Additionally, by using this Site the User(s) acknowledge and agree that Internet Transmissions are never completely private or secure. The User(s) understand that any message or information sent to this Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
7. POSTING YOUR CONTENT ON SITE:
• Some of the content displayed on the Site is provided or posted by Third Parties. Third Parties can post their content on some of the sections/services of the Site using the self-help submit and edit tools provided in the respective section. They may need to register and/or pay for some of these services.
• Servboom in such case is not the author. The content here is contributed by anonymous, registered or paid Third Party. Any Third Party content is the sole responsibility of the party who has provided the content. Servboom is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any User(s) in connection with his/her reliance on such Third Party content.
• In addition, Servboom is not responsible for the conduct of Third Party 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 any such partie’s conduct.
• Third Party hereby represent, warrant and agree that information submitted to Servboom for display on the Site will not:
a. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
b. Be part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;
c. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other User(s)/Party(s) rights;
d. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
e. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
f. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
g. Solicit business from any User(s)in connection with a commercial activity that competes with Servboom;
h. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
j. Otherwise, create any liability for Servboom or its affiliates.
8. LINKS TO OTHER SITES:
• This Site may contain links to other independent third-party Web sites (hereinafter referred to as “Linked Sites”). These Linked Sites are provided solely as a convenience to our User(s).
• Such Linked Sites are not under Servboom’s control, and Servboom is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
• User(s) are advised to make their own independent judgment regarding your interaction with these Linked Sites.
9. INTELLECTUAL PROPERTY RIGHTS:
• Unless stated otherwise, Servboom is the sole owner of the license of all intellectual property rights in theSite and its content, including software’s, passwords, codes, designs, layout, text, images etc. - used or supplied in connection with its operation - and the material published on it. These works are protected by copyright laws and treaties around the world. All rights not otherwise claimed under this Agreement or by the Site, are hereby reserved.
• All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Servboom, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
10. LIMITATION OF LIABILITY:
• Servboomhereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.
• Servboom does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any rights; and Servboom makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
• Any material downloaded or otherwise obtained through the Site is done at your sole discretion and risk and you are solely responsible for any damage to your 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 you or through or from the Site shall create any warranty not expressly stated herein.
• Under no circumstances shall Servboom be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.
• The Site 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 the Site in asserting any available defenses.
• The Site 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.
11. GOVERNING LAWS:
• The User(s) agree that all matters relating to their access to or use of the Site, including all disputes, will be governed by the laws of India. The parties to this Agreement hereby agree and submit to the exclusive jurisdiction of the courts of New Delhi India, and waive any objection to such jurisdiction or venue.
• In the event of any controversy or dispute between Servboom and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
• If we are unable to resolve any such dispute within a reasonable time [not to exceed sixty (60) days], then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
• The User(s) agree to indemnify and hold Servboom, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Servboom by any third party due to or arising out of or in connection with your use of the Site.
• Disclose any information if itdetermine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Site;
• Identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Servboom’s rights or property, or the rights or property of visitors to or User(s) of the Site;
• Comply with any applicable law, regulation, legal process or governmental request;
• In its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site;
• Also, Servboom shall be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of any action, in addition to any other relief granted to Servboom.
• You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations of India.
• Servboomshall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
• All calls to Servboom are completely confidential. However, your call may be recorded to ensurethequality of service. Further, for training purpose and to ensure excellent customer service, calls from Servboom may be monitored and recorded.
• All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to Site, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.
• Notice to a User(s) shall be deemed to be received by such User(s) if and whenSite is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the Site that is publicly accessible without charge.
• All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to Servboom via email as provided or in the following address:
SERVBOOM APPLICATIONS PVT. LTD.
A-15 OLD NO-A-74,
F/F KH NO-1239/832,
GALI NO-6 WEST VINOD NAGAR,
NEW DELHI- 110092
16. DISCLAIMERS:SERVBOOM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USER(S) USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SERVBOOM CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED OR ACCESSED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SERVBOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SERVBOOM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USER(S) USE OF THE SITE AND/OR ANY SERVBOOM SERVICES. THE USER(S) ASSUMES TOTAL RESPONSIBILITY FOR THEIR USE OF THE SITE AND ANY LINKED SITES. THE USER(S) SOLE REMEDY AGAINST SERVBOOM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, WHICH THE USER(S) ACCEPTS.
• The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
• Servboom reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.