TERMS OF USE

This is a legally binding agreement between you (“User” or “You”) and Intrakraft Solutions Pvt. Ltd. (“Intrakraft” or “Us” or “We”) governing your use of our website (www.Intrakraft.com) or associated tools or applications that may be offered from time to time by Intrakraft (“Platform”). Please read it carefully. By clicking “I Agree,” or visiting/using/installing the Platform or any updates OR by streaming its content from any web portal (as may be applicable), owned by Intrakraft, you agree to the terms and conditions contained herein.

Intrakraft provides a platform for users of the Platform (“Users”), who are in the business of sale and/or purchase of goods and services (“Products”) to connect and enter into agreements for buying and selling of goods and services (“Agreements”). Your use of the Platform and the underlying services and tools offered through the Platform (“Services”) are subject to and governed by the following terms and conditions (“Terms”).

When You use any of the Services provided by Us, including but not limited to offering, selling, buying, shipment, payment facilitation, credit facilitation, correspondence etc., In addition to these Terms, You may be subject to separate and specific rules, guidelines, policies, terms, and conditions applicable to such Service, and such conditions shall be treated as an integral part of the Terms.

Membership Eligibility

Only persons who can form legally binding contracts under Indian Contract Act, 1872 are permitted to avail of our Services. You agree that:

i) You have the right, authority and legal capacity to agree to the Terms on behalf of yourself/ these Terms have been agreed to on behalf of an authorised representative;
ii) You have read, understood and agree to be bound by the Terms with respect to yourself and any minor/ corporate entity authorized by you; and
iii) You have read, understood and agree to be bound by our Privacy Policy (JMP Comment: Kindly insert link to privacy policy) with respect to yourself and any minor/ corporate entity authorized by you.

Services

Through this Platform, Users may interact and enter into Agreements for the buying and selling of Products. You acknowledge that Intrakraft is not and cannot be a party to or control in any manner any transaction between Users. Intrakraft’s Services are strictly restricted to providing a Platform and providing ancillary support Services for entering into Agreements and undertaking transactions via the Platform. Consequently, you acknowledge that:

1. Intrakraft provides no warranty as to the accuracy, completeness, reliability etc., of any contents of Platform, including Product description, and assumes no liability in this regard.

2. Intrakraft does not make any representations or warranties as to the Products proposed to be sold, offered to be sold or purchased (such as ownership, merchantability, quality, quantity, value, etc.) via the Platform. Intrakraft does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. Intrakraft does not verify the nature of any Products proposed to be sold, offered to be sold or purchased and merely acts as a platform to connect Users. Accordingly, you acknowledge that You and any User(s) you may interact or transact with via the Platform are each solely liable for your own acts or omissions. You expressly agree that Intrakraft is not liable for any acts, errors or omissions, whether on behalf of itself or third parties.

3. Intrakraft may but is not obliged to mediate or resolve any dispute between Users.

4. Intrakraft does not make any representation or warranty with regard to its Users, including their solvency, legal title, creditworthiness, identity, etc. You agree that you shall independently verify the bona fides of any User that You choose to deal with on the Platform and use Your best judgment in that behalf.

5. You release and indemnify Intrakraft and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users and/or Intrakraft and specifically waive any claims that you may have in this behalf under any applicable Law. Notwithstanding its reasonable efforts in that behalf, Intrakraft has no responsibility to verify any information provided by Users which is made available on the Platform.

Usage of Platform

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

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

a) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, right to privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity or involve the sale of counterfeit or stolen products. Any information that is not your intellectual property will identify the holder of intellectual property rights in such material and shall be done so with the prior permission of such holder;

b) is misleading in any way, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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' as construed under applicable Law from time to time;

c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, casteism, discrimination, bigotry, hatred or incitement to physical harm of any kind, or harasses or advocates harassment of or against any group or individual;

d) involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';

e) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

f) 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, or provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;

g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

i) contains video, photographs, or images of another person (with a minor or an adult).

j) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

k) 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 Platform;

l) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

m) interferes with the Platform or with another User's use and enjoyment of the Platform;

n) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or contains content that would be prohibited or violates the letter or spirit of these Terms;

o) violates any law for the time being in force;

p) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

q) impersonate another person;

r) 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;

s) 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. shall be false, inaccurate or misleading;

t) shall directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; or

u) shall create liability for us or cause us to lose (in whole or in part) any business or services.

2. You acknowledge that we are the owner of all intellectual property rights in any material which we have created or commissioned a third party to create. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or in any way reproduce or circumvent the navigational structure or presentation of the content on the Platform, to obtain or attempt to obtain any data or information about the Platform or the content through any means other than that which has been purposely made available through the Platform. You shall not copy, translate, disassemble, decompile, create or attempt to create the source code from the object code, or reverse engineer our intellectual property. You will not do or cause or permit anything which may damage or endanger our intellectual property or assist others to do so. You will not challenge the validity of our intellectual property, and shall immediately notify us of any suspected infringement of the intellectual property. "Intrakraft", the Intrakraft logo, and other marks indicated on the Platform are trademarks of Intrakraft. Other Intrakraft or Intrakraft graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Intrakraft. Intrakraft's trademarks and trade dress may not be used in connection with any product or service that is not Intrakraft's, including in any manner that is likely to cause confusion amongst Users, or in any manner that disparages or discredits Intrakraft. All other trademarks not owned by Intrakraft that appear on the Platform are the property of their respective owners.

3. Intrakraft has no control all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork generated by Users. You acknowledge that Intrakraft is merely an intermediary for the purposes of these Terms.

4. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, password 'mining' or any other illegitimate means.

5. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Platform, or exploit the Platform or any Service or information made available or offered by or through the Platform, 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 Platform.

6. 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 Intrakraft, intrakraft, intrakraft.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Intrakraft, the Users, or the Platform or otherwise tarnish or dilute any Intrakraft’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 Platform or Intrakraft’s systems or networks, or any systems or networks connected to Intrakraft.

7. You shall at all times ensure full compliance with applicable Law, including but not limited to the Information Technology Act, 2000 and rules thereunder, taxation Laws, Laws related to foreign exchange, Laws related to packaging and labelling of commodities etc. A reference to any applicable Laws or to any legislation, or to any provision of applicable Laws or of any legislation includes a reference to such applicable Laws or legislation as amended, modified or re-enacted from time to time unless the context otherwise requires.

8. You shall not engage in advertising to, or solicitation of Users other than as permitted on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms if you use any information obtained from the Platform 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 messages or emails which a User may send to other Users in any 24 (twenty four) hour period to a number which We deem appropriate in our 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 Platform) 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. 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 any illegal activity.

9. In order to facilitate interaction amongst all Users, the Platform allows you access to information with regard to other Users, including contact information. You agree that you will use such information only for (a) communications in relation to entering into Agreements and usage of the Platform and the Services, which are not unsolicited commercial messages; (b) in accordance with the usage expressly permitted by such User; (c) in accordance with applicable Law; and (d) using co-branded services which may be offered on the Platform. In all such instances, you agree that you shall provide such Users the opportunity to remove themselves from your database and a chance to review, modify, delete etc., (if required) such information that you may have collected about them at all times. In addition, under no circumstances, can you disclose personally identifiable information about another User to any third party without the express consent of such User. You acknowledge that you are solely responsible for any unauthorised use of the same. You will not communicate with a User, including those you may have entered into Agreements with, to your mail list (email or physical mail) without their express consent after adequate disclosure.

10. We reserve the right, but have no obligation, to monitor the materials uploaded, posted or published on the Platform. Intrakraft shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable Law or either the spirit or letter of these Terms. Notwithstanding this right, you remain solely responsible for the content you post on the platform and in your private messages. In no event shall Intrakraft assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from any content on the Platform.

11. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, 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 Platform.

12. It is possible that other Users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform 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 Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized usage, but you acknowledge and agree that we are not responsible for any such actions, or for the safety and security of any personal information that you publicly disclose or share with others on the Platform.

13. You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation or act in a destructive or disruptive manner.

14. Except as expressly provided in these Terms, no part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without Intrakraft’s express prior written consent.

15. You may use information, including with regard to the Products purposely made available on the Platform for downloading, if any, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for such purposes for which they have been made available and in accordance with the terms upon which they have been made available, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

16. Intrakraft reserves the right to impose limits on the number of transactions or transaction price which Intrakraft may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process transactions exceeding such limit.

17. Intrakraft reserves the right to refuse to process transactions by Users with a prior history of questionable charges at the sole discretion of Intrakraft, including without limitation breach of any Agreements, any agreements with Intrakraft, or breach/violation of any Law or any charges imposed by any Banks.

18. Intrakraft may do such checks as it deems fit before approving the receipt of a User’s commitment to pay the transaction price (for Cash On Delivery transactions). As a result of such check if Intrakraft is not satisfied with the creditability of the User or genuineness of the transaction / transaction price, it will have the right at its sole discretion to reject the commitment to pay transaction price and impose such other conditions as it may deem fit.

19. Intrakraft may delay notifying confirmation of any payments received, or confirmation to dispatch Products, in the event that Intrakraft, in its sole discretion, deems the actions or inactions of a User to be suspicious or not bona fide. Intrakraft shall be entitled to take such actions as it may deem fit in such a situation, including but not limited to issuing instructions to hold payment of a transaction price (or part thereof), or informing relevant law enforcement officials of the same.

20. You acknowledge that Intrakraft will not be liable for any damages, interests or claims etc. resulting from not processing or delay in processing any amounts payable to you under any Agreements entered into on the Platform.

If you or your affiliates violate any of the Terms, notwithstanding other recourses available to us under applicable Law, we reserve the right to suspend or terminate your account with immediate effect, and shall not be liable for any loss, damage, or cost that you may incur due to the same.

You acknowledge that for any action requiring Intrakraft’s prior written consent, such consent means a communication coming from Intrakraft’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your Information is one of our most important assets. We store and process your information in accordance with applicable Law and our Privacy Policy (JMP Comment: Please insert link to privacy policy). You agree and acknowledge that you have read, understood and agreed to the terms and conditions of our Privacy Policy.

Disclaimer of Warranties and Liability

The Platform, the Services and any and all materials provided by us, including but not limited to those provided though the Platform, are provided on 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing.

Without limiting the generality of the forgoing paragraph, Intrakraft does not warrant that the Platform shall be made available to you; that the Platform and its contents (whether those published by Intrakraft or by a User) are complete, true, accurate or non-misleading; that you are guaranteed any profits through the use of the Platform; or that information, content, materials, product (including software) or services included on or otherwise made available to you through the Platform, its servers or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. You rely on the same entirely at your own risk.

Compliance with Laws

You agree and acknowledge that you are in compliance with and shall comply with all applicable Laws.

Indemnity

You shall indemnify and hold harmless Intrakraft, its 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 or loss or damage incurred by us due to or arising out of your usage of the Platform, breach of the Terms and/or our Privacy Policy (JMP Comment: Please insert link to the privacy policy) and any other policy of Intrakraft or terms and conditions of any Agreement(s), or your violation of any applicable Law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Delhi have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.

Jurisdictional Issues

Unless otherwise specified, the Platform is provided solely for the purpose of connecting Users for sale of Products in the Indian territory. Intrakraft make no representation that any Product is appropriate or available for use in any location. In the event you choose to use the Platform to, or enter into any Agreement to buy or sell Products from any location, including any country other than India, you agree that you do so on your own initiative and risk and Intrakraft is not responsible for ensuring the legality of the same, supply of such Products, payment or applicable refunds for such Products and compliance with applicable local Laws.

Limitation of Liability

In no event shall Intrakraft be liable for any special, incidental, indirect, lost profits, incidental or consequential damages of any kind in connection with these Terms, even if you have been informed in advance of the possibility of such damages. The limitation on liability as contained in this clause applies to anything related to the Platform and its content, Terms, Privacy Policy, Services, Agreements and claims for breach of contract; breach of warranty, guarantee, or condition; any claims by Users; strict liability, negligence, or other tort, to the extent permitted by applicable Law.

Changes

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. We will not reduce your rights under the Terms without your explicit consent. We will post any changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of changes). We will also keep prior versions of the Terms in an archive for your review.

Consequences of breach of Policy

Breach any of the provisions of this Policy may result in, but is not limited to:

Contact Us

For any legal clarifications or communications regarding the Platform, please contact us at [email protected]

Intrakraft respects the intellectual property of others. In case you feel that your intellectual property rights have been infringed, please immediately inform us of the same and specifically request removal of objectionable content by sending mail to [email protected] We shall remove any objectionable content from the Platform only upon receipt of such written request and verification of the same. In any case, Intrakraft shall not be liable to for any direct or indirect losses, damages, costs or expenses arising in relation to the same.

In the event you find the actions of another User to be offensive, harmful, inconsistent, inaccurate, deceptive, or otherwise in violation of the Terms, please contact us at:

Grievance officer
The name and contact details of the Grievance Officer are provided below:
Mr. Keshav Sharma
Intrakraft Solutions Pvt Ltd.
Phone: +91 99201 51235
Email: [email protected]
Time: Mon - Fri (9:00 - 18:00)