This Service Disclaimer Agreement (“Agreement”) is made and entered by you (User) and Procucev. If you access, browse and/or choose to use any features of this platform, you are agreeing that you have read, understood, accepted, and are bound by all the terms and conditions (“Terms”) of these Terms of Service between you and Procucev. These Terms of Service reflect the way Procucev works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Procucev’s relationship with you as you interact with our service.
WHEREAS, User desires to use the Services.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
Services
Company provides the Services on an “as is” and “as available” basis. Company does not warrant that the Services will be uninterrupted, error-free, or meet any particular requirements. Company reserves the right to modify or discontinue the Services, in whole or in part, at any time, with or without notice.
Definitions
Account: means an account created by a User to access and use the Platform.
Buyer: means a User who purchases through the Platform.
Seller: means a User who lists their excess stock/inventory in the Platform.
Content: means any information, data, text, software, graphics, sounds, photos, videos, or other materials uploaded, posted, or transmitted through the Platform.
Intellectual Property Rights: means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.
Services: means the services provided through the Platform, including facilitating connections between Buyers and Sellers
User Accounts
To access certain features of the Platform, you will be required to create an Account. You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for all activities that occur under your Account.You agree to provide and maintain accurate, complete, and current information about yourself as prompted by the registration process. You may not use another User’s Account without their express permission.We reserve the right to suspend or terminate your Account for any reason, including, but not limited to, your violation of these Terms.
You must create an account in order to use some of the features offered on the Platform. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
A set of User ID and OTP (One Time Password) / password is unique to a single account created on the Platform. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Terms & Conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
You may also be able to register to use the Platform by logging into your account with your credentials from certain third-party sites (e.g., Google). You confirm that you are the owner of any such account and that you are entitled to disclose your login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your account consistent with your applicable settings and instructions.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause Procucev or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your GMT & BFS account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with Procucev Platform. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
You agree to use the Services only for purposes that are permitted by (a) the Terms & Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to not to use the data owned by Procucev (as available on the Platform or through any other means like website, API etc.) for any commercial use unless agreed to by/with Procucev in writing.
You agree not to access (or attempt to access) any of the services of the Platform by any means other than the interface that is provided by Procucev, unless you have been specifically allowed to do so, by way of a separate agreement with Procucev. You specifically agree not to access (or attempt to access) any part of the Platform through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Develop, improve, and update services:
We’re constantly developing new technologies and features to improve our services. For example, we use artificial intelligence and machine learning to provide you with simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Disclaimer of Warranties:
We make no warranties, express or implied, about the services, including the accuracy, completeness, reliability, or suitability. You are solely responsible for evaluating the qualifications, capabilities, and suitability of any Buyer or Seller you choose to work with. We offer no guarantees regarding pricing, payment terms, delivery timelines.
Respect others:
We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct: comply with applicable laws, including export control, sanctions, money laundering, and human trafficking laws respect the rights of others, including privacy and intellectual property rights don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) including against children — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others; hosting or publishing any obscene content; or inciting the violation of applicable laws don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures. When we index the web to bring you search results, we respect standard usage restrictions that website owners specify in their websites’ code, so we require the same when others use our services. Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, We will Taking action in case of problems section.
Information GMT & BFS Collects Automatically from Your Use:
We collect information about the Services that you use and how you use them. GMT & BFS does this with your consent where required by applicable law. Certain information is collected automatically through your device, such as your: IP address; device identifier, Ad ID, browser type; operating system characteristics; information about your use of Services; and data regarding network connected hardware (e.g., computer or mobile device) (“Usage Information”). To the extent that Usage Information is Personal Information under applicable law or is combined with Personal Information, We will treat that information as Personal Information under this Privacy Policy.
Electronic Communication
When you visit the Platform or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Data Sharing and Privacy:
To connect Sellers with Buyers, we may share the details of your products with buyers on the platform. We strive to maintain data security. However, you acknowledge that data transmission over the internet is inherently insecure, and we cannot guarantee the absolute security of any information transmitted through our services.
Personal Information Collected from Other Sources:
GMT & BFS may (with your consent, where required by applicable law) receive your Personal Information from other sources, such as public databases, joint marketing partners, and social media platforms, and combine that with information GMT & BFS collects about you. To the extent we combine such third-party sourced information with Personal Information collects directly from you, we will treat the combined information as Personal Information. Subject to applicable law, Procucev is not responsible for the accuracy of the information obtained from third parties or third-party practices.
How GMT & BFS uses information collected
To provide, maintain, protect and improve Procucev’s Services, develop new services, and protect Procucev and GMT & BFS’s users;
To facilitate, manage, personalize, and improve your online experience;
To respond to your inquiries and fulfill your requests, such as to send you newsletters and e-mails;
For Procucev’s business purposes, such as data analysis, audits, fraud monitoring and prevention, enhancing, improving, or modifying Procucev’s Services, identifying usage trends, and operating and expanding Procucev’s business activities; and
To send you advertisements and communicate with you about products, services, offers, promotions, rewards, and events Procucev believes may be of interest to you.
With your consent (where required by applicable law), Procucev’s agents, Sellers, Buyers,consultants, marketing service providers, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on Procucev’s behalf. These Service Providers may be located in countries other than your country of residence. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance on Procucev’s behalf. Procucev may also (where required by applicable law) share information about you as follows:
A. As necessary, for the following purposes: (a) to comply with legal process; (b) to respond to requests from public and government authorities, including public and government authorities outside your country of residence to meet national security or law enforcement requirements; (c) to enforce Procucev’s terms and conditions; (d) to protect Procucev’s operations and protect Procucev’s rights, privacy, safety or property, and/or that of you or others; and (e) to allow Procucev to pursue available remedies or limit the damages that Procucev may sustain;
B. With Procucev’s affiliates for internal business purposes. For example, processing your orders, fulfilling your requests, providing Buyer service, and improving Procucev’s products and services to better serve you;
C. With Procucev’s subsidiaries, affiliates, business partners, and other third parties for their own business purposes. For example, improving their products and services; and
D. To a third party in connection with or during negotiations of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Procucev’s business, assets or stock (including in connection with any bankruptcy or similar proceedings).
When Procucev engages Service Providers and when disclosure of Personal Information to such providers is necessary for the provision of such service, Procucev ensures that such providers will protect Personal Information in a manner consistent with this Privacy Policy and all applicable data privacy laws.
Aggregated Information
Without limiting the forgoing, in Procucev’s sole discretion, Procucev may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
User Content and Liability:
You are responsible for the accuracy and completeness of the information you submit through our services. You agree to hold us harmless from any and all claims, liabilities, damages, losses, and expenses arising from your use of the services, including but not limited to, reliance on quotes, transactions with Sellers and Buyers, or any disputes arising from such transactions. You retain all ownership rights to the Content you upload, submit, or display on the Platform. By submitting Content, you grant Procucev a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such Content solely for the purpose of providing and operating the Platform. You are solely responsible for the accuracy, completeness, legality, and reliability of all Content you submit. You agree not to submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or racially or ethnically offensive.
DATA SECURITY
Procucev seeks to use reasonable technical and organizational security measures to help protect your Personal Information from loss, theft, misuse and unauthorized access, disclosure, alteration, or destruction. In addition, Procucev will not keep your Personal Information for longer than necessary for the purposes set out in this Privacy Policy. Unfortunately, no data transmission or storage system is completely secure, and Procucev cannot guarantee the security of your information collected through Procucev’s Services.
Service-related communications:
To provide you with our services, we sometimes send you service announcements and other information. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Permission to use your content:
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful. Our services include software that’s offered under open-source license terms that we make available to you. Sometimes there are provisions in the open-source license that explicitly override parts of these terms,so please be sure to read those licenses. You may not copy, modify, distribute, sell, or lease any part of our services or software.
Limitation of Liability
We will not be held liable for any damages arising out of or related to the use of our services, including, but not limited to, failed negotiations, payment issues, delayed deliveries, or unsatisfactory work quality.
User Conduct
User agrees to use the Services in accordance with all applicable laws and regulations. User shall not use the Services for any illegal or unauthorized purpose.
Payment Responsibilities:
We are not responsible for facilitating or guaranteeing payment between you and the enterprise. Payment terms are solely between you and the enterprise for the purchase.The other Payment related to Procucev and Seller will be as mentioned during our proposal and agreement.
Client Relationship:
We are not a party to any contract or agreement formed between you and the enterprise. Procucev is neither involved in nor is it a party to any transaction between any parties who use the Service. Procucev’s principal role is merely to connect Buyers with sellers in the Network using information provided by Buyers, You and other sellers. Procucev does not control and has no responsibility for the behavior of or the information provided by Buyers, You and other sellers. You agree and acknowledge that Procucev has no control over its Buyer’s decision to conduct or complete a transaction with You or share Your information with a third party through the Service. Accordingly, You shall defend, indemnify and hold Procucev harmless against any expense, liability, loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings (“Claims”) made or brought against Procucev by a third party arising from or relating to (i) a dispute between You and Your Buyers arising from Your use of the Service to exchange information or conduct business with such Buyer; (ii) Your Information; (iii) Your violation or breach of these Terms of Use; and/or (iv) Your use of any products available on the Early Payment Platform. Your indemnity obligations are subject to the following: (x) Procucev shall promptly notify You of any Claims; (y) You shall have sole control of the defense and all related settlement negotiations with respect to any Claims (provided that You may not settle any Claim that requires Procucev to admit any civil or criminal liability or incur any financial obligation without Procucev’s prior written consent, which consent shall not be unreasonably withheld); and (z) Procucev shall reasonably cooperate to the extent necessary at Your cost in such defense and settlement.
Use of Platform and Services
All commercial/contractual terms with respect to the products and services are offered by and agreed to between the Buyers and Sellers alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Procucev is just a facilitator or a marketplace and does not have any control or does not determine or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and the Sellers.
Procucev may, however, offer support services to the Sellers with respect to technology for the Platform, payment gateway integration, online promotions, and other services, pursuant to the contracts executed by it with the Sellers.
Procucev shall not be responsible for managing the Buyer service, however, it shall only provide for the direct contact details and/or Buyer service details of the Sellers on the Platform. However, in case of contingency where the Buyer is unable to reach out to the Seller that Procucev shall provide for such emergency Buyer service through its our medium like email or phone call to bridge the gap between the Buyer and the Seller during its official working hours.
You are advised to independently verify the bona fides of any Seller or Buyer that you choose to deal with on the Platform and use your best judgment in that behalf. All Seller or Buyer offers and third-party offers are subject to respective party terms and conditions. Procucev takes no responsibility for such offers.
Procucev neither makes any representation or warranty as to specifics (such as quality, value etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Procucev accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Procucev is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers on the Platform. Procucev cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Procucev is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Procucev is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between the Buyer and the Seller on the Platform come into or take possession of any of the products or services offered by the Seller. At no time shall Procucev hold any right, title or interest over the products nor shall Procucev have any obligations or liabilities in respect of such contract entered into between the Buyer and the Seller.
Procucev is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Buyer and the Seller. The Seller shall be solely liable for redressing the Buyer complaints. In the event you raise any complaint on any Seller accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Seller and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of Procucev and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) 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) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, 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 these Terms & Conditions and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Procucev 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 & Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Procucev views. In no event shall Procucev assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
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.
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 uses, but by using the Platform, 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 Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
Procucev 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
Procucev’s failure to enforce any right or failure to act with respect to any breach by User under the Terms & Conditions will not constitute a waiver of that right nor a waiver of Procucev’s right to act with respect to subsequent or similar breaches.
Procucev shall have the right to assign the Terms & Conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms & Conditions to any person or entity (including any affiliates of Procucev). User may not assign, in whole or part, the Terms & Conditions to any person or entity.
The Terms & Conditions shall be governed by the laws of India and the parties to the Terms & Conditions agree to submit to the exclusive jurisdiction of the courts of New Delhi, India.
Licenses:
Procucev grants to you limited, revocable, non-transferable, non-sub-licensable and non-exclusive license to use the Platform on payment of fees (as per the agreement signed between you and Procucev), pursuant to which you are allowed to access the Platform for the sale and purchase of goods.
You shall at all times during the period of use of the platform avail the services only from Procucev and such use of the services shall be as per the terms and conditions set out in the License Agreement signed by you.
The software extensions made available through the Procucev are licensed, not sold, to you. The extensions have been developed, and are licensed to you, by Procucev.
Your license to each Procucev’s extension is subject to the License Agreement entered into between you and Procucev. Procucev reserves all rights in and to the extension not expressly granted to you. You acknowledge that you are acquiring the license to each third-party extension from Procucev.
License Restrictions. You may not make copies, translations, or modifications of or to the Platform. You may not alter, obscure, or remove the copyright notice on any copy of the Platform. You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Platform, nor may you use the Platform in a manner that disrupts the operation of any associated services or otherwise in a manner that was intended (for example, by engaging in any unlawful activity through the Platform).
You are responsible for properly configuring and using the Platform and taking your own steps to maintain appropriate security, protection and backup of your content, which may include the use of encryption technology to protect your content from unauthorized access and routine archiving of your content.
We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses:
a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Platform.
a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Platform.
Commission Disqualification:
Offering commissions or incentives to us or our representatives in exchange for increased visibility or preferential treatment on the platform will result in your disqualification
Cookies:
If you use our Service or leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Integration Service Use:
We leverage third-parties as part of our Services. You have already established a connection with these third-parties and as such, their Privacy Policy applies. These include Google Analytics, Google Search Console.We will use this information to gather statistics and other information to utilize the features of our Service. We obtain this information through the use of API’s, data connections between our Service and third-party providers. We do not control, and are not responsible for, other uses of your personal information by third-party data providers.
General Terms of use of the platform:
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
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;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the 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;
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 products related to the Platform. Throughout these Terms & Conditions, Procucev’s prior written consent means a communication coming from Procucev’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms & Conditions;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other sellers.
Third-Party Services
The Platform may integrate with or contain links to third-party websites or services. Procucev is not responsible for the content or privacy practices of any third-party websites or services. We recommend that you review the terms and conditions and privacy policies of any third-party websites or services you access through the Platform.
Intellectual Property:
The GMT & BFS platform and all its content, including but not limited to text, graphics, logos, icons, images, and software, are the property of us or our licensors and are protected by copyright, trademark, and other intellectual property laws.You agree not to remove, alter, or obscure any copyright notices or other proprietary notices placed on the GMT & BFS platform.
Liabilities
For all users Both the law and these terms try to strike a balance as to what you or GMT & BFS can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.
These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.
If you’re a business user or organization,To the extent allowed by applicable law, you’ll indemnify directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service specific additional terms. This indemnity covers any liability or expense arising from claims, losses,damages, judgments, fines, litigation costs, and legal fees.
If you’re legally exempt from certain responsibilities, including indemnification, then those
responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain
immunities from legal obligations and these terms don’t override those immunities.
We won’t be responsible for the following liabilities:
loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential loss.
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 Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
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 or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
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 Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, 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.
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 name ‘˜Procucev’ and ‘˜GMT & BFS, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Procucev or the Seller on platform or otherwise tarnish or dilute any Procucev’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, 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 Procucev’s systems or networks, or any systems or networks connected to Procucev.
Financial Terms:
All payments for use and license of the Platform must be received by us prior to using the Platform for sale or purchase of goods. We accept payment by net-banking, credit card, debit card, cash card and mobile payments.
The Platform allows you to place and receive orders for sale or purchase of goods, subject to the Terms & Conditions set out herein. Procucev neither represents the Buyer nor the Seller in the specific transactions between them.
Procucev does not own, sell, resell on its own and/or does not control the Seller or the related services provided in connection thereof. You understand that any order that you place shall be subject to the Terms & Conditions including, but not limited to, product availability.
Procucev is not liable responsible for quality, safety, lawfulness or availability of the products or services offered for on the Platform or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase.
The final tax bill and/or Invoice will be issued by the Seller to the Buyer along with the order and Procucev shall have no role to play in this transaction, other than the role of the facilitator or a marketplace. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Seller. Procucev holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Seller.
The prices reflected on the Platform are determined solely by the Seller and are listed based on Seller’s information. Very rarely, prices may change at the time of placing order due to Seller changing the listed price without due intimation and such change of price are at the sole discretion of the Seller attributing to various factors beyond control.
The Seller shall be solely responsible for any warrantee/guarantee of the products sold to the Buyers and in no event shall be the responsibility of Procucev.
The transaction is bilateral between the Seller and Buyer and therefore, Procucev is not liable to charge or deposit any taxes applicable on such transaction.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Seller be incorrectly reflected and in such an event Seller may cancel such your order(s).
Disclaimer
The content on the Platform is for informational purposes only. Procucev disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Procucev reserves the right to make changes and corrections to any part of the content on the Platform at any time without prior notice. Procucev does not guarantee quality of the Goods, the prices listed in Platform or the availability of products posted on the Platform. Unless stated otherwise, all pictures and information contained on the Platform are believed to be owned by or licensed to Procucev. Please email a takedown request to the webmaster if you are the copyright owner of any content on the Platform and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Procucev. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Procucev.
Any certification, licenses or permits (‘Certification’) or information in regard to such Certification that may be displayed on the Seller’s listing page on the Platform is for informational purposes only. Such Certification is displayed by Procucev on an ‘as available’ basis that is provided to Procucev by the Seller. Procucev does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and Procucev in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Seller.
Procucev reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of GMT & BFS Platform anytime in future.
Procucev reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in any program if Procucev determines in its sole discretion that the User has violated the rules of the Platform and/or has been involved in activities that are in contravention of the Platform terms and/or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Procucev reserves the right to modify, cancel and discontinue its any program or facilities without notice to the User.
No Endorsement
We do not endorse any Vendor. In addition, although these Terms & Conditions require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
Privacy Policy Changes
We may update our Privacy Policy at times. We will notify you of any changes by updating the new Privacy Policy on this page. Will will also communicate with you via email as well as post a prominent notification on our website. We advise you to review this Privacy Policy periodically for any changes.
Force Majeure
Procucev is not liable or responsible for failure or delay in the performance of any of these Terms & Conditions and/or the individual contracts, if such failure or delay is due to any reason beyond the reasonable control, including, but not limited to, an act of God, acts of public enemy, war (whether declared or not), rebellion, internet hacking, internet outage, Telecom service provider issues, power outage, server issues and riots (collectively ‘Force Majeure’).
Term and Termination
This Agreement shall commence on the Effective Date and shall continue until terminated by either party. Company may terminate this Agreement at any time, with or without notice. User may terminate this Agreement by ceasing to use the Services.
Indemnity
You release and fully indemnify Procucev and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Procucev cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Karnataka without regard to its conflict of laws principles.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach.
Modifications:
We reserve the right to modify these terms and conditions at any time. We will notify you of any changes by posting the revised agreement on our website. Your continued use of our services after the posting of revised terms constitutes your acceptance of the changes.
Notice
All legal notices or demands to or upon Procucev shall be made in writing and sent to Procucev personally, by courier, certified mail, or facsimile to the following entity and address:
Procucev Enterprise Solutions Pvt Ltd
302, First Floor, Sharada, Above Axis Bank, AECS Layout, Kundalahalli, Bengaluru, Karnataka 560037
The notices shall be effective when they are received by Procucev in any of the above-mentioned manner.
CONTACT US
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
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:
Procucev Enterprise Solutions Pvt Ltd
302, First Floor, Sharada, Above Axis Bank, AECS Layout, Kundalahalli, Bengaluru, Karnataka 560037
BY USING THE SERVICES, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT.