Terms
of Use
TRACKOFY. USER AGREEMENT
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY
The following
demonstrates User Agreement (here-in-after referred to as an
"Agreement") between Atlanta Systems Private Limited
(hereinafter referred to as "Atlanta Systems Private Limited")
and the users of the Website ("You", "Your",
"User"/"Users").
Before you subscribe to and/or begin participating in or using web site, Atlanta Systems Private Limited believes that user(s) have fully read, understood and accept
the Agreement.
If you do not agree to or wish to be bound by Agreement, you may not access to
or otherwise use the website.
USER AGREEMENT
Your use of a Atlanta Systems website - https://trackofy.com(hereinafter
referred to as "the website") and services available on a website is
governed by the following terms and conditions. This User Agreement for the
website shall come into effect on June 3, 2013.
AMENDMENT TO USER(S) AGREEMENT
Atlanta Systems Private Limited may
change, modify, amend, or update this agreement from time to time without any
prior notification to user(s) and the amended and restated terms and conditions
of use shall be effective immediately on posting. You are advised to regularly
check for any amendments or updates to the terms and conditions contained in
this User Agreement. If you do not adhere to the changes, you must stop using
the service. Your continuous use of the service will signify your acceptance of
the changed terms.
USER(S) ELIGIBILITY
User(s) means any individual
or business entity/organization that legally operates in India or in other
countries, uses and has the right to use the services provided by Atlanta Systems Private Limited . Our services are available only to those
individuals or companies who can form legally binding contracts under the
applicable law i.e. Indian Contract Act, 1872. As a minor if you wish to
purchase or sell an item on the Website such purchase or sale may be made by
your legal guardian or parents who have registered as users of the Website. Atlanta Systems Private Limited advises its users that while accessing the website, they must
follow/abide by the related laws. Atlanta Systems Private Limited is not responsible for
the possible consequences caused by your behavior during use of website. Atlanta Systems Private Limited may, in its sole discretion, reserve the right to terminate
your membership and refuse to provide you with access to the Website at any
time.
If you are registering as a business entity, you represent that you are duly
authorized by the business entity to accept this User Agreement and you have
the authority to bind that business entity to this User Agreement.
ELECTRONIC COMMUNICATIONS
When You use the Website
or send emails or other data, information or communication to Atlanta Systems Private Limited, You agree and understand that You are communicating with Atlanta Systems Private Limited through electronic records and You consent to receive communications via
electronic records from Atlanta Systems Private Limited periodically and as and when
required.
USE OF THE https://trackofy.com
You understand and agree
that Atlanta Systems Private Limited and the Website merely provide hosting services to its
Registered Users and persons browsing/visiting the Website. All items
advertised/listed and the contents therein are advertised and listed by
Registered Users and are third party user generated contents. Atlanta Systems Private Limited has no control over the third party user generated contents.
Please note that in accordance with applicable law`s
in case of non-compliance with user agreement and privacy policy for access or
usage of intermediary computer resource, the Intermediary has the right to
immediately terminate the access or usage rights of the users to the computer
resource of Intermediary and remove non-compliant information.
You
shall not host, display, upload, modify, publish, transmit, update or share any
information or share/list(s) any information or item that:
·
Belongs to another
person and to which You does not have any right to;
·
Is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, 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" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
·
Harm minors in any way;
·
Infringes any patent,
trademark, copyright or other proprietary 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 items;
·
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, 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
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
·
Shall not be false,
inaccurate or misleading;
·
Shall not, 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, rule, regulation or guideline for the time being in
force.
·
Shall not create
liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and
·
Shall not link directly
or indirectly to or include descriptions of items, goods or services that are
prohibited under the User Agreement or any other applicable law for the time
being in force including but not limited to the Drugs and Cosmetics Act, 1940,
the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the
Indian Penal Code, 1860, Information Technology Act 2000 as amended time to
time and rules there under.
You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000 and rules there under as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/
VAT, Income Tax, Octroi, Service Tax, Central Excise,
Custom Duty, Local Levies) regarding your use of our 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 particular you shall ensure that if any of your
items listed on the Website qualifies as an "Antiquity" or "Art
treasure" as defined in the Act ("Artwork"), you shall indicate
that such Artwork is "non-exportable" and sold subject to the
provisions of the Arts and Antiquities Act.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free,
sub-licensable (through multiple tiers) license to Atlanta Systems Private Limited to
display and use all information provided by them in accordance with the
purposes set forth in agreement and to exercise the copyright, publicity, and
database rights you have in such material or information, in any form of media,
third party copyrights, trademarks, trade secret rights, patents and other
personal or proprietary rights affecting or relating to material or information
displayed on the web site, including but not limited to rights of personality
and rights of privacy, or affecting or relating to products that are offered or
displayed on the website. Atlanta Systems Private Limited will only use Your Information in
accordance with the User Agreement and Atlanta Systems Private Limited Privacy Policy. You
represent and confirm that you shall have absolute right, title and authority
to deal in and offer for sale such items, goods or products.
From time to time, you shall be responsible for providing information relating
to the items 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 over emphasize the item-specifics of such items or
services so as to mislead other Users in any manner.