Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
"Agreement" shall mean this User Agreement and shall include the User application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Illegal/Prohibited Content, Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Company may in its absolute discretion add to the Site from time to time. It shall be deemed to have been executed at Mumbai.
“Banner" means a service offered to a User wherein a graphic image is placed on the Site and used to advertise the product(s) and/or service(s) of the User and this graphic image is linked to the User's own website.
c."Call Me Free" means a service offered to a User on the Site which helps the User to connect with other Users who have subscribed to this service. Using this service, a User who may be a prospective Buyer can call a listed seller on the Site. In order to receive enquiries from prospective buyers, prospective sellers, on the Site, may subscribe to this service by paying money to buy calling time for their prospective buyers. The Company may offer this Service on a trial basis to Users, as well. This service is also commonly referred as CLICK TO CALL.
d."Designsoftnet means proprietory office at Mumbai , along with its unit for the Company's website called smargain.co.inand where the context so requires, means and includes all Infocom Network Limited's officers, directors, employees and subsidiary, associate and affiliate entities, and/or business entities with whom Infocom Network Limited enters into a partnership or strategic or financial alliance.
e."Credit Report" is a third party paid service provided to a User to obtain information about another company or legal entity, including detailed analytical information about profitability, past and present trading analysis and ownership essentially with a view to analyze their credit rating and stability.
f."Customized Header Catalog" is a subtype of On-line Catalogs that allow the customer to have catalog designed to his taste, however the functionalities available on the Catalog are fixed and are a part of the standardized offering.
g."Customised Websites" is a platform for Users to showcase their products or services on the Site.
h."Date of Commencement" of service i.e. live hosting of product is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
i."Date of Termination" means the date when the User's subscription comes to an end. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
j."Dial B2B – Phone Search Service" means the Service by which the Company offers a FREE search through the telephone service helping prospective buyer(s) in getting details of prospective supplier(s) for their required product by email and/or sms. The User is required to call an (India) toll free number with an enquiry. A Company representative in response to the enquiry passes on the User's buying requirements and contact details collected telephonically to prospective sellers and the details of the prospective sellers to the user.
k."E-seller Facility" means a payment gateway service granted by a third party bank or financial institution, and is subscribed by a User either independently or through the Company to facilitate On-line sale of goods through their website or the On-line Catalog.
l."Illegal/Prohibited content" means the content Hosted on the Site which is either illegal or prohibited by law or both and includes content which has been specifically set forth on the Site as such.
m."Multilingual Service" is a part of the On-line catalog & Customized Website services. A User can also subscribe to Multilingual Service, which is a facility for the User to present his On-line Catalog or Customized Website on the Site in upto 10 different languages of his choice including English. A User may use this service to see the content of an On-line catalog or Customized Website translated in a language of their choice to be selected from the languages appearing on the web page(s)/Site. The multilingual service is based on machine translation and no guarantees can be provided about the quality of the machine translation particularly if it were compared to the translation quality if done by a human language expert.
n."Online Catalog" is a platform wherein a User can showcase its/his products or services Online by posting on the Site the photographs and ordering information of such product and/or service. Note: Terms Online Catalog or Online Catalogue both refer to same product Online Catalog.
o."10 Page Online Catalog" is a larger and more descriptive form of Online Catalog with multiple features and several sections offered to a User, to show case his/their products and services on the Site in greater detail.
p."Party" or "Party(ies)" means the User and/or the Company in reference to the context.
q."Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.
r."Sensitive Personal Data/Information" means such personal information of a User which consists of information relating to:-
i.password(s);
ii.financial information such as Bank account or credit card or debit card or other payment instrument details;
iii.physical, physiological and mental health condition;
iv.sexual orientation;
v.medical records and history;
vi.Biometric information; or
vii.any detail or information relating to the above clauses provided by User.
Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Data/ Information for the purposes of the Agreement.
s."Services" means the Services provided by the Company to the User of the Site and includes the following facilities:
i.Services to the User wishing to post his contact details in the Exporters Yellow Pages and/or other such directory services published in print or in other media by the Company;
ii.Services to the User who wishes to advertise and gain exposure for their business through On-line Catalogs, Website Hosting and Customised Websites, Customized Header Catalog, Call Me Free, ESeller Facility, Dial B2B, Multilingual Catalogs and 10 Page Online Catalog, Trade Leads, Trade Lead Ratings and/or Banners through the Site;
iii.Services to the User who wishes to insert advertisements at the Site;
iv.Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp;
v.Services to the User who wishes to obtain ready to use global tender information of all major global and Indian tenders;
vi.Such other or further services that may be provided by the Company and/or smargain.co.infrom time to time.
t."Site" means smargain.co.inand includes any link which opens with the Site and unless repugnant to the subject and context thereof includes other websites operated by the Company.
u."Tenders" is a service provided by the Company whereby the User can access a database that contains the latest information on tenders floated by government and private organizations all over the globe.
v."Trade Leads" is a service provided to a User wherein a User posts information about a particular product and/or service that he wishes to procure or sell on the Site.
w."Trust Stamp" is a paid service offered to a User wherein the User permits the Company to undertake verification of its credibility, reliability and trustworthiness in the market.
x."User" is defined as a person whether legal or juristic, or any body corporate who makes use of the Site in any manner and includes all individuals and/or corporate members/subscribers who use the Services provided by the Site, whether or not for any payment. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User; and Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site. Each registered User is given a unique User ID by the Site.
y."Web Hosting" is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User's business.
