 |
|
||
| Terms and Conditions | |||
 |
|
||
|
|
||
|
|
||
|
|
1. INTRODUCTION We want the
Hitecindia community to be open, honest and courteous so that individual
project owners and service providers can transact sales in a safe and
friendly environment. We rely on you to help us maintain Hitecindia level of
trust and integrity. This Terms of Use Agreement ("Agreement")
outlines both acceptable and unacceptable practices on this web site. If you
have any questions, kindly contact us via e-mail from our contact page. 2. THIS AGREEMENT This Agreement is a
legal document which sets out your rights and obligations, and those of
Hitecindia ("Hitecindia", "we" or "us"), in
relation to the services offered by Hitecindia through the Hitecindia site.
Registration for the Hitecindia services is free but by registering for the
Hitecindia services you become a member and agree to the terms of this
Agreement, and you re-affirm that agreement every time you use any
Hitecindia services. We recommend that you print out a copy of this
Agreement, keep it in a safe place and consult it whenever you propose to
transact through any of Hitecindia’s services. 3. HITECINDIA'S ROLE Hitecindia is not and
cannot be responsible for the behavior of, or the projects offered by, the
project owner - whether it is an individual or a business. Hitecindia has no
control over or responsibility for the quality, safety, or legality of bids,
our their truth or accuracy, whether the service provider can or will supply
and pass good title to any project, or whether the purchasing project owner
can or will pay for them. Hitecindia does not pre-screen projects or bids
posted. Hitecindia is not a party to any transactions, and only provides the
technical means, and a venue, for transactions to be initiated or conducted.
Also, Hitecindia cannot and does not control the completion or validity of
transactions; even though members are prohibited from doing so, some may
provide information, or otherwise behave, in a way that is unreliable,
illegal, or in breach of a members' obligations under this agreement.
Therefore, you should exercise no lesser degree of caution in entering into
transactions - whether as a project owner or service provider, than you
would exercise when entering into a similar transaction offline. 4. CONTACTING OTHER
HITECINDIA USERS To make the project
posting and bidding cycle a fair one for all users and give all users equal
accessibility to information about projects, service providers and bidding
the following contact rules apply: No email address,
URLs, telephone numbers or any other contact details that would enable a
browser of Hitecindia to contact you outside the Hitecindia forum are
permitted to be posted on any part of this web site other than the user
registration page.Hitecindia has the rights to edit if the profile contain
such inforamtion. No communications
between Hitecindia subscribers is permitted outside the Hitecindia forum
which would undermine the fairness of bid and project placement process Once
a service provider has completed a project for a project owner initiated by
Hitecindia, no direct communication between these two parties about further
projects work is permitted outside the Hitecindia forum. This is applicable
for a duration of one year from project completion date. If any of the above
violations is found to have occurred the offending user may receive one or
all of the following:
Suspected violations
can be reported to Hitecindia by members anonymously by selecting the
“Report violation” links displayed on all listings pages. 5. ELIGIBILITY FOR
MEMBERSHIP Our services are
available only to individuals who can form legally binding contracts under
applicable law. You must be 18 years of age or older to join the Hitecindia
forum. 6. REGISTERING When you register
with Hitecindia, you MUST provide accurate personal information. All
required fields must be completed accurately with information that will
allow Hitecindia to contact you by email, telephone and land mail. You may
not register multiple times; instead, edit your original registration to
update your personal information. If you have trouble accessing your
original registration, please contact Hitecindia. Any missing, incomplete,
or INACCURATE registrations will result in your account being closed,
current projects and bids listed by you will be ended, any current bids on
other projects will be removed, and your information will be permanently
banned from the Hitecindia. Any subscription fees lost by the administrative
closing of your membership will NOT be refunded to your account. 7. PASSWORDS Passwords are
non-transferable and may not be used for any unauthorized purpose. You may
not disclose (to any third party) or share your password. Hitecindia will
NEVER ask you for your password, so do not give your password to anyone
claiming to be an agent or employee of Hitecindia. Members are responsible
for their own passwords. If your password has been stolen, immediately
contact Hitecindia. Give them your user ID and inform them your password is
stolen - Your account will be immediately deleted. You are responsible for
your account and all charges associated with it up to that point. You may
then re-register using a different password. 8. BIDDER TERMS AND
CONDITIONS All Hitecindia
participants must register as a vendor before bidding on an posted project.
Bidders should carefully research any projects they are interested in
bidding on. Hitecindia will send out vendor information to client compnay 9. PROJECT POSTING The placement through
your Hitecindia account (whether by you or someone who uses that account) of
a project for inclusion in the bidding forum, becomes binding, and may not
changed after the first bid on that project is placed. You must list your
project in the appropriate category. You may not post a project on our site
which: includes links to or
includes advertising for goods or services which you are not trying to
request on Hitecindia. is an advertisement
of your services and not a project requesting technical professionals to
complete a task for you. infringes any third
party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy otherwise causes a
legally-recognized harm (such as a product that contains a defamatory
statement) is illegal under, or
your sale to the service provider would violate, any applicable law,
statute, ordinance or regulation. Remember, by listing
a project you are inviting another member to enter into a legally binding
contract with you. 10. AFTER THE PROJECT
IS CLOSED Hitecindia servers
will send notifications to all vendors once the proejct is Closed. This is where the
involvement of Hitecindia ends and you are both free to communicate about
the project. After email contact, phone numbers should be exchanged between
the buyer and the seller. We recommend that you speak over the phone to
confirm the project understanding, or before shipping merchandise. If
repeated emails go unanswered by either party, you should notify Hitecindia.
We will then release the other party's phone number. 11. RESOLVING
DISPUTES Hitecindia members
are expected to conduct business with the honor system in mind. All members
in good standing have shown their integrity by registering, and following
through with any commitments they have made. But we are all human, and
mistakes and miscommunication can lead to disputes. If you find yourself in
a situation where you and another member are at a disagreement, contact
Hitecindia. While we cannot promise a satisfactory resolution, we will try
to contact both parties and help mediate the situation. Any illegal
activities, breaking of a contract, or outright statements of falsehood
should be reported to us immediately. Hitecindia staff will cooperate with
any law enforcement agencies, and at the least terminate the offender's
membership. 12. PRICE
MANIPULATION Project posters or
bidders shall not artificially manipulate the price of any listing on the
Hitecindia web site by the use of a secondary account, third party or by any
other method. There are many security measures in place to prevent this.
However, if it were to happen such a user would be banned from Hitecindia
and legal action may be taken. 13. SYSTEM INTEGRITY You may not interfere
or attempt to interfere with the proper working of Hitecindia. You may not
list any action that imposes an unreasonable or disproportionately large or
burdensome load on our infrastructure. 14. MEMBER CONDUCT Each member is solely
responsible for the content of his or her transmissions through the site. A
member's use of the site is subject to all applicable local,
state/provincial, national and international laws and regulations. Each
member agrees:
Each member agrees
not to transmit through the site any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature. Each member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offence, give rise
to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to our computer systems are prohibited. Hitecindia may, at its sole
discretion, immediately terminate a user's membership if his or her conduct
fails to conform to these Terms and Conditions. Each page where a
listing appears includes a facility for violation reporting. Use this to
notify us of any legitimate concerns you may have about that listing - in
particular, that the project, bids or feedback appearing there may infringe
legitimate intellectual property rights, communication, or other applicable
laws. We encourage Members to use that facility. 15. TERMINATION OF
MEMBERSHIP Hitecindia reserves
the right to issue warnings, temporary or indefinite suspensions, or
terminations of Hitecindia membership to any user who violates any of the
provisions set forth in the rules, guidelines, terms and conditions as
listed, or for any other reason at our sole discretion. Should a member
object to any of these Terms and Conditions, or any subsequent modifications
thereto, or become dissatisfied with the service in any way, such member's
only recourse is to immediately discontinue use of the service and to
terminate his or her membership by notifying Hitecindia. If Hitecindia
terminate a members membership, it is the members responsibility to
terminate any subscription payments they have setup with WorldPay for the
payment of Hitecindia subscriptions. Hitecindia will not refund any
subscription payments if a member has neglected to cancel their payments
after termination of membership. 16. TERMINATION OF
PROJECT OR BID LISTINGS Hitecindia reserves
the right to terminate, without notice, and projects that: Are overtly
inflammatory, controversial, or offensive to our members Are multiple,
identical projects posted within a category or cross-posted in more than one
additional category Are intentionally mis-categorized Contain advertisements
that wholly or mainly intended to divert buyers away from the Hitecindia web
site Display evidence of fraudulent project information or bidding activity.
Violate any of the
rules, guidelines, Terms and Conditions of this service. 17. LIMITED LIABILITY To the extent that
the law permits, you release Hitecindia, its agents and employees from all
liability arising out of or in connection with any listing or transaction,
including (without limitation) all claims and demands relating to listings,
uncompleted or completed transactions, or projects offered for tender, or
actually sold or supplied, through or in connection with any listing or
transaction. You agree to
indemnify Hitecindia against all liabilities, claims and expenses that may
arise from any breach of this Agreement by you or through your Hitecindia
account. 18. NO AGENCY You and Hitecindia
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. 19. PERSONAL
COMMUNICATIONS "Personal
Communication(s)" means any information you provide to us, or to other
users on the Hitecindia site, during the registration, bidding or project
posting process, or in any public message area or the feedback area or
through any e-mail feature. You are solely responsible for your personal
communications and we are merely a passive conduit for its online
distribution and publication. However, we reserve the right to take any
action with respect to such personal communication(s) if we deem it
necessary or appropriate in our sole discretion if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services
of our ISP's or other suppliers. Personal Communication(s): shall not infringe
upon any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy shall not violate any
federal, state of local law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising) shall not be
defamatory, trade libelous, threatening or harassing shall not be obscene
or contain pornography. shall not contain any
viruses, trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal
information. Any attempt to
"hack" into our system, send harmful programs (viruses, etc...) to
Hitecindia or its users, or illegally gain access to our files through any
other means WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW. You hereby grant to
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicense able (through multiple tiers) right to exercise all copyright and
publicity rights, in any media now known or not currently known, with
respect to any Personal Communications. 20. NOTICES Except as explicitly
stated otherwise, any notices from Hitecindia shall be given by e-mail to
the e-mail address you provided to Hitecindia during the registration
process (in your case), or such other address as the party shall specify.
Notice shall be deemed given 24 hours after e-mail is sent, unless we are
notified that the e-mail address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt requested, to
the address provided to Hitecindia during the registration process. In such
case, notice shall be deemed given 10 working days after the date of
mailing. 21. GENERAL This Agreement shall
be governed in all respects by the laws of the United Sates of America. Both
parties submit to jurisdiction in the United States of America and further
agree that any cause of action arising under this agreement shall be brought
exclusively in a court. Hitecindia does not
guarantee continuous, uninterrupted or secure access to our services, and
operation of our site may be interfered with by numerous factors outside of
our control and by site maintenance. If any provision of
this agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof. 22. OUR COMMITMENT With that being said, we want to extend a hearty welcome to you from all the Hitecindia staff. We appreciate your every visit to our site and wish you the best of luck whether posting projects or providing a service. We also welcome your comments, suggestions, compliments and even complaints. Hitecindia was designed with you the technical professional in mind, and we look forward to bringing you quality and profitability to your business. |
||
