Welcome to New Bharat Biz App [hereinafter called “App” only](A product of Wayindia Software Solution Pvt. Ltd.). New Bharat Biz [here in after referred to as “Newbharatbiz” only] and its affiliates provide access to the App to you subject to the terms and conditions set out on this document. Please read these conditions carefully before using the App. By using the App, you signify your agreement to be bound by these conditions.
The App is a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Newbharatbiz as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Newbharatbiz, in the manner permitted by these terms
These "Newbharatbiz Terms of Service" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document outlines the following among others
- Conditions Relating to Your Use of App.
- Notice and Procedure for Making Claims of Infringement
- Notice and Procedure for Notifying Newbharatbiz of Objectionable Content
You must follow any policies made available to you within the Services.
Our Services are very diverse, so sometimes additional terms or product / service requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
01. About the App
The App is a platform that Users utilize to meet and interact with one another for their transactions. Newbharatbiz is not and cannot be a party to or control in any manner over any transaction between the App's Users.
- 1.1 All commercial/contractual terms, verbal or otherwise are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, delivery 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. Newbharatbiz does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Newbharatbiz.
- 1.2 Newbharatbiz does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the App. Newbharatbiz does not implicitly or explicitly supports or endorses the sale or purchase of any products or services on the App. Newbharatbiz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- 1.3 Newbharatbiz is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Newbharatbiz cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the App. Newbharatbiz shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- 1.4 Newbharatbiz does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the App and use your best judgment in that behalf.
- 1.5 Newbharatbiz does not at any point of time during any transaction between Buyer and Seller on the App come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with
- 1.6 All items / services purchased / availed from the sellers through the APP would be delivered by the sellers. No claim may be made to Newbharatbiz for any sort of compensation. Newbharatbiz is not responsible for unsatisfactory or delayed performance of services or damages or delays
- 1.7 The App is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Newbharatbiz 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 Seller and the Buyer.
- 2.1.1 Newbharatbiz’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Newbharatbiz can use such data in accordance with our privacy policies.
- 2.1.2 We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use App.
- 2.1.3 We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
- 2.1.4 We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We may disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
2.2 Profanity Policy
- 2.2.1 Newbharatbiz prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
- 2.2.2 This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
- 2.2.3 Please report any violations of this policy to the correct area for review:
- 2.2.4 Report offensive Display Names
- 2.2.5 Report offensive language in a listing or otherwise
Please report at email@example.com
3. Technical & Functional Management of the Platform
3.1 Contents in our App
- 3.1.1 Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
- 3.1.3 You may use information on the products and services purposely made available on the App for downloading, provided that You (a) do not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) do not make any additional representations or warranties relating to such documents.
3.2 Your Content in the App
- 3.2.1 Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
- 3.2.2 When you upload, submit, store, send or receive content to or through our Services, you give Newbharatbiz (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Newbharatbiz Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
- 3.2.3 Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
- 3.2.4 If you have a Newbharatbiz Account, we may display your Profile name, Profile photo, and actions you take on Newbharatbiz or on third-party applications connected to your Newbharatbiz Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Newbharatbiz Account.
3.3 About Software in our Services
- 3.3.1 When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
- 3.3.2 You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
- 3.3.3 Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms
3.4 User Accounts
- 3.4.1 The App is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you must not allow persons under the age of 18 to receive services through the App unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the App, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
- 3.4.2 Your account will be automatically cancelled “without giving any reason” if Newbharatbiz feels your actions cause nuisance, annoyance, inconvenience, or property damage, whether to Newbharatbiz or any of its user or any other party.
- 3.4.3 You will be asked to provide proof of identity to access or use the App and you agree that you may be denied access to or use of the App if you refuse to provide proof of identity.
3.5 Text & other Messaging
By creating an Account, you agree that Newbharatbiz may send you text (SMS) or other audio visual messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Newbharatbiz at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
When You use the App or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
All communications should be marked to firstname.lastname@example.org
3.7 Fees / Charges for use of the App
Availing Basic Services through the App is Free and shall be Free forever. However Newbharatbiz reserves its right to introduce Value Added Services from time to time which shall be on chargeable basis. The decision about services those fall under “Free” or “Chargeable” category is the sole discretion of Newbharatbiz and no advice or instructions in this regards shall be solicited.
4. User Conducts & Obligations for using our App
- 4.1 Most of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
- 4.2 Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
- 4.3 You agree, undertake and confirm that Your use of App shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information
- 4.3.1 which belongs to another person and to which You does not have any right to;
- 4.3.2 is 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" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- 4.3.4 is patently offensive to the online community, such as sexually explicit content, or content that promot obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- 4.3.6 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- 4.3.7 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];
- 4.3.8 promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
- 4.3.9 contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- 4.3.10 provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- 4.3.11 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- 4.3.13 interferes with another USER's use and enjoyment of the App or any other individual's User and enjoyment of similar services;
- 4.3.15 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 products;
- 4.3.16 deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 4.3.17 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;
- 4.3.18 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.
- 4.3.19 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.
- 4.3.20 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 App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity.
- 4.3.21 You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the services offered on or through the App, by hacking, password "mining" or any other illegitimate means.
- 4.3.22 You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, 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 App.
- 4.3.23 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 Newbharatbiz, Newbharatbiz.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Newbharatbiz or sellers on platform or otherwise tarnish or dilute any Newbharatbiz'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.
- 4.3.24 You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Newbharatbiz's systems or networks, or any systems or networks connected to Newbharatbiz.
- 4.3.25 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person's use of the App.
- 4.3.26 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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 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.
5. Modification and Termination of the App
- 5.1 We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
- 5.2 You can stop using our Services at any time, although we’ll be sorry to see you go. Newbharatbiz may also stop providing Services to you, or add or create new limits to our Services at any time.
- 5.3 We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
6. Disclaimer of Warranties & Liability
- 6.1 We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
- 6.2 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Newbharatbiz NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
- 6.3 SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
- 6.4 WHEN PERMITTED BY LAW, Newbharatbiz, AND Newbharatbiz’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
- 6.5 TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Newbharatbiz, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
- 6.6 IN ALL CASES, Newbharatbiz, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- 7.2 Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.
8. Applicable Law & Jurisdiction
- 8.1 Unless otherwise specified, the material on the App is presented solely for the purpose of sale in India. Newbharatbiz make no representation that materials in the App are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Newbharatbiz is not responsible for such uses.
- 8.2 All disputes regarding the launch, operation and termination of the App are subjected to Jurisdiction of Bhubaneswar, Odisha, India.
9. Trademark & Copyright Restrictions
This App is controlled and operated by Newbharatbiz and products / services are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on App is solely for Your personal use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other App or networked computer environment or use of the materials for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Newbharatbiz respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Newbharatbiz at email@example.com
Newbharatbiz reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Newbharatbiz may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.