These are the terms and conditions governing your use of the website www.ixsight.com (hereinafter referred to as 'the Site') and constitutes your binding obligations towards Ixsight may amend the Terms and Conditions at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. You are advised to regularly check the Terms & Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Terms & Conditions shall be deemed void and shall not affect the validity and enforceability of any remaining Terms and Conditions.
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable Indian law. Persons who are 'incompetent to contract' including minors, un-discharged insolvents etc. are not eligible to use the Site. Ixsight reserves the right to terminate your membership and/or refuse to provide you with access to the Site if Ixsight discovers that you are 'incompetent to contract'.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You agree to:
- Provide true, accurate, current and complete information about yourself as prompted by Ixsight’s Registration form (such information being the 'Registration Data').
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Ixsight has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, Ixsight has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) 'Your Information' is defined as any information you provide to us or other users of the Site ('Users') in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (or any items listed):
- Shall not be false, inaccurate or misleading;
- Shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
- Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Shall not be obscene or contain pornography;
Without limiting other remedies, Ixsight may immediately issue a warning, temporarily/indefinitely suspend or terminate your membership and refuse to provide you with access to the Site:
- If you breach the Terms and Conditions or the documents it incorporates by reference;
- If Ixsight is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or Ixsight
- Ixsight may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Ixsight or use the Site in any manner whatsoever until such time that such User is reinstated by Ixsight Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Ixsight reserves the right to recover any dues owed by you to Ixsight and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
5. Selling and Buying
Ixsight strongly advises you not to test the site with false listings, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information. Willfully entering erroneous or fictitious bids may result in prosecution by Ixsight.
Please be aware that even if you do not give Ixsight your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
6. No Warranty
Ixsight provides the Site and services 'as is' and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
7. Limitation of Liability
In no event shall Ixsight be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).
Ixsight's liability in any circumstance is limited to the amount of fees, if any, paid by you to Ixsight. Ixsight, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Ixsight assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
- Any interruption or errors in the operation of the Site. You expressly understand and agree that Ixsight shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ixsight has been advised of the possibility of such damages).
8. Security & Non Confidentiality
Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information.The concerned authority does not warrant and cannot ensure the security or confidentiality of any information which you transmit to the same. Accordingly, any information which you transmit to the concerned authority is transmitted at your own risk.
9. Termination of Access
If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you. Otherwise access to the Site may be terminated at any time by Ixsight and without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of the site will nevertheless survive any such termination.
10. Return to Site
These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts of India.