This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
Your use of a supeal website www.supeal.com (hereinafter referred to as "supeal")
and services and tools are governed by the following terms and conditions as
applicable to Supeal. If you transact on Supeal, you shall be subject to the
policies that are applicable to the website for such transaction. By mere use
of the website you shall be contracting with Hojo Enterprises having
registered office at Office 213, 2nd floor, Above Radhakrishna NX,
Dapoda, Bhiwandi, Thane - 421302 , India. and these terms and conditions
constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require ‘You’
shall mean any natural or legal person who has agreed to become a member of the
Website by providing Registration Data while registering on the Website
as Registered User using the computer systems of the Supeal.
When you use any of the services provided by the Supeal, including but not
limited to, (e.g., Customer Reviews), you will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. Supeal reserves the right,
at its sole discretion, to change, modify, add or remove portions of these
Terms of Use, at any time. It is your responsibility to check these Terms of
Use periodically for changes. Your continued use of the Site following the
posting of changes will mean that you accept and agree to the changes. As long
as you comply with these Terms of Use, Supeal grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL
THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE PROCEEDING.
Membership Eligibility
Use of the Supeal Website is available only to persons who can form legally
binding contracts under Indian Contract Act, 1872. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 including minors, un-discharged insolvents etc. are not eligible to
use the Supeal Website. If you are a minor i.e. under the age of 18 years, you
shall not register as a member of the Supeal and shall not transact or use Supeal
website. As a minor if you wish to use or transact on Supeal, such use or
transaction may be made by your legal guardian or parents who have registered
as users of the Supeal. Supeal reserves the right to terminate your membership
and refuse to provide you with access to the Supeal if it is brought to Supeal’s
notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use Supeal, you shall be responsible for maintaining the confidentiality
of your User ID and Password and you shall be responsible for all activities
that occur under your User ID and Password. You agree that if you provide any
information that is untrue, inaccurate, not current or incomplete or Supeal has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, Supeal
has the right to indefinitely suspend or terminate or block access of your
membership with Supeal and refuse to provide you with access to the Website.
Communications
When You use the Website or send emails or other data, information or
communication to Supeal, You agree and understand that You are communicating
with Supeal through electronic records and You consent to receive
communications via electronic records from Supeal periodically and as and when
required. Supeal may communicate with You by email or by such other mode of
communication, electronic or otherwise.
Charges
Membership on the Supeal is free. Supeal does not charge any fee for browsing
and buying on the Supeal. However Supeal reserves the right to charge fee and
change its policies from time to time. In particular, Supeal may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Supeal. In such an event Supeal reserves, without
notice to You, the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
Fee and related policies shall automatically become effective immediately once
implemented on Supeal. Unless otherwise stated, all fees shall be quoted in
Indian Rupees. You shall be solely responsible for compliance of all applicable
laws including those in India for making payments to Supeal.
Use of Supeal Website www.Supeal.com
You agree, undertake and confirm that your use of Supeal shall be strictly
governed by the following binding principles:
You shall not host, display, upload, modify, publish,
transmit, update or share any information:
(a) belongs to another person and to which You does not have
any right to.
(b) 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;
(c) misleading in any way.
(d) is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) 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];
(i) 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;
(j) contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual,
violent or otherwise inappropriate manner or solicits personal information from
anyone;
(m) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person
age 18 or older without his or her express written consent and permission or
those of any minor (regardless of whether you have consent from the minor or
his or her legal guardian).
(o) tries to gain unauthorized access or exceeds the scope
of authorized access (as defined herein and in other applicable Codes of
Conduct or End User Access and License Agreements) to the Sites or to profiles,
blogs, communities, account information, bulletins, friend request, or other
areas of the Sites or solicits passwords or personal identifying information
for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without Supeal's
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" items related
to the Sites. Throughout this Terms of Use, Supeal "prior written
consent" means a communication coming from Supeal Legal department,
specifically in response to your request, and specifically addressing the
activity or conduct for which you seek authorization;
(q) solicits gambling or engages in any gambling activity
which Supeal, in its sole discretion, believes is or could be construed as
being illegal;
(r) interferes with another user's use and enjoyment of the Supeal
Website or any other individual's user and enjoyment of similar services;
(s) refers to any website or URL that, in the sole
discretion of Supeal, contains material that is inappropriate for the Supeal
Website or any other Website, contains content that would be prohibited or
violates the letter or spirit of these Terms of Use.
(t) harm minors in any way;
(u) 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;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
(x) impersonate another person;
(y) 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;
(z) 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.
(aa) shall not be false, inaccurate or misleading;
(ab) 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.
(ac) shall not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers;
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 Website or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Website or any Content, to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. Supeal reserves the
right to bar any such activity.
You shall not attempt to gain unauthorized access to any
portion or feature of Supeal website, or any other systems or networks connected
to Supeal Website or to any Supeal’s server, computer, network, or to any of
the services offered on or through Supeal Website, by hacking, password
“mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Supeal
website or any network connected to Supeal website nor breach the security or
authentication measures on Supeal website or any network connected to Supeal
Website. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to Supeal Website, or any other customer of Supeal,
including any Supeal account not owned by you, to its source, or exploit Supeal
Website or any service or information made available or offered by or through Supeal
Website, 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 Supeal Website.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of Supeal
Website or Supeal’s systems or networks, or any systems or networks connected
to the Supeal.
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person’s use of
the Website.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal you
send to Supeal on or through the Website or any service offered on or through
the Website. You may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of Supeal or others.
Solely to enable Supeal to use the information you supply us
with, so that we are not violating any rights you might have in Your
Information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights you have
in Your Information, in any media now known or not currently known, with
respect to Your Information. Supeal will only use Your Information in
accordance with the terms of use and Supeal’s Privacy Policy.
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 attributes of such
items or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of,
other users of Supeal to buy or sell any products or services, including, but
not limited to, products or services related being displayed on Supeal or
related to Supeal. You may not transmit any chain letters or unsolicited
commercial or junk email to other users via Supeal. It shall be a violation of
these Terms of Use to use any information obtained from Supeal in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person outside of the Supeal without Supeal’s prior
explicit consent. In order to protect our users from such advertising or
solicitation, Supeal reserves the right to restrict the number of messages or
emails which a user may send to other users in any 24-hour period which Supeal
deems appropriate in its sole discretion.12. You understand that Supeal has the
right at all times to disclose any information (including the identity of the
persons providing information or materials on the Supeal Website) as necessary
to satisfy any law, regulation or valid governmental request. This may include,
without limitation, disclosure of the information in connection with
investigation of alleged illegal activity or solicitation of illegal activity
or in response to a lawful court order or subpoena. In addition, we can (and
you hereby expressly authorize us to) disclose any information about you to law
enforcement or other government officials, as we, in our sole discretion,
believe necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury.
Supeal reserves the right, but has no obligation, to monitor
the materials posted on Supeal website. Supeal shall have the right to remove
or edit any Content that in its sole discretion violates, or is alleged to violate,
any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right of Supeal, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE SUPEAL WEBSITE AND IN YOUR PRIVATE
MESSAGES. Please be advised that such Content posted does not necessarily
reflect the views of Supeal. In no event shall Supeal assume or have any
responsibility or liability for any Content posted or for any claims, damages
or losses resulting from use of Content and/or appearance of Content on Supeal.
You hereby represent and warrant that you have all necessary rights in and to
all Content you provide and all information it contains and that such Content
shall not infringe any proprietary or other rights of third parties or contain
any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through Supeal,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. Supeal shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on Supeal.
It is possible that other users (including unauthorized
users or “hackers”) may post or transmit offensive or obscene materials on Supeal
and that you may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information about
you due to your use of Supeal, and that the recipient may use such information
to harass or injure you. Supeal does not approve of such unauthorized uses but
by using the Supeal Website you acknowledge and agree that Supeal is not
responsible for the use of any personal information that you publicly disclose
or share with others on Supeal. Please carefully select the type of information
that you publicly disclose or share with others on Supeal.
Supeal.com shall have all the rights to take necessary
action and claim damages that may occur due to your involvement/participation
in any way on your own or through group/s of People, intentionally or
unintentionally in DoS/DDoS (Distributed Denial of Services).
