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Terms and conditions

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.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of website.

www.agmarks.com (hereinafter referred to as "Website") is the exclusive property of Astona Private Limited with its registered office at 202, Sai Anantha Krishna Heights, 1st Lane Ramnagar, Ongole - 523001, Prakasam District, Andhra Pradesh, India.

Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you browse, access, secure access to the Website, You shall be subject to all the policies and terms mentioned herein. By merely accessing or securing access, browsing the Website, You shall be contracting with website, Agmarks.com and these terms and conditions including the policies constitute your binding obligations, with website Agmarks.com

For the purpose of these Terms of Use, wherever the context so requires ‘you’ or “User” shall mean any natural or legal person browsing, accessing or who has registered on the Website by providing Registration Data while registering on the Website as Registered User using Computer, Mobile phones, Tablets.

We allow users to surf, browse the Website without registering on the Website. The term “we”, “us”, “our” shall Agmarks.com

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website, following the posting of changes shall indicate your consent and acceptance to such revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, use the Website.

ACCESSING, BROWSING THE WEBSITE, REGISTERING ON THE WEBSITE INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy and legal policies mentioned on website.

Terms of use

This Website shall be used only by 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 this Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not use Website. As a minor if you wish to use or transact on Website, such use may be made by your legal guardian or parents on the Website. The Website reserves the right to terminate your Registration and / or refuse to provide you with access to the Website if it is brought to the Website‘s notice or if it is discovered that you are under the age of 18 years.

Registration & no charges

The website does not charge any fee for browsing, creating an account on the website. In particular, website may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, the website reserves 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 Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. 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 Agmarks.com

Site terms of use

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles. You hereby agree not to use the site to:-

  1. harass or advocate harassment of another person;
  2. involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
  3. promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  4. infringe 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];
  5. promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
  6. provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  7. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  8. upload, share, transmit video, photographs, or images of another person (with a minor or an adult).
  9. to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website or to account information or other areas of the site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  10. engage in commercial activities and/or sales without our prior written consent of the Website such as contests, sweepstakes, barter, advertising and pyramid schemes etc. related to the site. Throughout this Terms of Use, website ‘s prior written consent means a communication coming from site‘s Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;
  11. solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
  12. interfere with another user's use and enjoyment of the Website (www.agmarks.com) or any other individual's user and enjoyment of similar services;
  13. harm minors in any way;
  14. infringe 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 including images, pictures, information, data;
  15. violate any law for the time being in force;
  16. spread, transmit, upload 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, cancel bots, 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;
  17. threaten the unity, integrity, defense, 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.
  18. To 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.
  19. You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or any third parties including individuals, companies, entities, organizations etc.

Prohibited use of website

  1. 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 site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. We reserve our right to bar any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server, computer, network, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the site or any networks neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the 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 the Website.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name used by us including the terms Agmarks.com, Website or otherwise engage in any conduct or action that might tarnish the image or reputation, of Agmarks.com, Website or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with the trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website‘s systems or networks, or any systems or networks connected to the website
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the Website (www.agmarks.com), or with any other person’s use of the Website.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, you send to us 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.
  7. 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 Agmarks.com, Website and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
  9. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website.
  10. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or solicit, or sell to another person including but not limited to individuals, entities, companies, organizations any such information.
  11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the 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.
  12. We reserve the right, but have no obligation, to monitor the materials posted on the Website. The Website shall have the right to remove or edit any content, product, image 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. In no event shall Agmarks.com, Website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content, Images, Products offered etc.
  13. Your correspondence or business dealings with any third party vendor on the Website, or participation in any of the offers/ promos hosted on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party vendor offering such promos/ offers. We 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 third party vendors on the Website.
  14. It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website 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 the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website.
  15. The Website 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).

Contents posted on the website

The Platform description, Content, text, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to the Website shall be the sole property of Agmarks.com and we have worldwide, perpetual and transferable rights in regard to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works. The content, information including information relating to products, offers, content uploaded by any third party vendor shall be herein after referred to as “Third Party Content”.

All the intellectual property, proprietary rights arising out of such “Third Party Content” shall be the exclusive property of the respective intellectual property owners. We have no intention to acquire the intellectual property arising out of Third Party Content. In no event, shall Agmarks.com, Website hold any responsibility, liability for such Third Party Content.

The Website may also contain free images from the internet, images legally outsourced from various sources, royalty free images and in such case, the source of the images may also be mentioned and credit shall be given to the respective intellectual property owner.

Nothing contained herein shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website (www.agmarks.com) or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Agmarks.com

In the event of any criminal act committed by the third party vendor or its staff or affiliate, you may take direct action under the laws of the country on such third party vendor or its staff or affiliate and in such cases the Website, Agmarks.com shall also be informed about the same.

In the occurrence of the any such event mentioned above, you shall not make the Website, Agmarks.com, a party to such offence, as the third party vendor or its staff or affiliates are individually and severally liable for any criminal act committed by him or her

Review policy

While we encourage you to share your views and opinions on the Website, we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by you on and/or using Website. The Website shall however not agree with or endorse every comment that individuals post on the Website. When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account. We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the Website.

You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that:-

  1. Violate our Terms and Policies;
  2. Is harmful, threatening, abusive, harassing, tortuous, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable
  3. Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  4. Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name
  5. Constitutes a knowingly erroneous or unethical review
  6. Causes, or is a result of, a conflict of interest;
  7. Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,
  8. Contains material that is not in English
  9. Accesses or uses the account of another user without permission;
  10. We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.
  11. Please don't exaggerate, falsely state, misrepresent your experience and watch your language.
  12. This also includes but not is limited to derogatory comments or indication of a personal vendetta against Website, Agmarks.com and its affiliates.

All links posted as comments, reviews on the Website will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our Website. The Website shall have the right to immediately block your access and further it shall also have the right to remove any non-compliant comment, post, review and content forthwith, uploaded on the Website. The Website reserves have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

Privacy

we view protection of your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal 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. Our Privacy Policy is available for more details.

Legal disclaimer

This Website, all the services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Website does not warrant that:-

  1. This Website will be constantly available or available at all; or the information on this Website (www.agmarks.com) is complete, true, accurate or non-misleading.
  2. The Website does not warrant that this site; information, Content, materials, images, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE. You will be required to enter a valid name, phone number and email id while availing registering on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.

Indemnity

You shall indemnify and hold harmless the Website, Agmarks.com, its Director, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, damage claims made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable law / jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad

Description

The Website does not ensure that the content including description, data and information thereof is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. The Website may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, content, blogs etc. Information received via this Website should not be relied upon for personal, legal or financial decisions.

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