Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

 

The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of byftu.com ("Web Site"), which promotes business between micro- scale/ small- scale sellers and buyers globally. This is an agreement between You as the user of the Web Site and Mrs. Renu Goyal, wife of Mr. Naresh Chand Goyal, carrying on business globally as the sole proprietor of ‘BYFTU’, with PAN  ______, residing at 13, Banarsi Das Estate, Lucknow Road, Near Timarpur, New Delhi- 110054. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.


1. WEBSITE- ONLY A MATCH- MAKING PLATFORM

The Web Site acts as a platform for connecting User(s) with other User(s) for interacting and entering into negotiations in respect thereof for sale or supply of goods or services. BYFTU or byftu.com are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any kinds of agreements including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.

BYFTU does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale
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2. USER(S) ELIGIBILITY


User(s) represent and warrant that they have the right to avail or use the services provided by BYFTU, which includes the Web Site and the various features in relation to the use of the Web Site (“BYFTU’s Services”). BYFTU’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use BYFTU’s Services.

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time.
Indiamart BYFTU or the website shall not be liable towards the User(s) or anyone else for any content, information or any other material transmitted over BYFTU’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material. The risk of damage from such material lies completely with each User(s).The User(s) shall do its own due diligence prior to entering into any transaction with other User(s) of the website. BYFTU, at it’s sole discretion, reserves the right to refuse BYFTU’s Services to anyone at any time. BYFTU’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by BYFTU.


3. USER(S) AGREEMENT

This Agreement applies to any person who accesses or uses BYFTU’s Services for any purpose. IndiamartIt also applies to any legal entity which might be represented by any person who accesses or uses the Web Site, under real or apparent authority. User(s) may use this Web Site and the other BYFTU Services only for their commercial/ business purposes.

This Agreement applies to all services offered by BYFTU (including the Web Site), collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. This Agreement shall govern the User’s usage of BYFTU’s Services and the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between BYFTU and the User.

 

 

4. AMENDMENT TO USER(S) AGREEMENT

BYFTU reserves the right to amend, modify, change or update the Agreement from time to time and such amended provisions of the Agreement shall come into effect immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be considered to signify Your acceptance of the amended provisions of the Agreement.


5 INTELLECTUAL PROPERTY RIGHTS

BYFTU is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the images, graphics, sound, video, design, layout, text etc. of, or made available on, the Web Site. The Web Site Content contains trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in BYFTU, its affiliates or licensor’s of the Web Site content, as the case may be.

All rights, not otherwise claimed under this Agreement by BYFTU, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. BYFTU does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.

For any content and or link uploaded to the Website by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall BYFTU be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to BYFTU’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. BYFTU respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. BYFTU reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.


·         Trademark
“BYFTU" and related icons and logos are registered trademarks or trademarks or service marks of BYFTU in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

·         Copyright
All Web Site Content including Website Information is copyrighted to BYFTU excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

User(s) acknowledge and agree that BYFTU is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). BYFTU encourages User(s) to assist BYFTU in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, BYFTU does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which BYFTU declines to take down a listing, BYFTU does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

BYFTU respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site ("BYFTU Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with BYFTU, or otherwise commercially exploiting the BYFTU Content unless otherwise agreed between the parties. Systematic retrieval of BYFTU Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BYFTU is prohibited.
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In addition, use of the BYFTU Content for any purpose not expressly permitted in this Agreement is prohibited and entitles BYFTU to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of BYFTU's Services, they will not use BYFTU’s Services to infringe the intellectual property rights of any third parties in any way. BYFTU reserves the right to terminate the right of any User(s) to access or use BYFTU’s Services for any infringement of the rights of third parties in conjunction with use of the BYFTU’s Service, or in the event BYFTU is of the belief that User(s) conduct is prejudicial to the interests of BYFTU, its affiliates, or other User(s), or for any other reason, at BYFTU’s sole discretion, with or without cause.

·         URL's/Sub-Domain
URL’s/ Sub-domain names assigned by BYFTU to User(s) (including both paid and free User(s)) are the exclusive property of BYFTU and it cannot be assumed to be permanent in any case. BYFTU reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, BYFTU WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
BYFTU may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). BYFTU advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that BYFTU has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.


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6. LINKS TO THIRD PARTY SITES

Web Site contains Links to third party websites as a matter of convenience to User(s). User(s) acknowledge and agree that BYFTU does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

BYFTU may allow its User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). BYFTU advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that BYFTU has no control over any content offered on these Third Party Websites and it does not monitor such Third Party Websites. BYFTU shall in no manner be deemed to be liable or responsible towards any person for such Third Party Sites, or any content, products or services that are made available thereof.


7. TERMINATION

Most content and most of the features on the Web Site are made available to User(s) free of charge. However, BYFTU reserves the right to terminate access to certain areas or features of the Web Site to any User(s) at any time without assigning any reason and with or without notice to such User(s). BYFTU also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of BYFTU and/ or other User(s) of the Web Site. Further, BYFTU reserves the right to limit, deny or create different access to the Web Site and its features with respect to different User(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to User(s). BYFTU reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with BYFTU is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
(d) If such User(s) posts any material that is illegal or unrelated to trade or business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner. 
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(f) If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
If BYFTU terminates the membership, on account of the above- mentioned reasons, of any registered User(s) including those User(s) who have subscribed for the paid services of BYFTU, such person will not have the right to re-enrol or join the Web Site under a new account or name unless invited to do so in writing by BYFTU. In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall BYFTU be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.


8. REGISTERED USER(S)

To become a registered User(s) of the Web Site a proper procedure has been made available on the Web Site which is for the convenience of User(s) so that they can easily use the website.

User(s) can become registered User(s) by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of User(s) business, etc.). BYFTU will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID"). Every registered User can log into their Account by using their User ID and OTP. Each User will also be given an option to set a unique password ("Password") for themselves. Once a User opts to set a password against their Account, they will be able to access their Account using their User ID and Password only. BYFTU may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive messages. Users will be responsible for the content of all the messages communicated through the account.
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User(s) registering on the Web Site on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity into this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to BYFTU during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.

 

User(s) registering on the Web Site in their personal capacity represent and warrant that: (a) they are eligible to enter into this Agreement; (b) the address provided by such User(s) at the time of registration is their principal place of business for the purpose of the Web Site and (c) all other information provided to BYFTU during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
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User(s) agree that by registering on the Web Site, they consent to the inclusion of their personal data in BYFTU’s on-line database and authorize BYFTU to share such information with other User(s). BYFTU may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. BYFTU may suspend or terminate a registered membership at any time without any prior notification in interest of BYFTU or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on BYFTU of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Web Site are in no manner a part of or affiliated to BYFTU.

User(s) further agree and consent to be contacted by BYFTU through phone calls, Email notifications or any other means of communication, in respect to the services provided by BYFTU even if contact number(s) provided to BYFTU upon registration are on Do Not Call Registry.


9. DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is governed by BYFTU’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy..


10. POSTING YOUR CONTENT ON WEBSITE

Some content displayed on the Web Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. User(s) may need to register and/or pay for using or availing some of these services.

User(s) understand and agree that BYFTU in such case is not the author of the content and that neither BYFTU nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. User(s) further understand and agree that BYFTU is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. BYFTU shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.

User(s) solely represent, warrant and agree to:

(a) provide BYFTU with true, accurate, current and complete information to be displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
User(s) hereby grant BYFTU an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as "Third Party Rights").

User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) agree that they will not use BYFTU Content and/or BYFTU’s Services to send junk mail, chain letters or spamming. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to BYFTU for display on the Web Site or transmit or sought to be transmitted through BYFTU’s Services any content, material or information that does not and shall at no point: