Terms & 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 the Covered Platforms (as defined herein).

INTRODUCTION

Market Central i.e. www.marketcentral.in is an internet based portal that offers e-commerce services to facilitate and/or enable and/or support businesses online through a simple and easy-to-use-SaaS or cloud based technology or any such similar technology from time to time basis.

These Terms and Conditions of Use (this” Agreement”) apply to all the products and services offered on the www.marketcentral.in (herein referred as the “website” “platform”), owned and operated by M/s. SMBXL Private Limited (herein referred as the “company”) located at Hyderabad, Telangana State, India; a web based platform(s), but not limited to, including mobile-optimized versions of the website, digital applications and any other such media formats for the purposes of use.

(Hereinafter the company and/or its offerings, referred to as “we”, “it”, “this”) are subject to the following terms and conditions (hereinafter the “TERMS OF SERVICE”), all parts and sub-parts of which are specifically incorporated by reference herein. Following are the terms of service governing your use of marketcentral.in all pages on the website and any services provided by or on the website.

By accessing either directly or through a hyperlink, the website and/or purchasing something from us, you engage in our service(s) by agreeing to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of service apply to all users of the website, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of any content herein.

ASSENT AND ACCEPTANCE

By accessing the website and/or registering as a User with it and/or submitting any material to the website or using any of the Services, you expressly agree to accept these Terms of Use in full. Accordingly, if you disagree with these Terms of Use or any part of these Terms of Use, you may not access or otherwise use the website or its services.

AGE RESTRICTION

By accessing the website and/or registering as a User with it and/or submitting any material to the website or using any of the Services, you represent and warrant that you are an individual of legal age or a HUF or a company or a trust or an LLP eligible to form a binding contract as per the Applicable Laws of your domicile (or if not, you’ve received your parent’s or guardian’s or governing body’s permission to use the Covered Platforms and such approving authority has agreed to these Terms of Use on your behalf).

ABOUT THE SITE

LICENSE TO USE THE WEBSITE

Subject to your compliance with the herein Terms and Conditions of Use and payment of applicable fees, if any, we grant you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the company and/or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the company and/or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary and/or copyright information (including images, text, page layout, or form) of the company and its affiliates without explicit written consent of the company. You may not use any meta tags or any other "hidden text" utilising their names or trademarks, without the explicit written consent of the company, as applicable. Any unauthorised use terminates the permission or license granted by the company and/or its affiliates, as may be applicable.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray the company and their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written consent of the company or its affiliates, as may be applicable.

INTELLECTUAL PROPERTY

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the company and its affiliates or its content suppliers and is protected by India and international copyright, authors' rights, database right laws or any such other laws applicable in this regard. The compilation of all content on this website is the exclusive property of the company and its affiliates, and is protected by laws of India, international copyright, database right laws and any such other laws applicable. All software used on this website is the property of the company and its affiliates or its software suppliers and is protected by India, international copyright, author' rights laws and any such other laws applicable. All marks indicated on the website are trademarks or registered trademarks of the company.

RESTRICTIONS ON USE:

By accessing the website and/or registering as a User with it and/or submitting any material to the website or using any of the Services herein, you shall not:

  1. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website, without express written consent of the company.
  2. access the website in order to build a similar or competitive service.
  3. copy, reproduce, distribute, republish, download, displayed, poste or transmit in any form or by any means, any part of the website, for any commercial purpose or otherwise, without express written consent of the company
  4. use the Covered Platforms in any way that causes, or may cause, damage to the website, its Users or impair the availability or accessibility of the website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  5. abuse, harass, impersonate, intimidate or threaten other Users
  6. post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any Applicable Law or right of any third party; or that 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 nations
  7. use the website for any unauthorized purpose, or in violation of any Applicable Law or these Terms of Use
  8. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, access to another User’s account, or private information from any User
  9. create or send unwanted email (spam) to any other User
  10. mpersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  11. infringe upon the Intellectual Property Rights of the company, other Users, or any third party, while accessing or using the website.
  12. submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content.
  13. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the website.
  14. use any robot, spider, scraper, sniping software or other automated means to access the website for any purpose.
  15. conduct any systematic or automated data collection activities on or in relation to the website without express written consent of the company.
  16. use the website or any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing, without express written consent of the company.
  17. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load/strain on our infrastructure;.
  18. sell or otherwise transfer your User Account/ profile, or allow any third party to use or access your User Account; or
  19. without our prior written consent, reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software obtained from or part of the website.

SEO SERVICES & RANKING OR RESULT

The website ranking is simply the number of clicks that it gets and improves accordingly. More the clicks, better is the ranking. But it is a relative to websites with similar keywords. We absolutely cannot guarantee Google rankings of any kind. There is no guaranteed or specific formula to attain google ranking. We can only pay attention to the ranking Algorithm and work around the same to improve the ranking for the website. However we attempt to update and work out to ensure that your website has the best chances for success. This is on best effort basis.

PAYMENT AND FEES

While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to our interests or the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

  1. Lack of authorization for any transaction(s).
  2. Exceeding the present limit mutually agreed by You and between "Bank(s)"
  3. Any payment issues arising out of the transaction
  4. Decline of transaction for any other reason(s).

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping and/or delivering your order to you, the website may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof(s)) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to its users.

Further:

  1. Transaction(s), Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between the website and its user(s); and payment facility is merely used by the website and its user(s) to facilitate the completion of the Transaction. Use of the payment facility, which is merely a transaction facility provided by the website shall not render the company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and/or services listed on its Website.
  2. You have specifically authorized the company or its service provider(s) to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with the company is on a principal to principal basis and by accepting these Terms of Use, you agree that the company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website, that are paid for by using the Payment Facility. The company does not guarantee the identity of any User nor does it ensure that a website or a user will complete a transaction. The Company and its Website is a mere common platform that provides a facility to meet the company via the website and users online and exchange their transaction.
  3. You understand, accept and agree that the payment facility provided by the company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment only for its services through collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, the company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

COMMUNICATION

When you visit the website, you are availing the services rendered on the website and your communication is either with the website/user, as the case may be, and is in done electronically. For the purposes of identification, the website may require to have your phone number and email id as a part of the registration process. We may communicate with you by e-mail, SMS, Mobile app notifications, phone call, through social media or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your activities on the website. However, the transactions being performed on our website will be between you as a service-provider (website)/user and user/service-provider being the other party. Our communications with you are with the objective of educating, informing, and updating about our online business to make you aware and enable the use of the platform to your advantage.

If you need to give us notice of anything, including infringement of your rights, or any other noncompliance with these Terms of Use, or you have any questions on these Terms of Use, please write to us at info@smbxl.com

PRIVACY INFORMATION

We view protection of your privacy as a very important principle. We understand clearly that You and Your {Personal & Business} 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.

Please review our Privacy Notice, which also governs your visit to the website to understand our practices. The personal information/data provided to us by you during the course of usage of the website will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

INDEMNIFICATION

We control the Site from our office within the Hyderabad, Andhra Pradesh, India. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Also review our REFUND /CANCELLATION Policy here.

Funding

All funding and support for this website is provided by MARKET CENTRAL, a commercial business.

Advertising Policy

You shall indemnify and hold harmless the company any/all of its representatives, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, 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

SPAM POLICY

The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on the website 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 website to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy to the correct area for review:

  1. Report offensive Display Names
  2. Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email, communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. We will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:/p>

  1. Limits placed on account privileges
  2. Loss of special status
  3. Account suspension

SERVICE INTURRUPTIONS

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

TERM AND TERMINATION AND SUSPENTION

These Terms shall be effective from the date of their publication on the Platform.

  1. The company reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if the company is unable to verify or authenticate any information submitted by you.
  2. You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services.
  3. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

USER RESTRICTIONS

You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unethical, unlawful or harmful to the Platform, the company’s business activities, its intellectual property, or its content. You are provided with a limited license to access and use the Platform (website), solely for the purpose of availing the Services, subject to these Terms.

LIMITATION AND LIABILITY

In no event the company shall be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, unless user(s) has/have been informed in advance of the possibility of such damages.

JURISDICTION, VENUE AND GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Hyderabad, Telangana state, India only.

CHANGES TO TERMS AND CONDITIONS

The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Use or the Privacy Policy, in whole or in part, at any time. If we make any substantial changes to these Terms of Use or the Privacy Policy, we may notify you by posting notice of the changes on the website. In such cases, changes will be effective upon expiry of seven (3) calendar days following our posting of notice of the changes on the website unless expressed explicitly otherwise. However, these changes will be effective immediately for new users of our website. In the event a User has any reservation or objections to any change in the Terms of Use or the Privacy Policy, such User may exercise its right to stop or terminate his/her/their relationship with the website and it’s ancillary services. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms of Use or the Privacy Policy are posted will be considered acceptance of such changes.