The website www.speedpainterrabin.com is operated by RABIN BAR'S CREATIONS having its registered office at
House No. 1, Pub Sarania Main Road, By Lane No 5, Chandmari, Guwahati, Assam 781003. Use of the
Website and its services is governed by these Terms of Use (“Terms”).
By using the Website, users signify they have carefully read, understood and agree to be bound by
these Terms. When users transact or browse through the Website or avail any service provided by the
Website, in present or future, users accept and agree to be bound by these Terms, policies, guidelines
and conditions of RABIN BAR'S CREATIONS service.
These Terms could be changed, altered, edited, amended, modified,
reviewed, revised or substituted by RABIN BAR'S CREATIONS at any time and users are requested to read the Terms
before using or accessing the Website.
ELIGIBILITY
The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law.
Any user under 18 years of age who is intending to avail the services of the Website should do so through his or
her legal guardian in accordance with applicable law.
If any person is using the Website on behalf of any corporation, company, institution, association or other entity,
the person should be authorized by such corporation, company, institution, association or other entity to use and
access the Website.
USER ACCOUNT
The user may browse the Website without registering with RABIN BAR'S CREATIONS. The user has to set up an account with the Website before availing any online services provided through the Website. The user can create an account by entering an email address and password to sign in ("Account Information"). The email address provided is not verified by TATA CLiQ and hence, it is advisable for the user to provide a valid email address. The Website will set-up an account and email the details of the account to the user at the email address provided.
A user can create one user account only and no user is permitted to transfer or interchange the User Account. The list of user information required to be provided by the user, the manner of usage, protection and confidentiality of user information and account information are more specifically and the users are requested to read in details the Privacy Policy before sharing user information or creating an account.
USER COVENANTS
The user agrees to use the Website and the materials provided on the Website only for purposes that are permitted by these Terms and any applicable law. The user shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website or its affiliates or associates.
The user agrees and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading. By way of example, and not as a limitation, user agrees and undertakes that when using or accessing the Website, user will not host, display, upload, modify, transmit, update or share any information that:
belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
harms minors in any way;
belongs to another person and to which the user does not have any right to;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
The user shall not use any deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
The user may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless user have been specifically allowed to do so in a separate agreement with RABIN BAR'S CREATIONS. The user should not do anything that disables, overburdens, or impair the proper functioning of the Website. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.
The user undertakes not to attempt to circumvent or modify any security technology or software that is part of the Website. The user also agrees not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website. The user should also not obscure or obstruct any features of the Website. The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from RABIN BAR'S CREATIONS to do so.
The user agrees and acknowledges that RABIN BAR'S CREATIONS is not the seller of the products and RABIN BAR'S CREATIONS shall in no manner be deemed to be the seller of the products on the Website. RABIN BAR'S CREATIONS is only facilitating purchase of the products by the user from the vendors by providing use and access to the Website.
INFRASTRUCTURE
To use the Website users require Internet connectivity or appropriate telecommunication links and the Website’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. RABIN BAR'S CREATIONS shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for user to use and access the Website nor shall be liable for any costs incurred on account of the user’s Internet or appropriate telecommunication links usage.
RABIN BAR'S CREATIONS would not be liable for damages, viruses or other code that may affect the user’s computer system, resource, terminal, server, equipment, mobile or any other devices while using the Website and TATA CLiQ does not ensure that the Website will be compatible with all hardware and software used by the user.
THIRD PARTY WEBSITES
The Website may contain links to other websites and the Website are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of RABIN BAR'S CREATIONS and users are encouraged to read the terms of use and privacy policy of each and every linked website. If users decide to access any of the third-party websites linked to the Website, it is at the risk of the users to access and use such linked websites and RABIN BAR'S CREATIONS shall not be responsible in any manner whatsoever.
INTELLECTUAL PROPERTY RIGHTS
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 RABIN BAR'S CREATIONS, its affiliates, associates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on the Website is the exclusive property of TATA CLiQ, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of RABIN BAR'S CREATIONS, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.
RABIN BAR'S CREATIONS grants the user 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 RABIN BAR'S CREATIONS . This licence does not include any resale or commercial use of the contents of the Website; 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.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of RABIN BAR'S CREATIONS or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of RABIN BAR'S CREATIONS, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.
The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by RABIN BAR'S CREATIONS .
No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from RABIN BAR'S CREATIONS and on happening of any such event RABIN BAR'S CREATIONS reserves the right to immediately discontinue the Website services to such user.
Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by RABIN BAR'S CREATIONS or content suppliers or third party as the case is.
FEE
Users can use and access the Website free of charge. However at any time in future, after duly notifying the users in advance, RABIN BAR'S CREATIONS reserves its right to charge the users for the use of the Website and provision of the services through the Website and all taxes as per applicable Indian law.
NOTICE PROCEDURE
No untrue or false information or allegation shall be made by the user and if any user is found misusing the notifying procedure, the Website reserves the right to terminate such user’s account and shall take appropriate legal action against the user.
It is repeated and reiterated that RABIN BAR'S CREATIONS’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and RABIN BAR'S CREATIONS shall in no manner be liable for or in relation to the infringing or Objectionable Content. RABIN BAR'S CREATIONS shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the user who notifies the objections and the user against whom the objections are raised.
DISCLAIMER
The User expressly agrees that the use of the Website is at the user’s sole risk. The Website and the contents uploaded or provide or shared by other users are made available to the user through the Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any w arranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and RABIN BAR'S CREATIONS does not accept any liability for any errors or omissions.
RABIN BAR'S CREATIONS shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. RABIN BAR'S CREATIONS shall not mediate or resolve any dispute or disagreement between the user and the sellers or manufacturers of the products.
RABIN BAR'S CREATIONS through the Website only provides a platform that users utilize to communicate and transact with one another and RABIN BAR'S CREATIONS does not endorse any products displayed on the Website or views expressed or information uploaded by any user. In no event RABIN BAR'S CREATIONS shall be liable for any information, content, materials, products or services available through the Website.
The Website could also be linked to third party websites and RABIN BAR'S CREATIONS assumes no responsibility for results obtained from the use of these websites.
RABIN BAR'S CREATIONS does not guarantee that the services provided through the Website will function without interruption or errors. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. RABIN BAR'S CREATIONS also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.
RABIN BAR'S CREATIONS will not be liable for any loss that the user may incur as a consequence of unauthorized use of the user account or account information in connection with the Website or any service or materials, either with or without the user’s knowledge. RABIN BAR'S CREATIONS shall not be liable for any third party product, the advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.
LIMITATION OF LIABILITY
In no event RABIN BAR'S CREATIONS including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort or in any other means or action.
TERMINATION
RABIN BAR'S CREATIONS reserves the right to terminate the services provided to any user without prior notice in the event of any default committed by user including but not limited to the breach of any applicable law, policies, guidelines and conditions of RABIN BAR'S CREATIONS’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.
RABIN BAR'S CREATIONS will terminate the services provided to any user if it is required under any applicable law. Without prejudice, RABIN BAR'S CREATIONS reserves its right to terminate the services if such provision of services to the users is not economically viable for RABIN BAR'S CREATIONS. Users may choose to discontinue availing services and facilities provided through the Website by closing the user account with the Website.
On termination of the user account, the user is not eligible to purchase or sell products through the Website. Once the user’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the user shall be removed by RABIN BAR'S CREATIONS .
Post termination of the services provided to the user through the Website, the user’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of RABIN BAR'S CREATIONS’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the user and if any user by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the user shall be prosecuted by RABIN BAR'S CREATIONS. The user shall be also liable to compensate RABIN BAR'S CREATIONS for any unauthorized use of the Website.
