The following terms and conditions define the User Agreement between the RNS Online Services Private Limited (“RacknSell) and the user of the website (i.e. racknsell.com). By using the website, you agree to have read and be bound by the terms and conditions set forth below including any additional policies and guidelines available on the website. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the website and immediately terminate your use of the services.
The services are available to any individual above the age of 18 years or business entity that legally operates in India. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement.
- Electronic Communications
When You use the Website or send emails or other data, information or communication to RacknSell, You agree and understand that You are communicating with RacknSell electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website.
- Your account
- Upon registration on the website, RacknSell creates an account for the user providing a login Id and password for accessing the account. If you use the website as registered user, you are responsible for maintaining the confidentiality of your login Id, password, your personal and business data. You are responsible for preventing any unauthorized access to your account. You accept responsibility for all activities that occur in your account using your login Id and password.
- You agree to provide true, accurate, current and complete information on the website about yourself or about the business entity that you represent. You shall ensure that all personal and business data is maintained up to date.
- RacknSell, in its sole discretion may deny registration and access to the website to any user. Website may suspend or terminate a registered user at any time without any prior notification and without giving any reason thereof.
- Use of website
- You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
- You shall use the website for lawful purposes only. You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; to send, use or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, or menacing; ethnically objectionable, disparaging or in breach of any IPRs or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or impersonates another person; or which consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, spam, software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website. You must ensure that the content posted by you is not false, inaccurate or misleading and does not 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, stolen or used items.
- You agree that content posted by you on the website 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 this User Agreement, the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Ownership and Proprietary Rights
- RacknSell is the sole owner of all the rights and interests in the website and its contents. All Marks, domain name, trade dress including the "look and feel" of the website, its text, graphics, logos, button icons, images, audio clips, video clips, interfaces, data compilations and software etc. is the property of RacknSell or its suppliers or the third parties, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable intellectual property laws and may not be used by you except as permitted by RacknSell, its suppliers or the concerned third party. RacknSell reserves all rights not expressly granted in this User Agreement.
- RacknSell, racknsell.com and related icons, marks and logos are RacknSell intellectual property rights and are protected under applicable Trademark and other proprietary rights laws. The unauthorized copying, modifications, use or publication of these marks is strictly prohibited.
- RacknSell may have independent third parties involved in the provision of services, you may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- User License
If User submits material, user grants RacknSell and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual, worldwide and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media for as long as you are permitted to grant the said licence under applicable law. User grants RacknSell and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. RacknSell has the right but not the obligation to monitor and edit or remove any activity or content on the website. RacknSell takes no responsibility and assumes no liability for any content submitted by the User, Supplier or any third party.
- Amendment to User Agreement
RacknSell reserves the right to change, modify, add, or remove portions of this User Agreement at any time by posting notification to the website or otherwise communicating the notification to you. The amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not agree with any such modification, you should stop using the website immediately. Your continuous use of the website will signify your acceptance of the changed terms.
- Disclaimer of Warranties
- The services provided by RacknSell on or through the website are provided “As is”, “As available” and “with all faults” and RacknSell hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.
- RacknSell makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the website.
- Any material downloaded or otherwise obtained through the website is done at each User's sole discretion and risk and each User is solely responsible for any damage to their computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from RacknSell shall create any warranty not expressly stated herein.
- The website may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall RacknSell and its affiliates be held liable for any such services or products.
- RacknSell 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 service or the materials.
You agree that RacknSell, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. RacknSell may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that RacknSell will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RacknSell may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
- Indemnification and Limitation of Liability
- Each User hereby agrees to indemnify and save RacknSell, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the website (including but not limited to the display of such User's information on the website) or from your breach of any of the terms and conditions of this User Agreement. Each User hereby further agrees to indemnify and save RacknSell, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to RacknSell.
- Each User hereby further agrees to indemnify and save RacknSell, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. Each User hereby further agrees that RacknSell is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
- In no event will RacknSell or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this User Agreement, (ii) the services, the website or any reference site, or (iii) your use or inability to use the services, the website (including any and all materials) or any reference site, even if RacknSell or a RacknSell authorized representative has been advised of the possibility of such damages.
- You acknowledge and agree that RacknSell has offered its products and services, set its prices, and entered into this User Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and RacknSell, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and RacknSell. RacknSell would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, RacknSell’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this User Agreement.
- RacknSell reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RacknSell, including rights to settle, and you agree to cooperate with RacknSell’s defense and settlement of these claims. RacknSell will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this User Agreement.
- Force Majeure
Under no circumstances shall RacknSell be held liable for any delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, non-performance of third parties etc.
RacknSell may provide you with notices and communications by email, regular mail or postings on the website or by any other reasonable means. Except as otherwise set forth herein, notice to RacknSell must be sent by courier or registered mail to RNS Online Services Pvt Ltd, A28, Sector 16, Noida, Uttar Pradesh – 201301.
The failure of RacknSell to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this User Agreement will be effective only if in writing and signed by RacknSell.
- Governing Law and Forum for Disputes
You agree that any claim or dispute you may have against RacknSell will be governed by the laws of India and must be submitted to the exclusive jurisdiction of the courts at New Delhi, India.
If any provision of this User Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this User Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This User Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this User Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement
This is the entire agreement between you and RacknSell relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by RacknSell in accordance with the terms of this User Agreement.