Terms & Conditions
This document is an electronic
record in terms of the Information Technology Act, 2000 and rules made 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.
The use of the Website is offered to
you conditioned on Your ‘Acceptance’ of all the terms, conditions and notices
contained in this User Agreement. Upon "Acceptance", this User
Agreement shall be effective and binding upon you along with any amendments
made by Secret vision security systems at its Partnership firm discretion and
posted on the Website and you shall not claim invalidity of this User Agreement
merely on the grounds that this User Agreement is being concluded
electronically. For the aforesaid purposes, 'Acceptance' shall mean Your
affirmative action in clicking on 'check box' and on the 'continue button' as
provided on the registration page or clicking on 'Buy Now' button while
transacting as Guest User or any act which reflects Your use of the Website or
the services provided by the Website or any such other actions that imply Your
acceptance You hereby further agree that this User Agreement is being concluded
and executed at visakhapatnam. Your use of the Website implies that you agree
with the terms of the User Agreement. If you do not agree or are not willing to
be bound by the terms and conditions of this User Agreement and Rules and
Policies as displayed on the Website, please do not click on the "check
box " and/or on the "continue" button and/or "Buy Now"
button and do not seek to obtain access to or otherwise use the Website.
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is Your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by Secretvision.in Rules and Policies as provided from time to time in the following hyperlinks
1. SECRET VISION SECURITY SYSTEMS Policies & Rules.
1. Membership Eligibility
Use of the Website is available only to 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 the 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 sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. Secret vision.in reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for Clues Bucks and all other benefits that are not assignable to a non-registered user.
2. Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your phone, the details of which are used to transact services with secretvision.in You agree, inter alia, to:
i. Provide true, accurate, current and complete information about yourself as prompted by secretvision.in 's registration form or provided by You as a Guest User (such information being the "Registration Data")
ii. You must not include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
iii. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
iv. You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
v. Ensure that You exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete or secretvision.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, secretvision.in has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. Secretvision.in shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2.
3. Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to Secretvision.in, You agree and understand that You are communicating with Secretvision.in through electronic records. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices on the Website or through any other Secretvision services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be adequate services of notice/electronic record and satisfy any legal requirement that such communications be in writing.
4. Fees and Services
Membership on the Website is free. Secretvision.in does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. Secretvision.in reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Clues Network Private Limited within such time as specified in the invoice.4.1. Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon.
Secretvision.in reserves the right
to issue a warning, temporarily /indefinitely suspend or terminate Your
membership of the Website and refuse to provide You with access to all current
and future use of the Website in case of non-payment of fees by You to
Secretvision.in. Secretvision.in also reserves the right to take legal action
in case of non- payment of fees.
5. Use of the Website
5.1. You understand and agree that Secretvision and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Secretvision.in neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Secretvision.in has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Secretvision shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
5.2. You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
5.2.1. “Your Information” is defined as any information You provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- belongs to another person and to which You do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes 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 involves the sale of counterfeit or stolen items;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- violates any law for the time being in force;
- deceives or misleads the addressee/ users 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; or contains any Trojan horses, worms, time bombs, cancelbots, 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;
- threatens 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.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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. Without prejudice to the generality of the above, Secretvision.in does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at https: //www.secretvision.in/in/i/Policies-Rules/26 shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended from time to time and rules there under;
- are identical to other items You have up for auction but are priced lower than Your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;
5.2.5. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform Secretvision.in of the same at email@example.com.
5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.
5.2.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
5.2.9. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. 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 is also 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 do not approve such unauthorized use, 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. Please carefully select the type of information that You publicly disclose or share with others on the Website.
5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Secretvision.in as detailed and agreed in MOU signed by Merchants/Sellers.
5.2.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors has not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti- bribery and anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform Secretvision of such knowledge and if requested by Secretvision, provide to Secretvision such information it may reasonably require regarding such conduct. Secretvision shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. Secretvision shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given herein above.
Secretvision.in uses third party
payment providers to receive payments from the Buyers on Seller's behalf.
Secretvision.in is not responsible for delays or erroneous transaction
execution or cancellation of orders due to payment issues. Secretvision.in
takes utmost care to work with 3rd party payment providers, but does not
control their systems, processes, technology and work flows, hence cannot be
held responsible for any fault at the end of payment providers. Further,
Secretvision.in does not release the payment to Sellers until the order has
been received by the Buyers and they are satisfied with it. Secretvision.in
shall only make payments to the Sellers subject to realisation of payment
received from the Buyer to Secretvision.in. The Seller payment is typically net
of the service fee charged by Secretvision.in for its services and after
deduction of applicable withholding taxes (if any).
We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed, this helps other Users to know the performance level of the said Merchant/Seller. Please remember that You cannot retract the feedback once You have provided it. Further You agree that the feedback You provide to the Website shall be deemed to be non- confidential and will be displayed along with Your user ID. Secretvision.in will not be responsible for the feedback that You post on the Website and You should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which You shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, Secretvision.in reserves the right to suspend Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information of You or of third parties.
Export - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that You shall not market or export Your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow You to import feedback from other websites to Secretvision.in because a composite number, without the corresponding feedback does not reflect Your true online reputation within our community.
8.No Warranty :
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECRETVISION.IN WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SECRETVISION.IN ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SECRETVISION.IN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SECRETVISION.IN HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SECRETVISION.IN NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SECRETVISION.IN SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SECRETVISION.IN SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SECRETVISION.IN 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SECRETVISION.IN IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SECRETVISION.IN ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
9.Limitation of Liability
In no event shall Secretvision.in or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).
SECRET VISION SECURITY SYSTEMS entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Secretvision.in under the relevant order to which the cause of action for the liability related. Secretvision.in, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Secretvision.in assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website.
You agree to indemnify and hold harmless Secretvision.in and (as applicable) Secretvision.in's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Secretvision.in, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Secretvision.in Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.
Secretvision may notify You of any claims which You shall be liable to indemnify Secretvision.in against. You will then be required to consult with Secretvision.in regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Secretvision.in without the express prior written consent of Secretvision.in which can be withheld or denied or conditioned by Secretvision.in in its sole discretion.
11.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Secretvision.in( SECRET VISION SECURITY SYSTEMS) and You shall have no authority to bind Secretvision.in in any manner whatsoever.
11.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Secretvision.in to Agarwal Computech Attn: Legal Department, at secret vision corporate office situated Plot no. 30-15-138/07, Binayaka complex, Dabagardens, Visakhapatnam(AP), (in the case of Secretvision.in) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
11.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
11.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Secretvision.in(SECRET VISION SECURITY SYSTEMS) with respect to the subject matter hereof.
11.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Secretvision.in may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that Secretvision.in assigns the Agreement on the same terms or terms that are no less advantageous to You.
11.6. Dispute Resolutions: Generally, transactions are conducted smoothly on Secretvision.in. However there may be some cases where both the Buyers and Sellers may face issues. At Secretvision.in, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to firstname.lastname@example.org in order to raise a dispute. Once a dispute is raised by either party, Secretvision.in shall try to mediate and the resolve the matter amicably.
11.7. Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: