Effective as of September 23, 2013
This document is an electronic record in terms of the Information Technology Act, 2000 (the “Act”), and the rules there under (as applicable) and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This document has been generated by a computer system and does not require any physical or digital signatures.
(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(iii) is misleading in any way;
(iv) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(v) harasses or advocates harassment of another person;
(vi) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
(vii) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(viii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(ix) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(x) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(xi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(xii) contains pornographic video, photographs, or images of another person (with a minor or an adult);
(xiii) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(xv) solicits gambling or engages in any gambling activity which Cardback, in its sole discretion, believes is or could be construed as being illegal;
(xvi) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(xviii) harm minors in any way;
(xix) violates any law for the time being in force;
(xx) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xxi) impersonate another person;
(xxii) 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;
(xxiii) 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 nation;
(xxiv) shall not be false, inaccurate or misleading;
(xxv) 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 the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
(xxvi) shall not create liability for Cardback or cause Cardback to lose (in whole or in part) the services of Cardback’s internet service provider or other suppliers.
(b) You shall not use any 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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(c) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate/illegal means.
(d) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(e) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Cardback or the brand name or domain name used by Cardback or otherwise engage in any conduct or action that might tarnish the image or reputation of Cardback or sellers on platform or otherwise tarnish or dilute any Cardback’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Cardback. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cardback’s systems or networks, or any systems or networks connected to Cardback.
(f) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(g) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cardback on or through the Website or any service offered on or through the Website.
(i) You shall at all times ensure full compliance with the applicable provisions of the Act and rules made thereunder as applicable and as amended from time to time and also all other applicable 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 Cardback’s service and your listing, purchase, solicitation of offers to purchase, and sale of products 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.
(k) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(l) 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 also is 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 of such unauthorized uses, 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.
(m) Cardback shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally in committing an offence against Cardback under the Act.
3. Communications: When you use the Website or send emails or other data, information or communication to Cardback, you agree and understand that you are communicating with Cardback through electronic records and you consent to receive communications via electronic records from Cardback periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. Charges: Membership on the Website is free for the users. Cardback does not charge any fee for browsing on the Website. Cardback reserves the right to change its fee structures from time to time. In particular, Cardback may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Cardback reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian currency. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Cardback.
6. Contents Posted on Website:
(c) You may use information on the products and services purposely made available on the Website for downloading, provided that you:
(i) do not remove any proprietary notice language in all copies of such documents;
(ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
(iii) make no modifications to any such information; and
(iv) do not make any additional representations or warranties relating to such documents.
(e) Please note that the offers, suggestions and recommendations provided on the Website are indicative suggestions only. Please verify the validity of any offer with the store staff before placing your offer on the applicable goods and services. Please ensure that you inform the billing staff about your intent to avail the offer before the billing process is initiated.
(a) We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of the most important assets of Cardback. We store and process your information including any sensitive financial information collected (as defined under the Act), if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with Act and rules made thereunder.
8. Disclaimer of Warranties and Liability
(a) This Website, all the materials and products (including but not limited to software) and services, included all together or otherwise made available to you through the Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Cardback does not warrant that:
(i) this Website will be constantly available at all times, or be available at all; or
(ii) the information on this Website is complete, true, accurate or non-misleading.
(b) Cardback will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Cardback does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from Cardback are free of viruses or other harmful components.
10. Intellectual Property
(a) “Intellectual Property” includes:
(i) all patents, trademarks, business processes, domain names, works of authorship, designs, utility models, copyrights whether registered or unregistered, which are owned by Cardback or acquired or developed by Cardback in the course of its business, including, but not limited to moral rights and any similar rights in any country, whether negotiable or not and also includes any applications for any of the foregoing and the right to apply for them in any part of the world; and
(ii) all processes, inventions, ideas, programs, codes, software, algorithms, discoveries, correspondence, trade secrets, databases, know-how, creations or improvements upon, additions or any research effort relating to any of the above, whether registrable or not.
(b) The Website and all the Intellectual Property is controlled and operated by Cardback. The Intellectual Property is for your personal, non-commercial use only. You must not copy, reproduce, republish, upload, post, transmit or distribute the Intellectual Property in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Intellectual Property, use of the Intellectual Property on any other website or networked computer environment or use of the Intellectual Property for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights of Cardback, which are secured by the laws of India, and is prohibited.
Mr Nikhil Wason,
Orangut Labs Private Limited
Flat number 62 D, Pocket BW,
New Delhi 110 088, India
Available during following working days and hours: Mon to Fri, 10 am to 7 pm