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TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. 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 employee agreement for access or usage of www.fillracks.com ("Website").

In this terms and conditions of use ("Terms & Conditions"), "Employee" refers to you, the person visiting, accessing and/or using our Website and "Fillracks" refers to Fillracks Technologies Private Limited with registered office address at 302 Kunal Ozone, 1162/5 Shivaji Nagar, Pune 411005, India, which is the owner of all rights in this Website. All references to "You" and "Yours" shall mean the Employee. All references to the "Company", "We", "Us" and "Our" shall mean Fillracks.

By accessing and/or using the Website, You signify your agreement to accept these binding Terms & Conditions herein. If You do not agree with any or all of the following Terms & Conditions, please do not access and/or use the Website.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms & Conditions at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/ published on the Website / herein.

If You are a employee who signs up for the Service, we will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify Us immediately of any unauthorized use of Your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your member name, password and/or account.

Please review the Terms & Conditions from time-to-time. Your continued use of the Website following the posting of changes and/or modifications will constitute Your acceptance of any revised Terms & Conditions.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at http://www.fillracks.com/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Employee Account, Password, and Security

If You use the Fillracks, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Fillracks.

You agree to
  • immediately notify Fillracks of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.
  • ensure that you exit from your account at the end of each session.
  • immediately notify Fillracks of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other employees; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://www.fillracks.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://www.fillracks.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://www.fillracks.com and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of 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.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Fillracks’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Fillracks’s express written consent.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Messaging is your way to communicate privately with other Fillracks members. It’s essentially email, but purely for Fillracks members. Messages are primarily intended for communicating about transactions and orders that are underway.

You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not send your email addresses, phone numbers or any other information on to third parties.

Spamming other employees and stores in order to ask them to ‘like’ or post positive ‘reviews’ for your own stores or products will not be tolerated.

Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.

You must not use messages to knowingly harass, threaten, blackmail or abuse another member.

If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.

You must not use Messages to interfere with a transaction. This means…
  • You must not contact another member to buy or sell an item listed on Fillracks outside of the Fillracks site. This may also constitute fee avoidance.
  • You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your account. If your account gets disabled, contact Fillracks for reviewing account activity and enableing your account if spam-free.

Restricted Access

Fillracks reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Fillracks’s discretion.

If Fillracks provides you with a employee ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the employee ID and password are kept confidential.

Fillracks may disable your employee ID and password in Fillracks’s sole discretion without notice or explanation.

Trademark, Copyright and Restriction

This site is controlled and operated by Fillracks and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material 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 materials, use of the materials on any other website or networked computer

Information Control

Fillracks does not control the Content provided by employees that is made available on Fillracks. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade. By using Fillracks, you agree to accept such risks and that Fillracks (and Fillracks's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of employees on Fillracks. Please use caution, common sense, and practice safe buying and selling when using Fillracks.

Other Resources: Fillracks is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fillracks does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Fillracks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

Resolution of Disputes and Release

In the event a dispute arises between you and Fillracks, please contact Fillracks.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of Pune.

Should you have a dispute with one or more employees, or an outside party, you release Fillracks (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Fillracks, for the benefit of employees, may try to help employees resolve disputes, at their request. Fillracks does so in its sole discretion, and it has no obligation to resolve disputes between employees or between employees and outside parties. To the extent that Fillracks attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

For transactions completed by Credit or Debit cards: Fillracks will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by Credit or Debit cards issuing company.

Employee Content

In these terms and conditions, “your employee content” means material (including without limitation text, product/site/strore review, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Fillracks a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your employee content in any existing or future media. You also grant to Fillracks the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your employee content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fillracks or a third party (in each case under any applicable law).

You must not submit any employee content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Fillracks reserves the right to edit or delete any material submitted to this website, or stored on Fillracks’s servers, or hosted or published upon this website.

Warranties

This website is provided “as is” without any representations or warranties, express or implied. Fillracks makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Fillracks does not warrant that:
  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitation of liability

In no event shall Fillracks, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Fillracks, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnity

You agree to indemnify, defend and hold harmless Fillracks, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Breaches of these terms

Without prejudice to Fillracks’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Fillracks may take such action as Fillracks deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fillracks may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Returns and exchanges

We offer returns and exchanges only against manufacturing defects. Please contact our office to discuss any return requests.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms constitute the entire agreement between Fillracks and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of India, and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune for the resolution of any disputes.
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