Please read these conditions carefully before using the BSP-PANEL.COM website. By using the BSP-PANEL.COM website, you signify your agreement to be bound by these conditions.
These "Terms and Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Conditions Relating to Your Use of BSP-PANEL.COM
Notice and Procedure for Making Claims of Infringement and for Notifying BSP-PANEL.COM of Objectionable Content
Conditions Relating to Your Use of BSP-PANEL.COM
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase services only for lawful purposes. BSP-PANEL.COM reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
The personal information/data provided to us by you during the course of usage of BSP-PANEL.COM will be treated as strictly confidential in accordance with the applicable laws and regulations. Your personal information that we collect includes your name, username, e-mail address, skype username, and wherever applicable, payment details. All information is encrypted and saved on secure servers. If you object to your information being transferred or used as per applicable laws and regulations, please do not use the website.
3. E-Platform for Communication
You agree, understand, and acknowledge that the website is an online platform that enables you to purchase services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that BSP-PANEL.COM is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of services on the website shall be a strictly bipartite contract between you and the sellers/supplier on BSP-PANEL.COM.
4. Access to BSP-PANEL.COM
We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time or for any other reason without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. License for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, BSP-PANEL.COM grants you a limited license 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 wrote consent of BSP-PANEL.COM. This license does not include any resale or commercial use of this website; any collection and use of any service 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; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent of BSP-PANEL.COM.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BSP-PANEL.COM without express written consent. You may not use any meta tags or any other "hidden text" utilizing BSP-PANEL.COM’s names or trademarks without the express written consent of BSP-PANEL.COM. Any unauthorized use terminates the permission or license granted by BSP-PANEL.COM.
6. Your Conduct
You must not use the website or its services 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 understand that you, and not BSP-PANEL.COM, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website, and the services bought on the website, for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity related to any human, property, or computer, etc.
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties, or relates to or promotes money laundering or gambling; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”
to cause annoyance, inconvenience, or needless anxiety
to violate the terms and conditions of any other online service provider, and website.
7. Claims against Objectionable Content: ‘Ticket’
Because BSP-PANEL.COM lists hundreds of services for sale offered by sellers on the website, it is not possible for us to be aware of the contents of each service listed for sale or that is displayed. Accordingly, BSP-PANEL.COM operates on a “notice and takedown" basis that can be initiated through the ‘ticket’ system. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Infringement and for Notifying BSP-PANEL.COM of Objectionable Content.
Once this procedure has been followed, BSP-PANEL.COM will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time. Please note that it is at the sole discretion of the supplier to rectify any wrong that may have been committed through their services.
8. Copyright, authors' rights, and database 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 BSP-PANEL.COM, or its content suppliers and is protected by India and international copyright, authors' rights, and database right laws. The compilation of all content on this website is the exclusive property of BSP-PANEL.COM and its affiliates and is protected by laws of India and international copyright and database rights laws. All software used on this website is the property of BSP-PANEL.COM, its affiliates, or its software suppliers and is protected by Indian and international copyright and author's rights laws.
You may not systematically extract / or re-utilize parts of the contents of the website without BSP-PANEL.COM and/or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without BSP-PANEL.COM and/or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and service listings) parts of this website without BSP-PANEL.COM and/or its affiliates (as may be applicable) express written consent.
9. Intellectual Property Claims
BSP-PANEL.COM and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement and for Notifying BSP-PANEL.COM of Objectionable Content.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations, or warranties by the sellers of the services and hereby expressly disclaim all responsibility and liability in that regard.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, or legality of the services listed or displayed or transacted or the content (including service or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of services), software, services, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any services on the website. At no time shall any right, title, or interest in the services sold through or displayed on the website vest with BSP-PANEL.COM shall not have any obligations or liabilities in respect of any transactions on the website.
BSP-PANEL.COM is only a facilitator between You and the supplier of the services listed on the website. Refunds are at the discretion of the supplier, and in a normal course of action, no refunds are processed to your payment method. You are advised to use your balance on orders from BSP-PANEL.COM. You are entitled to a refund credit to your BSP-PANEL.COM account if the order placed on the website is non deliverable. Misplaced or Private account orders will not qualify for a refund. Be sure to confirm each and every order before placing it. Any fraudulent activity, as per the applicable laws, such as using unauthorized or stolen credit cards will lead to the termination of Your account. You must not use more than one server at the same time for the same page – a refund will not be processed for these orders.
12. Indemnity and Release
You shall indemnify and hold harmless BSP-PANEL.COM, its affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release BSP-PANEL.COM and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the vendors/suppliers and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of BSP-PANEL.COM is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use BSP-PANEL.COM only with the involvement of a parent or guardian.
14. Other Businesses
Parties other than BSP-PANEL.COM and its affiliates may operate stores, provide services, or sell service lines on BSP-PANEL.COM. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. BSP-PANEL.COM does not assume any responsibility or liability for the actions, services, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
When you visit BSP-PANEL.COM, you are communicating with us electronically. We may communicate with you by e-mail, tickets, Skype, or by posting notices on the website, or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Terms and Conditions of Use in force at the time that you use the website or that you order goods or services from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
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.
20. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in New Delhi.
21. Our Details
This website is operated by BSP-PANEL.COM.
For the BSP-PANEL.COM website, you could contact us by visiting ‘Tickets’.
Notice and Procedure for Making Claims of Infringement and for Notifying BSP-PANEL.COM of Objectionable Content
If you believe that your rights are being infringed, you may fill out and submit the ‘Ticket’. We respond expeditiously to rights owners and their agents who complete and submit the Ticket to communicate concerns about any alleged infringement. If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 7 above, please notify us immediately by filling in the ‘Ticket’ as described below.
Upon receipt of a Ticket, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved. Furthermore, in submitting a Ticket, you grant BSP-PANEL.COM the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Ticket to the parties involved in the provision of the allegedly infringing/objectionable content. You agree to indemnify BSP-PANEL.COM for all claims brought by a third party against BSP-PANEL.COM arising out of or in connection with the submission of a Ticket.
Please keep in mind that services are listings that are merely hosted on BSP-PANEL.COM and are posted solely at the direction of Third Party Sellers who may be contacted by filling in the Ticket.
Important Warning: giving false, misleading, or inaccurate information in the Ticket to BSP-PANEL.COM may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
You could use the below sample to fill in your ticket.
Subject: Claim of Objectionable Content/Infringement of Rights/Please Resolve an Issue (etc.)
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE],
state as follows:
1. Contact information
:(a) Your and/ or your company's name, address, telephone number, and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide us in your Account.
2. Listing's/Item’s Detail and Allegation of Infringed Right:
(a) The listing's number or detailed description of where the information that you claim is infringing your rights is located on the site; (b) A description of your intellectual property right(s) or other rights that you claim has/have been infringed.
3. Listing's/Item’s Detail and Allegation of Objectionable Content
The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in an item/service being sold by BSP-PANEL.COM. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
4. The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
5. This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
7. Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights/ other rights (detail)/is objectionable and/or owned by the intellectual property owner or its agent, and/or nor is such use otherwise permissible under law."
8. Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner/ or otherwise for the rights described above."
BSP-PANEL.COM Software Terms
1. Use of the BSP-PANEL.COM Software
You may use BSP-PANEL.COM Software solely for purposes of enabling you to use and enjoy the BSP-PANEL.COM listed Services as provided by BSP-PANEL.COM through Suppliers or sellers directly, and as permitted by the Conditions of Use, these BSP-PANEL.COM Software Terms and any Terms. You may not incorporate any portion of the BSP-PANEL.COM Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BSP-PANEL.COM Software or otherwise, assign any rights to the BSP-PANEL.COM Software in whole or in part. You may not use the BSP-PANEL.COM Software for any illegal purpose. We may cease providing any BSP-PANEL.COM Software and we may terminate your right to use any BSP-PANEL.COM Software at any time. Your rights to use the BSP-PANEL.COM Software will automatically terminate without notice from us if you fail to comply with any of these BSP-PANEL.COM Software Terms, the Conditions of Use, or any other Terms. Additional third-party terms contained within or distributed with certain BSP-PANEL.COM Software that is specifically identified in related documentation may apply to that BSP-PANEL.COM Software (or software incorporated with the BSP-PANEL.COM Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BSP-PANEL.COM Service is the property of BSP-PANEL.COM and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
2. Use of Third Party Services
3.No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BSP-PANEL.COM Software, whether in whole or in part or create any derivative works from or of the BSP-PANEL.COM Software.
In order to keep the BSP-PANEL.COM Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
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