Terms & Conditions

These are the terms and conditions governing your use of the website www.kasharindia.com (hereinafter referred to as 'the Site') and constitutes your binding obligations towards K Ashar & Co. K Ashar & Co. may amend the Terms and Conditions at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. You are advised to regularly check the Terms & Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Terms & Conditions shall be deemed void and shall not affect the validity and enforceability of any remaining Terms and Conditions.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable Indian law. Persons who are ‘incompetent to contract’ including minors, un-discharged insolvents etc. are not eligible to use the Site. K Ashar & Co. reserves the right to terminate your membership and/or refuse to provide you with access to the Site if K Ashar & Co. discovers that you are ‘incompetent to contract’.

Your Account and Registration Obligations

If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You agree to:

Provide true, accurate, current and complete information about yourself as prompted by kasharindia.com’s Registration form (such information being the ‘Registration Data’).
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or K Ashar & Co. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, K Ashar & Co. has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Use of the Site

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:

(a) ‘Your Information’ is defined as any information you provide to us or other users of the Site (‘Users’) in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Your Information (or any items listed):

Shall not be false, inaccurate or misleading;
Shall not be fraudulent or involve the sale of counterfeit or stolen items;
Shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
Shall not be obscene or contain pornography;

(b) Solely to enable K Ashar & Co. to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. K Ashar & Co. will only use Your Information in accordance with the Terms and Conditions and K Ashar & Co.’s Privacy Policy.

Breach

Without limiting other remedies, K Ashar & Co. may immediately issue a warning, temporarily/indefinitely suspend or terminate your membership and refuse to provide you with access to the Site:

If you breach the Terms and Conditions or the documents it incorporates by reference;
If K Ashar & Co. is unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other Users or K Ashar & Co.
K Ashar & Co. may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with K Ashar & Co. or use the Site in any manner whatsoever until such time that such User is reinstated by K Ashar & Co. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, K Ashar & Co. reserves the right to recover any dues owed by you to K Ashar & Co. and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

Selling and Buying

K Ashar & Co. strongly advises you not to test the site with false listings, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information. Wilfully entering erroneous or fictitious bids may result in prosecution by K Ashar & Co.

Please be aware that even if you do not give K Ashar & Co. your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

No Warranty

K Ashar & Co. provides the Site and services ‘as is’ and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.

Limitation of Liability

In no event shall K Ashar & Co. be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).

K Ashar & Co.’s liability in any circumstance is limited to the amount of fees, if any, paid by you to K Ashar & Co. K Ashar & Co., its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, K Ashar & Co. assumes no liability whatsoever for any monetary or other damage suffered by you on account of

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
Any interruption or errors in the operation of the Site. You expressly understand and agree that K Ashar & Co. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if K Ashar & Co. has been advised of the possibility of such damages).