Xfurbish is an intermediary in the
form of an online marketplace and is limited to managing the Website to enable
the seller to exhibit, advertise, display, make available, and offer to sell the
products and to enable the buyer to purchase the products so offered
("Products"), and other incidental Services thereto
("Services") including use of the Website by any User.
These Terms of Use are subject to revision by
Xfurbish at any time and hence the Users are requested to carefully read these
Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly
visit the Website to view the most current Terms of Use.
Definitions
"Your Information" is
defined as any information you provide to Xfurbish or other users in the
registration, in the listing process (which includes photographs and descriptions),
In any public message area (including the Forums or the feedback area) or
through any email feature. You are solely responsible for Your Information, and
Xfurbish acts as a passive channel for your online distribution and publication
of Your Information.
"Your Activities"
include, for example, listing items, posting comments in any public message
area (including the Forums or the feedback area), and email.
Dispute Resolution
Xfurbish's goal is to satisfy its
customers by providing an exclusive platform to buy and sell refurbished IT
Enterprise products. In case a dispute arises between you and Xfurbish, please
mail us at support@xfurbish.us or chat with us on Xfurbish Chat Support, and we will work quickly towards a solution.
You may access and use the Website
and the Services either as a registered user or as a guest user. However, not
all sections of the Website and Services will be accessible to guest users.
·
You acknowledge that you must be 18 years or older to use this
site or establish an account.
·
You will be responsible for
maintaining the confidentiality and security of the Account Information and are
fully responsible for all activities that occur under Your Account
· The Website may allow you to
post certain content, data, or information of Your own such as allowing You to
rate Products, and Seller, post your comments, and reviews in relation to Products
on specific pages of the Website, you agree not to use Xfurbish for any illegal
or unauthorized purpose.
·
You acknowledge that you
abide sole responsibility for keeping your password secure.
·
You agree not to modify,
adapt or hack the Xfurbish website or modify another website to falsely imply
that it is associated with the Xfurbish website
· You specifically agree not to
display, upload, modify, publish, transmit, update or share any information or
content that is grossly harmful, harassing, blasphemous, defamatory, obscene,
invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatsoever;
· If You provide any
information that is untrue, inaccurate, not current or incomplete (or becomes
untrue, inaccurate, not current or incomplete), Xfurbish has the right to
suspend or terminate your Account and refuse any and all current or future use
of the Website Services
· You agree to provide correct
and accurate financial information, such as credit/debit card details to the
approved payment gateway or pre-paid payment instrument account details or net
banking or Paypal account details for availing Services on the Website
· You agree to comply with all
local laws regarding online conduct and acceptable content.
· You will agree not to
threaten the unity, integrity, defense, security or sovereignty of The State,
friendly relations with foreign states or public order or causes incitement to
the commission of any cognizable offense or prevents investigation of any
offense or is insulting of any other nation;
· You are solely responsible
for your conduct and any data, text, information, screen names, graphics,
photos, profiles, audio, and video clips, links, or any other content that you
submit, post, or display on the Website.
· You shall solely be
responsible for maintaining the necessary computer / mobile equipment, internet
connections, and other software and technologies that may be required to
access, use, and transact on the Website. You may incur access or data fees from
third parties in connection with your purchase and/or use of the services. You are
responsible for all such fees.
·
You agree not to harass,
solicit or impersonate Xfurbish members.
When you use the Website and/or the Services You
specifically, undertake not to host, display, upload, modify, publish, transmit,
update or share any information or Content that:
·
belongs to another person and
to which the User does not have any right to;
·
harms minors in any way;
·
impersonate any person or an entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
·
infringes any patent,
trademark, copyright, or other proprietary rights;
·
contain software viruses or
any other computer code, files, or programs designed to interrupt destroy or
limit the functionality of any computer resource;
·
engage in any activity that
interferes with or disrupts access to the Website or the Services (or the
servers and networks which are connected to the Website);
· attempt to gain unauthorized
access to any portion or feature of the Website, any other systems or networks
connected to the Website, to any Xfurbish server, or to any of the Services
offered on or through the Website, by hacking, password mining, or any other illegitimate
means;
·
disrupt or interfere with the
security of, or otherwise cause harm to, the Website, systems resources,
accounts, passwords, servers, or networks connected to or accessible through the
Websites or any affiliated or linked sites;
·
violate any applicable laws
or regulations for the time being in force within or outside India;
·
violate the terms of the
Agreement.
You shall use this Website and any
voucher/coupons purchased through it, for personal, non-commercial use only and
shall not re-sell the same to any other person.
An order can be classified as 'Bulk Order' if it
meets certain criteria adopted by Xfurbish to identify 'Bulk
Order', including but not limited to:
In case You purchase multiple Products in one
transaction, the Seller(s) may deliver all such Products together. However,
this may not always be possible. If You purchase multiple Products in a single
transaction, then all the Products would be dispatched to a single delivery
address provided by the buyer at the time of purchase. If You wish to get
delivery of the Products to different addresses, then You should purchase the
Products under separate transactions and provide separate delivery addresses
for each transaction, as may be required. You agree that the delivery of the
Products can be made to the person who is present at the shipping address
provided by You.
The trademarks, logos, and service marks
displayed on the Website ("Marks") are the property of Xfurbish or
their vendors/seller or respective third parties. You are not permitted to use
the Marks without the prior consent of Xfurbish, the vendor/seller, or the third party that may own the Marks.
Except as expressly provided herein, you
acknowledge and agree that You shall not copy, republish, post, display,
translate, transmit, reproduce or distribute any Content through any medium
without obtaining the necessary authorization from Xfurbish of such Content.
Notwithstanding anything to contrary in the
Agreement(s), in no event, shall Xfurbish, its subsidiaries or affiliates, and their
respective officers, directors, employees, partners, or suppliers be liable to
You for any special, incidental, indirect, consequential, exemplary, or punitive
damages whatsoever, including those resulting from loss of use, data or
profits, whether or not foreseeable or whether or not Xfurbish has been advised
of the possibility of such damages, 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, Services, or Content.
Notice: All notices with respect to these Terms
of Use from Xfurbish will be notified by email or by general notification on
the Website. Any notice provided to Xfurbish under these Terms of Use should be
sent at support@xfurbish.us
Force Majeure: If the performance of any service
or obligation under these Terms of Use or other Agreement by Xfurbish is, or
other third parties in the fulfillment of any purchase or sale transaction (for eg:
logistics service provider, payment gateways, etc.) are, prevented, restricted,
delayed or interfered with by reason of labor disputes, strikes, acts of God,
floods, lightning, severe weather, shortages of materials, rationing, utility
or communication failures, earthquakes, war, revolution, acts of terrorism,
civil commotion, acts of public enemies, blockade, embargo or any law, order,
proclamation, regulation, ordinance, demand, or requirement having legal effect
of any government or any judicial authority or representative of any such
government, or any other act whatsoever, whether similar or dissimilar to those
referred to in this clause, which is beyond the reasonable control of Xfurbish
or its third parties performing such services as sub-contractor to Xfurbish and
could not have been prevented by reasonable precautions (each, a "Force
Majeure Event"), then shall be excused from such performance to the extent
of and during the period of such Force Majeure Event. Xfurbish shall exercise all
reasonable commercial efforts to continue to perform its obligations hereunder.