Terms and Conditions of Use
Access to the Origintraffic.com website
(the "website") to subject to the conditions set out on this page.
Please read these conditions carefully before
using the Origintraffic.com website.
By using the Origintraffic.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 Origintraffic.com
Notice and Procedure for Making Claims of
Infringement and for Notifying Origintraffic.com of Objectionable Content
Conditions Relating to Your Use of Origintraffic.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 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. Origintraffic.com reserves the right to refuse access to the website, terminate accounts, or remove or edit content at any time without notice to you.
2. Privacy
The personal information/data provided to us by you during the course of usage of Origintraffic.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, and wherever applicable, payment details. All information is encrypted and saved in 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 Origintraffic.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/suppliers on Origintraffic.com.
4. Access to Origintraffic.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, Origintraffic.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 written consent of Origintraffic.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 Origintraffic.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 Origintraffic.com without express written consent. You may not use
any meta tags or any other "hidden text" utilizing Origintraffic.com’s names or trademarks without the express written
consent of Origintraffic.com.
Any unauthorized use terminates the permission or license granted by Origintraffic.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 Origintraffic.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:
7. Claims against Objectionable Content: ‘Ticket’
Because Origintraffic.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, Origintraffic.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 Origintraffic.com of
Objectionable Content.
Once this procedure has been followed, Origintraffic.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 Origintraffic.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 Origintraffic.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 Origintraffic.com, its affiliates, or its
software suppliers and is protected by the country and international copyright and
author's rights laws.
You may not systematically extract / or
re-utilize parts of the contents of the website without Origintraffic.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 Origintraffic.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 Origintraffic.com and/or its affiliate's (as may be applicable)
express written consent.
9. Intellectual Property Claims
Origintraffic.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 Origintraffic.com of Objectionable Content.
10. Disclaimer
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 Origintraffic.com shall not have any obligations or liabilities in respect of any
transactions on the website.
11. Refund
Origintraffic.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 the normal course of action, no refunds are processed to your payment method. You are advised to use your balance on orders from Origintraffic.com. You are entitled to a refund credit to your Origintraffic.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 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 Origintraffic.com, its affiliates, and their respective officers, directors, agents, and employees, from any claim 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 Origintraffic.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.
13. Children
Use of Origintraffic.com is available only to persons who can form a legally binding contract under the country Contract Act, of 1872. If you are a minor i.e. under the age of 18 years, you may use Origintraffic.com only with the involvement of a parent or guardian.
14. Other Businesses
Parties other than Origintraffic.com and its affiliates may operate stores, provide services, or sell service lines on Origintraffic.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. Origintraffic.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.
15. Communications
When you visit Origintraffic.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.
16. Losses
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.
19. 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.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of the country. You agree, as we do, to submit to the exclusive jurisdiction of the courts in the country.
21. Our Details
This website is operated by Origintraffic.com. For
the Origintraffic.com website, you could
contact us by visiting ‘Tickets’.
Notice and Procedure for Making Claims of Infringement and for Notifying Origintraffic.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 Origintraffic.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 Origintraffic.com for all claims brought by a third party
against Origintraffic.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 Origintraffic.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 Origintraffic.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.
Ticket Subject: Claim of Objectionable Content/Infringement of
Rights/Please Resolve an Issue (etc.) Message:
I, [INSERT FULL NAME AND TITLE ] of [COMPANY
NAME, IF APPLICABLE], state as follows:
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.
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 have/have been infringed.
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 Origintraffic.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].
The words/ content that I consider to be
Objectionable Content are [please repeat the exact words you are complaining
about].
This content is Objectionable Content because
[please state why you consider the content is Objectionable Content].
I understand that this statement may be used in
any court proceedings that may arise out of or relating to the Objectionable
Content that I have complained about.
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."
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."
Origintraffic.com Software Terms
1. Use of the Origintraffic.com Software
You may use Origintraffic.com Software solely for purposes of enabling you to use and enjoy the Origintraffic.com listed Services as provided by Origintraffic.com through Suppliers or sellers directly, and as permitted by the Conditions of Use, these Origintraffic.com Software Terms and any Terms. You may not incorporate any portion of the Origintraffic.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 Origintraffic.com Software or otherwise assign any rights to the Origintraffic.com Software in whole or in part. You may not use the Origintraffic.com Software for any illegal purpose. We may cease providing any Origintraffic.com Software and we may terminate your right to use any Origintraffic.com Software at any time. Your rights to use the Origintraffic.com Software will automatically terminate without notice from us if you fail to comply with any of these Origintraffic.com Software Terms, the Conditions of Use, or any other Terms. Additional third-party terms contained within or distributed with certain Origintraffic.com Software that are specifically identified in related documentation may apply to that Origintraffic.com Software (or software incorporated with the Origintraffic.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 Origintraffic.com Service is the property of Origintraffic.com and/or its affiliates or its software suppliers and is protected by laws of India including but not limited to any other applicable copyright laws.
2. Use of Third-Party Services
When you use the Origintraffic.com Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
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 Origintraffic.com Software, whether in whole or in part or create any derivative works from or of the Origintraffic.com Software.
Updates
In order to keep the Origintraffic.com Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.