1.5. If you access our Platform, register with our Platform, submit any material to our Platform or use any of our Platform services, you are deemed to have accepted these terms and conditions and we may ask you to expressly agree to these terms and conditions.
1.6. You must be at least  years of age to use our Platform; by using our Platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.
1.9. Copyright (c) 2019 Optimizing Resources Private Limited.
2. ACCOUNT REGISTRATION OR USE OF THE PLATFORM
2.1. You may access the Services by registering to create an account (“Account”) and become a member (“Membership”). The Membership is limited for the purpose and are subject to the terms, and strictly not transferable.
2.2. We will create your Account for your use of the Platform services based upon the personal information you provide to us. You may only have one Account and not permitted to create multiple accounts. If found, you having multiple accounts, we reserve right to suspend such multiple account without being liable for any compensation.
2.3. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
2.5. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
2.6. Services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
3.LICENCE TO USE PLATFORM
3.1. You may, as applicable at the relevant point in time and from time to time, view pages from our Platform in a web browser; download pages from our Platform for caching in a web browser; print pages from our Platform; stream audio and video files from our Platform; and use our services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2. You may only use our Platform for your own personal and business purposes, and you must not use our Platform for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Platform.
3.3. Unless you own or control the relevant rights in the material, you must not republish material from our Platform (including republication on another Platform); sell, rent or sub-license material from our Platform; show any material from our Platform in public; exploit material from our Platform for a commercial purpose; or redistribute material from our Platform.
3.4. We reserve the right to restrict access to areas of our Platform, or our whole Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.
4.4. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4.5. By using the Platform you represent and warrant that:
a) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
b) Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
c) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
e) You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
f) You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
g) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
h) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
i) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
j) You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
k) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
l) You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts: any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party.
m) You release and fully indemnify us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, we cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
5. ACCEPTABLE USE
5.1. You must not:
a) use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;
b) use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our Platform 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;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent;
e) access or otherwise interact with our Platform using any robot, spider or other automated means, except for the purpose of search engine indexing;
f) violate the directives set out in the robots.txt file for our Platform;
g) use data collected from our Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
h) violate the terms of applicable law, including but not limited to Information Technology Act, 2000.
i) use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
j) use our Platform 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.
k) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent.
l) use our Platform to transmit or send unsolicited commercial communications.
m) use our Platform for any purposes related to marketing without our express written consent.
n) use data collected from our Platform to contact individuals, companies or other persons or entities.
o) You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
i. belongs to another person and which you do not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iii. is misleading or misrepresentative in any way;
iv. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
v. harasses or advocates harassment of another person;
vi. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
vii. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
viii. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
ix. promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
x. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
xi. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
xii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xiii. contains video, photographs, or images of another person (with a minor or an adult);
xiv. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xv. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
xvi. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
xviii. harm minors in any way;
xix. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
xx. violates any law for the time being in force;
xxi. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xxii. impersonate another person;
xxiii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
xxiv. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
xxv. is false, inaccurate or misleading;
xxvi. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xxvii. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
5.2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
5.3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
5.4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
5.5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name [warehousenow], or otherwise engage in any conduct or action that might tarnish the image or reputation, of [Warehousenow] or otherwise tarnish or dilute any [Warehousenow] trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or [Warehousenow] or networks, or any systems or networks connected to [Warehousenow].
5.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
5.7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
5.9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to GST / sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
6. LIMITED WARRANTIES
6.1. We do not warrant or represent:
a) the completeness or accuracy of the information published on our Platform;
b) that the material on the Platform is up to date;
c) that the Platform or any service on the Platform will remain available.
6.2. We reserve the right to discontinue or alter any or all of our Platform services, and to stop publishing our Platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Platform services, or if we stop publishing the Platform.
6.3. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Platform and the use of our Platform.
6.4. Your use of this Platform is at your sole risk. The Platform is offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, we expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Platform content, or any reliance upon or use of the Platform content.
6.5. Without limiting the generality of the foregoing, we make no warranty: that the information provided on this Platform is accurate, reliable, complete, or timely; the links to third-party Platform are to information that is accurate, reliable, complete, and timely.
6.6. No advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein.
7. LIMITATIONS AND EXCLUSIONS OF LIABILITY
7.1. To the extent that our Platform and the information and services on our Platform are provided free of charge, we will not be liable for any loss or damage of any nature.
7.2. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.3. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.4. We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Platform or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8. BREACHES OF THESE TERMS AND CONDITIONS
8.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may, take such actions against you as we may be advised or as per our policy, including but not limited to: send you one or more formal warnings; temporarily suspend your access to our Platform; permanently prohibit you from accessing our Platform; block computers using your IP address from accessing our Platform; contact any or all of your internet service providers and request that they block your access to our Platform; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our Platform. Where we suspend or prohibit or block your access to our Platform or a part of our Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.
9. INTELLECTUAL PROPERTY
9.1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
9.2. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
9.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
10.1. We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Platform, and you must stop using the Platform.
11.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12.1. 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 of these terms and conditions 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.
13. ENTIRE AGREEMENT
13.1. These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Platform and shall supersede all previous agreements between you and us in relation to your use of our Platform.
14. LAW AND JURISDICTION
14.1. These terms and conditions shall be governed by and construed in accordance with Indian law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.
15.1. The Platform may be under constant upgrades, and some functions and features may not be fully operational.
15.2. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
15.3. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
15.4. While the materials Provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
15.5. The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
15.6. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
15.7. in no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.