Information posted on UNSTOCKER is obviously publicly available.. The data is stored and controlled on secured servers Therefore, if you choose to provide us with personal information, you are consenting to the transfer and storage of that information on our servers. We collect and store the following personal information:
- email address, telephone no., physical contact information, and sometimes financial information;
- computer sign-in data, statistics on page views, traffic to and from UNSTOCKER (all through cookies – you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the website)
- Other information, including users’ IP address and standard web log information.
We use users’ personal information to:
- provide our services;
- resolve disputes, collect fees, and troubleshoot problems;
- encourage safe trading and enforce our policies;
- customize users’ experience, measure interest in our services, and inform users about services and updates;
- communicate marketing and promotional offers to you;
- Do other things for users as described when we collect the information.
- All information contained (or collected / collated) by Imaginon is treated as strictly confidential and Imaginon does not and will not disclose or share such confidential information to / with any external organization.[j1]
- The users’ privacy is very important to us. We do not and shall not at any point in time, either sell or rent users’ personal information to third parties without users’ explicit consent.
- We may be required from time to time to disclose users’ personal information to Governmental or law enforcing agencies or our regulators, but we will only do so under proper authority.
- We also reserve the right to make use of the personal information in any investigation or judicial process relating to fraud on account of such transactions during the period Imaginon retains such information.
- We may also disclose personal information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or protects anyone’s rights, property or safety.
- We may also share personal information with service providers who help with our business operations.
Using Information from UNSTOCKER:
You may use personal information gathered from UNSTOCKER only to follow up with another user about a specific posting, not to send spam/ phishing or collect personal information from someone who hasn't agreed to that.
Access, Modification, and Deletion:
You can see, modify or erase your personal information by reviewing your posting or account status page. Contact customer support at +91 22 33835865 or email us at firstname.lastname@example.org to review any personal information we store that is not available on UNSTOCKER. There may be a charge associated with such requests but these will not exceed the amounts permitted by law. We retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent bad guys from coming back.
We use a number of mechanisms (encryption, passwords, physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
Confidentiality of Information:
We may update, upgrade, modify (partially &/or fully) this policy at any time, without any prior notification to users and the amended and restated terms and conditions of use shall be effective immediately on posting. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply.
Welcome to www.unstocker.com (“UNSTOCKER” or “website”). Imaginon Tech-Ventures Pvt. Ltd. (“us” or “we” or “our” or “Imaginon”) are the owners of the UNSTOCKER website and they hereby provide access to www.unstocker.com website to you subject to the conditions set out in this page. These are the terms and conditions governing your use of the website. By accessing UNSTOCKER through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the User Agreement. Before you subscribe to and / or begin participating in or using the website, UNSTOCKER believes that user(s) have fully read, understood and accept the User Agreement and by using the website, you signify your agreement to be bound by these terms and conditions. If you do not agree to or wish to be bound by User Agreement, you may not access or otherwise use the website.
These terms and conditions 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.
Your use of the website - www.unstocker.com and services available on the website is governed by the following terms and conditions.
Amendment to User(s) Agreement:
Imaginon may change, modify, amend, or update this User Agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
E-Platform for Communication:
You agree, understand and acknowledge that the website is an online platform that enables you to sell your excess / unused / pre-owned inventory of industrial products and / or purchase products listed on the website at the price indicated therein / negotiated with the seller at any time from any location. You further agree and acknowledge that UNSTOCKER 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 products on the website shall be a strictly bipartite contract between the buyers and the sellers on www.unstocker.com.
You agree that your listing, posting and / or information:
1. shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services;
2. shall not harm minors in any way;
3. shall not pertain to goods, services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for;
4. shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
5. shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;
6. shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
7. shall not impersonate another person;
8. shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;
9. shall not distribute viruses or any other technologies that may harm UNSTOCKER or the interests or property of UNSTOCKER users or impose an unreasonable load on the infrastructure or interfere with the proper working of UNSTOCKER;
10. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, 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;
11. shall not be placed in a wrong category or in an incorrect area of the website;
12. shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India;
13. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Use of UNSTOCKER website:
You understand and agree that UNSTOCKER and the website merely provide hosting services to its Registered Users and persons browsing/visiting the website.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with this Agreement for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by UNSTOCKER. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law in force from time to time. As a minor if you wish to purchase or sell an item on the website such purchase or sale may be made by your legal guardian or parents who have registered as users of the website. UNSTOCKER advises its users that while accessing the website, they must follow/abide by the related laws. UNSTOCKER is not responsible for the possible consequences caused by your behavior during use of website. UNSTOCKER may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the website at any time.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
When you use the website or send emails or other data, information or communication on or to UNSTOCKER, you agree and understand that you are communicating on / with UNSTOCKER through electronic records and you consent to receive communications via electronic records on / from UNSTOCKER periodically and as and when required.
Registration on the website:
To become a Registered user(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). UNSTOCKER will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize UNSTOCKER to share such information with other user(s). UNSTOCKER may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of UNSTOCKER or general interest of its visitors/other members without giving any reason thereof.
If you use the website, you shall be responsible for maintaining the confidentiality of your User ID and password and you shall be responsible for all activities that occur under your User ID and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website. If you use the website, you are responsible for maintaining the confidentiality of your account and password. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, shall not be entertained by us. Because of this, we strongly recommend that you exit / log out from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. 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. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
License for website access:
Imaginon Tech-Ventures Pvt. Ltd. grants you a limited licence 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 Imaginon and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product 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 Imaginon and / or its affiliates, as may be applicable.
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 www.unstocker.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Imaginon's or its affiliates' names or trademarks without the express written consent of Imaginon and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Imaginon Ltd. and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to use the website for solely your business purposes. You may not use any Imaginon / www.unstocker.com logo or other proprietary graphic or trademark as part of the link without express written consent of Imaginon and / or its affiliates, as may be applicable.
You agree not to hold www.unstocker.com or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information.
You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the website and our services.
While availing any of the payment methods i.e. Credit Card/Debit Card/Net Banking/Offline NEFT/RTGS fund transfer/Cheque and Demand Drafts, available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by you and between your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
It will be the responsibility of the buyers / sellers to establish the ownership of the payment instrument used in the transaction between the said parties and Imaginon shall not be responsible to establish the genuineness of any party or payment instrument in the transaction.
Abuse and Violations by user:
You agree to inform us if you come across any listing or posting that is offensive or violates this Agreement or infringes any intellectual property rights to enable us to keep the website working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the website in keeping with the letter and spirit of this User Agreement. In the event you encounter any problems with the use of our website or services you are requested to report the problem by sending us an email on email@example.com
You agree that in the event your listing, posting or your information violates any provision of this User Agreement, we shall have the right to terminate and or suspend your membership of the website and refuse to provide you or any person acting on your behalf, access to the website.
Claims against Objectionable Content:
Because www.unstocker.com lists millions of products for sale offered by sellers on its website, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, the website operates on a "notice and takedown" basis. 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 Notifying of Objectionable Content. Once this procedure has been followed, Imaginon will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time from the website.
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 or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product 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 products), software, products, 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 products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Imaginon nor shall Imaginon have any obligations or liabilities in respect of any transactions on the website.
Third Party Content:
Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties. You further acknowledge and agree that Imaginon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Intellectual Property Rights:
Imaginon is not an expert in your intellectual property rights, and we cannot verify that the suppliers of our online marketplace have the right to sell the goods and/or services offered by them. Imaginon is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Imaginon is not endorsing a claim of infringement. Neither, in those instances in which Imaginon declines to take down a listing, is Imaginon determining that the listing is not infringing, nor is Imaginon endorsing the sale of goods in such cases. Imaginon does not represent or endorse the accuracy or reliability of any information or content contained on, distributed through, or linked, downloaded or accessed from any of the services contained on its website i.e. www.unstocker.com, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with its services.
Imaginon respects the intellectual property rights of others, and we expect our Suppliers and User(s) to do the same. We believe that the User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the website for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Imaginon, or otherwise commercially exploiting Imaginon’s content. Systematic retrieval of Imaginon’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Imaginon is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Imaginon 's services, you agree that you will not use the website service to infringe the intellectual property rights of others in any way. Imaginon reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Imaginon service, or if Imaginon believes that user(s) conduct is harmful to the interests of Imaginon, its affiliates, or other users, or for any other reason in Imaginon 's sole discretion, with or without cause.
In no event Imaginon shall be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its services. User(s) of this website must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The User agrees to indemnify and hold Imaginon, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of this User Agreement, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.
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.
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.
Governing law and Jurisdiction:
This Agreement shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the website.