India's no 1 Industrial Spare Parts Buyer and Supplier.
The Service are provided to you subject to these Machine Fox Terms of Use (these “Terms”). For the purpose of the Terms and wherever the context so requires, the terms mean any person who uses or accesses, whether through manual or automated means, the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By using the Service, you agree to with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at ‘MACHINE FOX’s discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Machine Fox or the Service in any way, your only choice is to immediately discontinue use of Machine Fox. These Terms may be updated by Machine Fox at any time at its self discretion. Machine Fox may send you notices of changes to the Website or the Terms pursuant.
SECTION-A : DESCRIPTION OF SERVICE AND CONTENT POLICY.
A.1 UNWANTED ADS
Machine Fox may offer a service known as Unwanted Ads where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads’ visibility. In order to purchase a unwanted Ads, you may be required to transmit certain information through a third party service provider, which may be governed by its own terms of use and other policies. Machine Fox makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party service provider, and your linking to any Third Party service is completely at your own risk, and Machine Fox disclaims all liability related thereto. Unwanted Ads are subject to the Terms listed herein, as well as additional terms of service, which can be viewed here machine fox website .
A.2 ETHICS
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
Additionally, you agree not to:
Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any noncompliant Content uploaded by you.
A.3 PAID POSTINGS.
Machine Fox may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are nonrefundable in the event any Content is removed from the Service for violating these Terms
A.4 NOTIFICATION OF CLAIMS OF INFRINGEMENTS.
Machine Fox is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Machine Fox together with a request to Machine Fox to delete the relevant Content in good faith in the claims of infringement form available here.
A.5 INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that the materials on the Website, other than the user Content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Machine Fox, and are subject to copyright and other intellectual property rights under the applicable laws. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Machine Fox reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Machine Fox is a trade /service mark registered with trademark authorities and in various jurisdictions.
A.6 USER SUBMISSIONS.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Machine Fox is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Machine Fox with respect thereto.
A.7 INDEMNITY
You agree to defend, indemnify and hold harmless Machine Fox, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
A.8 NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Machine Fox email addresses or through Machine Fox computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Machine Fox may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Machine Fox email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Machine Fox computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
A.9 DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Machine Fox shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Machine Fox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Machine Fox is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Machine Fox, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
A.10 LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that Machine Fox may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Machine Fox has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Machine Fox reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Machine Fox shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Machine Fox, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Machine Fox believes that you have violated these Terms. Further, you agree that Machine Fox shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
A.11 DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law Machine Fox, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Machine Fox makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Machine Fox does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Machine Fox will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
A.12 LIMITATIONS OF LIABILITY
In no event shall Machine Fox, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Machine Fox has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the Machine Fox site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Machine Fox shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. The website is controlled and offered by Machine Fox. Machine Fox makes no representations or warranties that the website is appropriate for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
A.13 ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Machine Fox without restriction. Any assignment or transfer by you shall be null and void.
A.14 ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults as individual or as entitled representative of any company /firm /organization /business and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age.
A.15 GENERAL INFORMATION.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Machine Fox and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Machine Fox shall be governed by the laws of the India. Any claim you may have against Machine Fox must be submitted to the exclusive jurisdiction the courts of New Delhi, India. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Machine Fox to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
SECTION-B : PRIVACY POLICY
Machine Fox is responsible for the collection, use, and retention of personal information in the sense of applicable Data Protection Act.
B.1 TYPE OF INFORMATION COLLECTED
When you visit the Website, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website or respond to advertisements or posts on the Website or post contents on the Website without registering, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, and pin code (“Registration Information”) etc. You have the option of also providing to us your company name, address, title and other detail if you choose to register with Machine Fox. If you provide your phone number, it will be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches and new contact sellers. We use third party companies to monitor site traffic, which may, in some instances, store your information (see Section 21(4) below). By using this Website or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by Machine Fox.
B.2 COOKIES
We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Website. We cannot control or access cookies used by third- party service providers. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Website. For example, you may have difficulty logging in or using certain interactive features of the Website, such as the Machine Fox Forum or Comments feature as & when available.
B.3 THIRD PARTIES
We use third-party service providers to manage the operation of our Website and generally improving our Website and to monitor our users’ interests & their activities. You hereby authorise Machine Fox and/or third party service providers engaged by Machine Fox to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Website for the purpose of data analysis and for improving your experience on the Website. In addition, the Website may occasionally contain links to Third-Party Sites or provide you information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third party service providers may be actively provided to you by Machine Fox in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by Machine Fox to improve your experience in relation to the use of the Website and the provision of such services shall be subject to such additional terms and conditions of Machine Fox and/or third party service providers. Machine Fox may also offer for free or for a fee, deliverables produced by third party service providers in furtherance of any services that you may have availed from these third party service providers in connection with the advertisement posted on the Website, without any obligation (monetary or otherwise) towards you. Machine Fox shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. If you click on the links to Third-Party Websites, you leave the Website. We are not responsible for the content of these ThirdParty Websites or for the security of your personal information when you use the Third Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these thirdparty providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and Third-Party Websites in order to provide advertisements about goods and services of interest to you. By publishing an ad on the Website, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and Third-Party Websites pursuant to cobranding agreements, and that it is the sole responsibility of each of those search engines, Third-Party Websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that Machine Fox is not liable for the information published in search results or by any Third-Party Website that carries Machine Fox postings.
B.4 HOW YOUR INFORMATION IS USED
We may use information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Website; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
B.5 PROTECTING YOUR PERSONAL INFORMATION
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not process any payments on the website and do not store any information related your credit card or any bank detail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the product upload or feature, some of your information as marked and guided in the relevant pages will only be posted if you select the option for public display. We strongly discourage posting any information in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
B.6 ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION
You may access, remove, review, and/or make changes to personal information that you have provided to us through the relevant tab /screen . You need to or not to register in order to post or respond to advertisements on the Website. If you register or respond to advertisements or posts on the Website or post any content on the Website, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services. You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against Machine Fox or its service providers under any applicable law. We may also send you any required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Website, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving interactional communications sent to you by other users related to your posting of product via Machine Fox.
B.7 DISCLOSURES
On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Machine Fox, our users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.
B.8 NOTIFICATION OF CHANGES
We reserve the right to change these Terms from time to time, and at our sole discretion. We may send you a notice regarding material changes to these Terms, including the Privacy Policy or the Website. You should make note of the “last updated date” at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.
B.9 DISPUTES
Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum.
B.10 HOW TO CONTACT US
If you have questions about this Privacy Policy, please contact Machine Fox via Support@Machinefoxindia.com with “Privacy Policy” in the subject line.