TERMS OF USE

Last Updated On Jun 25th, 2020

Click here to refer to our privacy policy.


These Terms of Use describe the terms and conditions applicable to your access and use of the websitewww.smbpurchasing.com and its mobile version (each a “Platform”).  This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and the SUPERA RISE DIGITAL COMMERCE (referred to as “we”, “our” or “SMBPURCHASING.COM” hereinafter).


1.    Application and Acceptance of the Terms


a.    User’s use of the Platform and its services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, IP Infringement Policy, Website Disclaimer, Warning against Fraud and any other rules and policies of the Platform that SMBPURCHASING.COM may publish from time to time.   
b.   This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”.  By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms.  Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.   
c.    User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with SMBPURCHASING.COM.
d.    You acknowledge and agree that SMBPURCHASING.COM may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform.  By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
e. The Terms may not otherwise be modified except in writing by an authorized officer of SMBPURCHASING.COM.     
 
2.    Provision of Services


a.    The SMBPURCHASING.COM contracting entity that you are contracting with for access to the Platform is SUPERA RISE DIGITAL COMMERCE. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. SMBPURCHASING.COM disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
b.  You must register as a member on the Platform in order to access and use Services. Further, SMBPURCHASING.COM reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that SMBPURCHASING.COM may impose in its discretion.  

c.    Our services are specific to India and we provide all such services to India based businesses only.
 
3.    Fees and Charges Payable by Manufacturer


Manufacturer will pay to SMBPURCHASING.COM, if applicable, fees for the use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the manufacturer (collectively referred to as ‘Lead Generation Fee’). Lead Generation Fee will be ascertained based on the criteria determined by SMBPURCHASING.COM and communicated to the manufacturer, from time to time.
The applicable Lead Generation Fee shall be as communicated by SMBPURCHASING.COM to the manufacturer(s), from time to time, via email communication or through such other mode of communication as may be determined by SMBPURCHASING.COM at its sole discretion. It shall be the manufacturer’s sole responsibility to routinely check with SMBPURCHASING.COM on such Lead Generation Fee. In the event you continue to use the Platform and the services by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Lead Generation Fee.
The Lead Generation Fee shall be exclusive of all applicable taxes including Goods and Services Tax.


4.    Fees and Charges Payable by Buyer


Buyer will pay to SMBPURCHASING.COM, if applicable, charges for the use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the Buyer (collectively referred to as ‘Quotation Charge’). Quotation Charge will be ascertained based on the criteria determined by SMBPURCHASING.COM and communicated to the buyer, from time to time.
The applicable Quotation Charge shall be as communicated by SMBPURCHASING.COM to the buyer(s), from time to time, via email communication or through such other mode of communication as may be determined by SMBPURCHASING.COM at its sole discretion. It shall be the buyer’s sole responsibility to routinely check with SMBPURCHASING.COM on such Quotation Charge. In the event you continue to use the Platform and the services by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Quotation Charge.
The Quotation Charge shall be exclusive of all applicable taxes including Goods and Services Tax.


5.    Users Generally


a.    You agree to use the Platform or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with SMBPURCHASING.COM, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
b.    You must read SMBPURCHASING.COM’s Privacy Policy which governs the protection and use of personal information about Users of Platform. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
c.    SMBPURCHASING.COM may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that SMBPURCHASING.COM has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
d.    You agree not to undertake any action which may undermine the integrity of SMBPURCHASING.COM’s feedback system.
e.    By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to SMBPURCHASING.COM or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to SMBPURCHASING.COM to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to SMBPURCHASING.COM that you have all the rights, power and authority necessary to grant the above license.
f.    User agree, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:
(i).    User shall not host, display, upload, modify, publish, transmit, update or share any information which:
1.     belongs to another person and to which User does not have any right to;
2.   is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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, The Protection of Children from Sexual Offences Act (POCSO Act) 2012, The Indian Penal Code 1860;
3.     is misleading in any way;
4.   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;
5.     harasses or advocates harassment of another person;
6.     involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using SMBPURCHASING.COM communication platform;
7.     promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8.    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];
9.   promotes an illegal or unauthorized copy of another person's copyrighted work, 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;
10.  contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11.  provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12.   provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13.    contains video, photographs, or images of another person (with a minor or an adult).
14.   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;
15.   engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, SMBPURCHASING.COM's prior written consent means a communication coming from SMBPURCHASING.COM's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
16.   solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
17.    interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
18.    refers to any web site or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other web site, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
19.    harm minors in any way;
20.    infringes any patent, trademark, copyright or other proprietary 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;
21.    violates any law for the time being in force;
22.   deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23.    impersonate another person;
24.    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, cancel-bots, 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;
25.    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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
26.    shall be false, inaccurate or misleading;
27.    shall directly or indirectly, offer, attempt to offer, trade or attempt 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.
28.    shall create liability for SMBPURCHASING.COM or cause SMBPURCHASING.COM to lose (in whole or in part) the services of our internet service provider ("ISPs") or other manufacturers;
(ii).   User 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. SMBPURCHASING.COM reserve its right to bar any such activity.
(iii).   User 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.
(iv).    User 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. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, 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 User’s own information, as provided for by the Platform.

(v).  User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SMBPURCHASING.COM or SUPERA RISE DIGITAL COMMERCE or otherwise engage in any conduct or action that might tarnish the image or reputation of SMBPURCHASING.COM or SUPERA RISE DIGITAL COMMERCE. The User agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SMBPURCHASING.COM's systems or networks.
(vi).   User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the SMBPURCHASING.COM's Platform or any transaction being conducted on the SMBPURCHASING.COM's Platform, or with any other person's use of the Platform.

(vii).   User may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to SMBPURCHASING.COM, on or through the Platform or any service offered on or through the Platform. The User shall not pretend that the User is, or that the User represents, someone else, or impersonates any other individual or entity.

(viii).  User may not use the Platform or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes the rights of SMBPURCHASING.COM and / or others.

(ix).  User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations, and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding the User’s use of the Platform. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law or regulations for the time being in force.


6.    User Accounts


a.    User must be registered on the Platform to access or avail the Services. Except with SMBPURCHASING.COM’s approval, one User may only register one account, either as a buyer or as a manufacturer, on the Platform. SMBPURCHASING.COM may cancel or terminate a User’s account if SMBPURCHASING.COM has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, SMBPURCHASING.COM may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
b.    A Registration Number is unique to a single User account. You shall be solely responsible for all activities that occur under your User account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
 
7.    User’s Responsibilities


a.    You represents, warrants and agrees that (a) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms (b) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (c) you use the Platform and Services for business purposes only; and (d) the address you provide when registering is the principal place of business of your business entity.   
b.    User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account.  Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
c.    User consents to the inclusion of the business and/or contact information about User in SMBPURCHASING.COM’s database.  
d.    You represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
 
8.    Breaches


a.    SMBPURCHASING.COM reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submit to, post or display on the Platform which SMBPURCHASING.COM reasonably believes is unlawful, violates the Terms, could subject SMBPURCHASING.COM or its affiliates to liability, or is otherwise found inappropriate in SMBPURCHASING.COM’s opinion.
b.    If any User breaches any Terms, or if SMBPURCHASING.COM has reasonable grounds to believe that a User is in breach of any Terms, SMBPURCHASING.COM shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by SMBPURCHASING.COM in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as SMBPURCHASING.COM may deem necessary or appropriate in its sole discretion.
c.    SMBPURCHASING.COM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, SMBPURCHASING.COM may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.   
d.    Each User agrees to indemnify SMBPURCHASING.COM, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.
 
9.    Transactions Between Users


a.    For any Services, SMBPURCHASING.COM does not represent either the Manufacturer or the buyer in specific transactions. SMBPURCHASING.COM does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the Manufacturer to complete a sale or the ability of buyers to complete a purchase.
b.    Users agree that SMBPURCHASING.COM cannot and does not confirm each User's purported identity. SMBPURCHASING.COM encourage Users to exercise discretion and caution while dealing with various Users.
c.    Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
d.    In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify SMBPURCHASING.COM (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from SMBPURCHASING.COM site to avail of services related to the transaction of buy-sell conducted on the SMBPURCHASING.COM Platform.
 
10.    Limitation of Liability


a.    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY SMBPURCHASING.COM ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND SMBPURCHASING.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
b.    TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMBPURCHASING.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; SMBPURCHASING.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND SMBPURCHASING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.
 
11.    Force Majeure


Under no circumstances shall SMBPURCHASING.COM be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
 
12.    Intellectual Property Rights


a.    SMBPURCHASING.COM is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with SMBPURCHASING.COM or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by SMBPURCHASING.COM are hereby reserved.
b.    "SMBPURCHASING.COM" and any other related icons and logos are registered trademarks or trademarks or service marks of SUPERA RISE DIGITAL COMMERCE, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

13.    Third Party Copyrights & Trademarks

All product names, trademarks and registered trademarks are property of their respective owners, who may or may not be affiliated with and/or connected to SMBPURCHASING.COM. All company, product and service names used in this website are for information and identification purposes only. Use of these names, trademarks and brands does not imply affiliation, partnership and/or endorsement. We disclaims proprietary interest in the marks and names of others.

14.    Notices


a.    All legal notices or demands to or upon SMBPURCHASING.COM shall be made in writing and sent to SMBPURCHASING.COM either personally or by registered post to the following entity and address: SUPERA RISE DIGITAL COMMERCE, No. 4AC, 216, HRBR Layout, 3rd Block, Kalyan Nagar, Bengaluru - 560043. The notices shall be effective when they are received by SMBPURCHASING.COM in any of the above-mentioned manner.
b.    All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by registered post or email to the last-known correspondence or email address provided by the User to SMBPURCHASING.COM, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) SMBPURCHASING.COM is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon SMBPURCHASING.COM posting such notice on an area of the Platform that is publicly accessible without charge.
 
15.    General Provisions


a.    Subject to any terms & conditions, the Terms constitute the entire agreement between User and SMBPURCHASING.COM with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
b.    SMBPURCHASING.COM and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
c.    If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
d.    SMBPURCHASING.COM’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of SMBPURCHASING.COM’s right to act with respect to subsequent or similar breaches.
e.    SMBPURCHASING.COM shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of SMBPURCHASING.COM). User may not assign, in whole or part, the Terms to any person or entity.
 
16.    Governing Law and Dispute Resolutions


The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India. SUPERA RISE DIGITAL COMMERCE (SMBPURCHASING.COM) considers itself and intends itself to be subject to the jurisdiction of the courts of Bengaluru, Karnataka, India only.

17.    Grievance Process


In accordance with Information Technology Act 2000 and rules made thereunder, any complaints or concerns with regards to any content on SMBPURCHASING.COM’s Services or any breach of the Terms or Privacy Policy can be directed in writing by registered post at SUPERA RISE DIGITAL COMMERCE, No. 4AC, 216, HRBR Layout, 3rd Block, Kalyan Nagar, Bengaluru – 560043, or through an email signed with the electronic signature sent to contact@smbpurchasing.com.
 
IP Infringement Policy


Notice and Procedure for Making Claims of Right Infringements


We respect the Intellectual Property Rights of others. If you believe that your rights are being infringed and/or your product name, trademark and/or registered trademark has been used on this website in a way that is erroneous or which constitutes infringement of your intellectual property, please notify us immediately by submitting the Notice Form attached below to this policy.


Upon receipt of a Notice Form we may take certain actions, such as informing the users about the infringing content or removing information 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 Notice Form, you grant to SMBPURCHASING.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 Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify SMBPURCHASING.COM for all claims brought by a third party against SMBPURCHASING.COM arising out of or in connection with the submission of a Notice Form.
Note on Third Party User Listings: Please keep in mind that Third Party User listings are merely hosted on SMBPURCHASING.COM and are posted solely by the Third Party Users who may be contacted via their "User Information" page, accessible from any of their listings.
Important Warning: Giving false, misleading or inaccurate information in the Notice Form to SMBPURCHASING.COM may result in civil and/or criminal liability. You should contact a legal advisor in case you have any questions.


Notice Form:


If you believe that your rights are being violated by an information on SMBPURCHASING.COM, you may fill out and submit the Notice Form (below). This form needs to be signed and can be sent in PDF format via E-mail to the following email address:
E-mail:help@smbpurchasing.com


Subject Line: Notice of Infringement


(We will accept a signed PDF via e-mail with the subject line "Notice of Infringement").


Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.


Notice Form


I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:


1.    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 in while registering at SMBPURCHASING.COM.   
2.    Listing's details and Allegation of Infringed Right:
(a) The listing's URL and detailed description of the information that you claim is infringing your rights is located on SMBPURCHASING.COM Platform; if regarding a Third Party User listing please also provide the name used to identify the User on the Platform. (b) A description of your intellectual property right(s) that you claim has/have been infringed. Please provide the copy of Trademark Certificate / Copyright Registration Certificate / Patent Registration Certificate.  [Please also provide as to how you have arrived in determining that third party Intellectual Property Rights have been infringed]   
3.    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 owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law." [Please provide a copy of authorization certificate in favour of the applicant]
4.    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 authorised to act on behalf of the intellectual property owner for the rights described above."
5.    Sign the Notice Form.


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