Terms & Condition of Service
Please read this document carefully before proceeding. This Agreement authorizes the user to access this website and the website information displayed therein and contains important information thereto. Your accessing this website implies you acceptance to the following terms and conditions.
This website 3gadgets.com is provided to you by NETMAKHAN TECHNOLOGIES LLP, hereinafter referred to as “NETMAKHAN TECHNOLOGIES LLP”, which expressions shall unless repugnant to the context, shall mean and include its successors in business and permitted assigns.
- Acceptance of terms
Welcome to 3gadgets.com. 3gadgets.com provides its service to you, subject to the terms and conditions of service (“TOS”) mentioned herein, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at our website 3gadgets.com. In addition, when using particular services offered by the NETMAKHAN TECHNOLOGIES LLP, you and NETMAKHAN TECHNOLOGIES LLP shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. You also accept that these terms and conditions are subject to change without prior notice and the user should comply with the updated terms and conditions as posted on this website.
DEFINITIONS AND INTERPRETATIONS
In these terms and conditions, the following expressions shall have the following meanings.
A person shall be deemed to be a user of this website if he accesses, views, copies or utilizes any of the material found on this website, whether proprietary or otherwise, for any purpose, whether commercial or personal.
Website material means and includes any writings, photographs, graphical representation, and any other data, whether in visual, audio, audio-visual or any other form, that is located on this website. The term also includes any website material located on any website or webpage hyperlinked to this website. The term also includes all scripts, applets and codes used in the generation and publication of this website.
Society’s trademarks and copyrights means and includes all trademarks and copyrights owned by NETMAKHAN TECHNOLOGIES LLP.
- Description of service
NETMAKHAN TECHNOLOGIES LLP currently provides users with rich collection of database & facility to access the same as follows:
- Those who have lost their gadget like laptop, Mobiles or tablet; so they can come and report it on 3gadgets.com, so that the NETMAKHAN TECHNOLOGIES LLP can assist them to find it, here it is pertinent to mention that NETMAKHAN TECHNOLOGIES LLP do not charge any consideration for this service and also do not claim or guarantee that the lost gadget would be definitely discovered.
- A person buying Used gadget/pre-owned gadget can check himself at 3gadgets.com and find out whether proposed/bought gadget is reported as lost or missed or not and can verify the authenticity of the gadget up to certain point.
- Those who are using their phone and wants to avoid future hassles, can also Store their information with 3gadgets.com and set the status to “you are recently using” so if you loose or misplace your gadget, you have all the details at one place just click away. You can also change your status to “lost or missed” which will be added in to our centralized database of lost gadget, and you will be informed once your network of used gadget buyer finds it. So adding an additional layer of security for your Gadgets.
- The database maintained by the NETMAKHAN TECHNOLOGIES LLP is open for access by Authorities as well as individuals, so that it provides aid in the search of lost gadgets in larger spectrum.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for NETMAKHAN TECHNOLOGIES LLP to provide the Service.
You also understand and agree that the service may include certain communications from NETMAKHAN TECHNOLOGIES LLP, such as service announcements, administrative messages and the NETMAKHAN TECHNOLOGIES LLP Newsletter, and that these communications are considered part of NETMAKHAN TECHNOLOGIES LLP membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new NETMAKHAN TECHNOLOGIES LLP properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that NETMAKHAN TECHNOLOGIES LLP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- Your registration obligations
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or NETMAKHAN TECHNOLOGIES LLP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NETMAKHAN TECHNOLOGIES LLP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
- Member account, password and security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to :
(a) immediately notify NETMAKHAN TECHNOLOGIES LLP of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. NETMAKHAN TECHNOLOGIES LLP cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.
- Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NETMAKHAN TECHNOLOGIES LLP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NETMAKHAN TECHNOLOGIES LLP does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will NETMAKHAN TECHNOLOGIES LLP be liable in any way for any Content, including, but not limited to, for 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an NETMAKHAN TECHNOLOGIES LLP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
A user shall not commit any act or acts coming under the following description(s):
- tampering with computer source code documents,
- hacking with computer system,
- using the website services for illegal, immoral, unethical purposes,
- transmitting, publishing, disseminating or displaying any pornographic, or obscene materials,
- transmitting, publishing, disseminating or displaying any material that arouses feelings of animosity and hatred towards any particular religious, political or ideological sect or community,
- violating or infringing any copyrights, trademarks or other proprietary rights of ASCL or its affiliates, licentiates, partners and vendors and users,
- committing fraud or misrepresentation using the website or its constituent website material,
- obtaining, without express consent of ASCL, the database or email addresses of the users of the website or its website material, Commission of any of the above mentioned acts or any unauthorised use of this website and its constituent website material shall render the offender to civil and criminal liabilities.
You acknowledge that NETMAKHAN TECHNOLOGIES LLP does not pre-screen Content, but that NETMAKHAN TECHNOLOGIES LLP and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NETMAKHAN TECHNOLOGIES LLP and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NETMAKHAN TECHNOLOGIES LLP or submitted to NETMAKHAN TECHNOLOGIES LLP, including all information without limitation in all other parts of the Service.
You acknowledge and agree that NETMAKHAN TECHNOLOGIES LLP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of NETMAKHAN TECHNOLOGIES LLP, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
- Content submitted or made available for inclusion on the service
NETMAKHAN TECHNOLOGIES LLP does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NETMAKHAN TECHNOLOGIES LLP the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of NETMAKHAN TECHNOLOGIES LLP’s website 3gadgets.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific NETMAKHAN TECHNOLOGIES LLP to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NETMAKHAN TECHNOLOGIES LLP removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service provided by NETMAKHAN TECHNOLOGIES LLP other than 3gadgets.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NETMAKHAN TECHNOLOGIES LLP removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service provided by NETMAKHAN TECHNOLOGIES LLP the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the network of properties that are intended by NETMAKHAN TECHNOLOGIES LLP to be available to the general public. By way of example, publicly accessible areas of the Service that are open to both members and visitors.
However, publicly accessible areas of the Service would not include portions of website that are limited to members.
You agree to indemnify and hold NETMAKHAN TECHNOLOGIES LLP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- General practices regarding use and storage
You acknowledge that NETMAKHAN TECHNOLOGIES LLP may establish general practices and limits concerning use of the Service.
You agree that NETMAKHAN TECHNOLOGIES LLP has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NETMAKHAN TECHNOLOGIES LLP reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NETMAKHAN TECHNOLOGIES LLP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Modifications to service
NETMAKHAN TECHNOLOGIES LLP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NETMAKHAN TECHNOLOGIES LLP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NETMAKHAN TECHNOLOGIES LLP, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NETMAKHAN TECHNOLOGIES LLP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NETMAKHAN TECHNOLOGIES LLP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NETMAKHAN TECHNOLOGIES LLP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NETMAKHAN TECHNOLOGIES LLP shall not be liable to you or any third-party for any termination of your access to the Service.
- Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NETMAKHAN TECHNOLOGIES LLP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NETMAKHAN TECHNOLOGIES LLP has no control over such sites and resources, you acknowledge and agree that NETMAKHAN TECHNOLOGIES LLP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NETMAKHAN TECHNOLOGIES LLP 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 site or resource.
- NETMAKHAN TECHNOLOGIES LLP‘s proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NETMAKHAN TECHNOLOGIES LLP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- Disclaimer of warranties
Information is being made available at this site purely as a measure of public facilitation. While every effort has been made to ensure that the information hosted in this web site is accurate and up-to-date, the NETMAKHAN TECHNOLOGIES LLP does not hold itself liable for any consequences, legal or otherwise, arising out of use of any such information.
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. NETMAKHAN TECHNOLOGIES LLP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- NETMAKHAN TECHNOLOGIES LLP makes no warranty that
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from NETMAKHAN TECHNOLOGIES LLP or through or from the service shall create any warranty not expressly stated in the TOS.
- Limitation of liability
You expressly understand and agree that NETMAKHAN TECHNOLOGIES LLP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NETMAKHAN TECHNOLOGIES LLP has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
In spite of the aforementioned facts, if any liability of financial loss or damage or else of any kind is made out over NETMAKHAN TECHNOLOGIES LLP under any of the law or obligation then notwithstanding any liability and saving other rights mentioned herein NETMAKHAN TECHNOLOGIES LLP would be liable to pay just an amount of Rs. 100 to such claimant and not more than that in any condition, which is hereby agreed by the user before being the user of services provided by NETMAKHAN TECHNOLOGIES LLP.
- Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
- Special admonition for services relating to financial matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again.
They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. NETMAKHAN TECHNOLOGIES LLP and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
These terms and conditions shall be construed as under and governed in accordance with the laws of Maharashtra, India. NETMAKHAN TECHNOLOGIES LLP and the user agree that the exclusive jurisdiction and venue of any lawsuit between them shall be a court sitting in Mumbai, Maharashtra, India.
Any dispute, difference or claim, is raised, arising out of or in connection with the services of NETMAKHAN TECHNOLOGIES LLP including the construction, validity, execution, performance, termination or breach of any of the terms and conditions of services hereof (a “Dispute”) shall be referred to final and binding arbitration under the Indian Arbitration and Conciliation Act, 1996, as amended (the “Arbitration Act”). Such arbitration shall be held exclusively in Mumbai. All proceedings of such arbitration shall be in the English language. NETMAKHAN TECHNOLOGIES LLP and you agree that the Dispute shall be adjudicated by a single arbitrator appointed by the NETMAKHAN TECHNOLOGIES LLP. The arbitral award(s) rendered shall be final and binding.
- General information
The TOS constitute the entire agreement between you and NETMAKHAN TECHNOLOGIES LLP and govern your use of the Service, superseding any prior agreements between you and NETMAKHAN TECHNOLOGIES LLP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and NETMAKHAN TECHNOLOGIES LLP shall be governed by the laws of India without regard to its conflict of law provisions.
You and NETMAKHAN TECHNOLOGIES LLP agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India. The failure of NETMAKHAN TECHNOLOGIES LLP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) Months after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
A user may be required to give personal details for using some of the features of this website. NETMAKHAN TECHNOLOGIES LLP does not sell this personal information to any commercial establishments nor does it spam users with unsolicited information. If a user has received any unsolicited information from NETMAKHAN TECHNOLOGIES LLP then such user shall immediately inform NETMAKHAN TECHNOLOGIES LLP of such incident. However any such incident will not make NETMAKHAN TECHNOLOGIES LLP or its representatives liable for any direct, indirect, special, incidental or consequential damages or loss (including damages for loss of business, loss of profits, or the like).
Please report any violations of the TOS to our NETMAKHAN TECHNOLOGIES LLP at PG@3gadgets.com.