SalesBook Technologies (the “Firm” or “We” or “Our” or “Us”) operates a web/mobile application, SalesBook” (the “App”) available on Google Play Store and other similar platforms and also operates a website https://salesbook.com/ (the “Website”) . The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).

These Terms constitute a binding and enforceable legal contract between the Firm and a User (as defined below) or any end user of the Services (collectively, “You”). You represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms, (ii) are 18 (eighteen) years of age or older, and (iii) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.

1. General

SalesBook, an internet based portal is operated by the Firm a sole proprietorship firm duly existing under the laws of India.

Use of the Platform is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference along with any amendments/modification made by the Firm at its sole discretion and posted on the Platform, including by way of imposing an additional charge for access to use of a service(s).

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by registering on the Platform as a registered User using the computer systems.

The Firm shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions (“Terms”). The revised Terms shall be made available on the Website. Your use of the Platform and its Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. The Firm may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Platform and the Services, provided on the Website. If no such separate consent is sought, You continued use of the Platform, following changes to the Terms, will constitute your express acceptance of those changes.

By (i) using this Platform or any facility or service provided by this Website in any way; or (ii) merely browsing the Website, You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and condition as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines ,policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

SalesBook shall not be liable to deliver any Products purchased by You through the use of the Platform for delivery.

The user agrees that either the user himself or an individual authorized by the user shall facilitate delivery of goods/products on the user’s behalf.

2. Products and Services

Web interface for backend operation such as Updating product catalogue, order management and process, schemes management, price management etc and App interface for frontend operations- Order taking from buyer by salespersons on behalf of seller or designated distributors/ wholesalers, Manufacturer and providing orders directly from buyer.

3. Eligibility for Use

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the Firm’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the products through the Platform. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Platform, through Your legal guardian in accordance with the applicable laws.

Firm reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to the Firm’s notice or if it is discovered that You are under the age of 18 years.

Firm reserves the right the refuse access to use the services offered on the Platform to the new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.

You shall not have more than one active account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise You Account to another party.

4. On-Boarding

To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to setting up a username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its customers and businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.

The User is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify the Firm in writing at [email protected] of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.

The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Firm expressly excludes any liability for any unauthorized access to a User’s Profile.

The User agrees to receive communications from the Firm regarding:

1. information relating to transactions recorded on the Platform;
2. requests for payment;
3. information about the Firm and the Services;
4. promotional offers and services from the Firm and its third party partners, and
5. any other matter in relation to the Services.

Except with SalesBook’s approval, one User may only register one account on the Platform. SalesBook may cancel or terminate a User’s account if SalesBook has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, SalesBook may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

SalesBook hereby reserves the right with respect to the refund against the subscription amount paid by a User. The User shall have no right to claim a refund of the subscription amount paid by him. SalesBook shall be the final authority to decide the quantum of refund, if any. The entire amount of subscription may either be forfeited or be refunded on a pro-rata basis depending on SalesBook’s evaluation of each claim for refund.

5. Users Generally

You agree that (i) 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 “Platform Content”), and (ii) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with SalesBook, 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).

You must read SalesBook’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.

SalesBook 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 SalesBook 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.

You agree not to undertake any action which may undermine the integrity of SalesBook’s feedback system. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to SalesBook or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to SalesBook to display, transmit, distribute, reproduce, publish, translate, 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 SalesBook that you have all the rights, power and authority necessary to grant the above license.

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:
1. belongs to another person and to which You do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
3. is misleading in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, 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 SalesBook communication platform;
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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, SalesBook’s prior written consent means a communication coming from SalesBook’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 website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
26. shall not be false, inaccurate or misleading;
27. shall not, 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 not create liability for SalesBook or cause SalesBook to lose (in whole or in part) the services of our internet service provider ("ISP") or other suppliers;

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. SalesBook reserves its right to bar any such activity. 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. Unless expressly permitted, 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.

6. User’s Responsibilities

You represent, warrant and agree that You are at least eighteen years of age or above and are fully able and competent to understand and agree to the Terms; You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; You use the Platform and Services for business purposes only; the address You provide when registering your account on the Platform is the principal place of business of your business entity; Your business is validly existing and incorporated / established as per the provisions of applicable laws; You shall comply with all applicable laws while using and accessing the Platform; and You and products/ services provided by you on the Platform (if any) comply with applicable laws. 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.

User may be required to furnish additional documents or information about products/ services that the User may offer for sale on the Platform in order to authenticate that the products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. User agrees to promptly provide such additional documents and information, failing SalesBook reserves its right to take appropriate measures as set out under Clause 7.

User consents to the inclusion of the contact information about User in SalesBook’s database.

You represent, warrant and agree that (i) you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; (ii) 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”); (iii) User have the right and authority (if required under applicable laws) 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.

7. Breaches

SalesBook 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 We reasonably believe is unlawful, violates the Terms, could subject SalesBook or its affiliates to liability, or is otherwise found inappropriate in Our opinion.

If any User breaches any Terms, or if We have reasonable grounds to believe that a User is in breach of any Terms, We shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by SalesBook in its discretion;
2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
3. removing any product listings or other User Content that the User has submitted, posted or displayed;
4. any other corrective actions, discipline or penalties as We may deem necessary or appropriate in its sole discretion.

Notwithstanding anything contained herein these Terms, SalesBook may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list a User’s account or suspend any listing, or de-list any or all Product listing from the Platform for any reasons including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.

In the event a User becomes inactive or if no transaction is noticed by SalesBook, in such a case SalesBook reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.

SalesBook 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, SalesBook 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.

Each User agrees to indemnify the Firm, its proprietors, 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.

8. Transactions Between Users

When a product is listed for sale on the Platform by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.

For any Services, SalesBook does not represent either the seller or the buyer in specific transactions. SalesBook 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 sellers to complete a sale or the ability of buyers to complete a purchase.

Users agree that SalesBook cannot and does not confirm each User's purported identity. SalesBook encourages Users to exercise discretion and caution while dealing with various Users.

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.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify SalesBook (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 SalesBook site to avail of any additional or independent services related to the transaction of buy-sell conducted on the SalesBook Platform from any third party.

9. Limitation of Liability

To the maximum extent permitted by law, the services provided by SalesBook on or through the Platform are provided “as is”, “as available” and “with all faults” and SalesBook hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties or condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representation, conditions and undertakings are hereby excluded.

To the maximum extent permitted by law, SalesBook makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or update of any information provided on or through the Platform; SalesBook 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 SalesBook makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform.

SalesBook shall undertake reasonable efforts to ensure that the availability of the Website will be uninterrupted, and that transmissions shall be error-free. However due to the inherent nature of internet, the same cannot be guaranteed. The Website may also be occasionally suspended or restricted to carry out repairs, maintenance, or introduction of new facilities or services at any time without prior notice to the Users. SalesBook shall not be liable for any loss (monetary or otherwise) suffered by any User due to such downtime or maintenance.

10. Indemnification

You agree to indemnify and hold harmless SalesBook, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by SalesBook.

11. Intellectual Property Rights

The Firm 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 the Firm or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by the Firm are hereby reserved.

"SalesBook" and any other related icons and logos are registered trademarks or trademarks or service marks of SalesBook Technologies, 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.

12. Force Majeure

Under no circumstances shall SalesBook 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.

13. Notice

All legal notices or demands to or upon SalesBook shall be made in writing and sent to SalesBook personally, by courier, certified mail to the following entity and address: SalesBook Technologies Unit - A/702, Vasai Manor CHS, Suyog Nagar, Vasai West, Maharashtra 402201, Attn: Legal Department. The notices shall be effective when they are received by SalesBook in any of the above-mentioned manner.

All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to SalesBook, 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) SalesBook is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon SalesBook posting such notice on an area of the Platform that is publicly accessible without charge.

14. Third Party Rights

No third party shall have any rights to enforce any terms contained herein.

15. Fees/Charges

The Firm reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services.

16. Modification

The Firm reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Firm shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

17. Jurisdiction, Governing Laws and Dispute Resolution

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore/ Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Firm. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

18. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

19. Notice Form:

If you believe that your rights are being violated by information on the SalesBook, you may fill out and submit the Notice Form (below). This form needs to be signed can be sent via e-mail PDF to the Grievance Officer: