AGREEMENT FOR CONDITIONS TO USE FOR THE B2B DEALS

Skyline.in (“us” or “we” or “our”) having its registered office located 103, Ocean Plaza, Sector-18, Noida-201301, Uttar Pradesh, India is the operator of the website https://skyline.in . You (“user” or “you” or “buyer”) shall read the conditions of use document herein, before signing up on the website for availing the wholesale deal offerings (B2B deals). Once you sign up on our website, create an account (dormant or active) you undertake to be abide by Conditions of Use for the B2B deals and are bound by the following stipulations as these “Conditions of Use for the B2B deals” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Account
   It will be the responsibility of the user to keep the details of the account i.e., login credentials and other associated details, confidential from their end. If there is any unauthorised access to your account you must control it by the means of reporting the issue and changing the password. Therefore, necessary steps must be taken to ensure that your login credentials are safe with you.
   All the activities under your account must be the responsibility of the user of the account.
   While registering it is mandatory that you check the details you furnish us with via your account are genuine. All the information updated by you on the account will be accessible to you, also. In case, you are creating account to procure products for your business, you need to suggest them same on the account.
   Skyline has reserved to itself the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you. The details so provided by you will be used and shared as per the Privacy notice extended by Skyline.
2. Privacy
   The data which is provided by you to us during the course of usage of our B2B services will be treated as confidential and will be handled in regard to the Privacy Policy of Skyline and all the applicable laws.
   In case of any objection with the Privacy Policy of Skyline, you are suggested to report the concerns to the grievance cell of the website and we shall try to resolve your issues as per our policies in order to assist you better.
3. Licence
   The B2B dealing platform extended by the website provides you the access the purchasing of the products for bulk purchasing in order to propagate your wholesale/retail dealings further, and further no right to modify, alter, amend the website will be granted to you; except when Skyline explicitly permits the same to you. We do not permit you for any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
   The website must not be subjected to duplication/reproduction/sale/resale/copy/distribution or exploitation of any other form for any kind of commercial purpose. Skyline grants you limited, revocable and non-exclusive access to the website.
   Any kind of mishandling or misappropriation of Trademark, logo or any propriety information of the website will lead to stringent actions against the user and termination of account without any notice.
   As long as no derogation/harm/ exploitation is done to the website, the user is allowed to create a hyperlink of the welcome page.
   We undertake to support the uninterrupted access to the website, however due to technical and connectivity glitches your access may get hampered at times for brief tenure. The same suspension will be dealt with due repairs, maintenance and upgradation. We seek your kind cooperation during such stages.
4. E-Platform for Communication
   User must understand that Skyline has no control over the transaction between business organisers are both the ends of the deal i.e., Buyers and Sellers on the B2B Platform of Skyline and seller thereby the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers.
   Skyline helps in providing you products for purchase as per your search on the website.
5. Sample Policy
   Skyline for the purpose of extending confidence to buyers provides the option of buying sample of the products listed on B2B platform. To safeguard the interest of Sellers, the sample products shall be available on retail pricing.
   The payment policy as well as return/refund/replacement policy of the sample product shall be same to that of the bulk orders.
   The Buyers will be liable for bearing the costs for delivery service of the sample products.
6. Feedback
   You are free to submit your feedback in nature of reviews, comments and other kind of communications as available through the account on our website. Needless to state that such content/feedback, must not stand in violation to community norms and is not illegal, abusive, threatening, injurious to someone/website, political campaigning, any form of spam.
   In case, any user tries to impersonate someone and use fake credentials like email, the same account shall be liable for termination.
   Skyline reserves right to take necessary legal action against the user in the wake of aforesaid and to terminate the account of such user without giving any prior notice.
   The aforementioned clause of impersonation also cover the act of suggesting that the user has any kind of rights over the website or the control as to its content or belongs to an authoritative designation in the management of our website or Skyline.in offices.

   Unless indicated otherwise:

   1. The user grants Skyline a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
   2. The user grants Skyline to use the name that user submits in regard to the content posted.

   The aforesaid, right granted to Skyline shall stay irrevocable till the entire period of usage of account on the Skyline Website. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Skyline, including the execution of deeds and documents, at its request.

7. Conduct of user
   The user’s way of usage of the website should not inflict any harm to the website. For all the communication, done by the user on the website shall be the responsibility of the user only. Website should not be used by the user for any fraudulent act, unlawful activity, to send content/material that user is not entitled to, or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; or is patently false and untrue.
8. Indemnity
   User undertakes to indemnify and hold harmless- Skyline from any from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
   Skyline is hereby released from any cost, liability, consequences of the actions/omissions of the vendors specifically waiver any claims or demands that the user may have as per any law/contract.
9. Children
   Skyline is available to only those persons who are eligible to enter into a legally binding contract under the Indian Contract Act, 1872 and is eligible to execute business in the Indian economy i.e., the user should not be declared an insolvent or prohibited to execute business policy by any legal tribunal or legislation of India. Person below the age of 18 shall be able to operate website of Skyline with the due representation given by an adult.
10. Objectionable Content
    The users are free to check the details provided by the seller regarding the following:
    the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable.
    The concerned details will also be enlisted in the invoice that will be issued to the user.
    Apart from the aforementioned details the directory of prevalent laws in regard to providing product details will be followed and the expiry date of the required products will also be furnished along with other necessary details.
    Some other vitalities include:
    goods offered for B2B selling options by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage; the authenticity or genuineness of the imported products based on reviews and reports; and guarantees or warranties applicable to such goods or services; further, all contractual information required to be disclosed by law.
    Since the exceptionally broad ambit of the kind of sellers the Skyline deals with it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Thereby any issue regarding product quality and authenticity must be reported by the user to the Skyline.
    If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (” Objectionable Content “), please notify Skyline.in immediately by following our Notice and Procedure for Making Claims of Right Infringements.
    Skyline undertakes to make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time. But the same shall be done only by an in-house review done by the team of experts at Skyline.
11. Copyright and associated rights
    Skyline owns the title to all the content, where literary, design, logos, icons, images, videos, marks, software etc. The same stands protected by India and international copyright, authors’ rights and database right laws.
    Unless expressly permitted by Skyline, no user holds inherent right to extract/re-utilise parts of the contents of the Website in any manner. The permission so given by Skyline must be in written form.
12. Intellectual Property Claims
    We at Skyline, respect the intellectual property of other and if there is any suspicion on intellectual property rights of someone being violated by Skyline we request you to please write to us by making a claim for Right Infringement.
13. Trademarks
    The Skyline Trademark, Logos and other marks indicated on website or any other advertisement portal are the registered marks of Skyline and unauthorised use of the same independently or in association to any product in particular will amount to infringement. All other trademarks not owned by Skyline that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Skyline.
14. Disclaimer
    User must duly acknowledge and undertake that the services availed by them during the B2B dealings and the transactions so entered upon by them are at the risk and prudence of their own conscience and has no relevance/ liability of Skyline involve.
    Skyline hold no liabilities and responsibilities from any kind of breach of deal/contract between users and sellers. Thereby, the resolution of such disputes will not be vested on Skyline.
    We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Skyline nor shall Skyline have any obligations or liabilities in respect of any transactions on the website.
15. Communications
    When a user accesses the website https://skyline.in the user is virtually in communication with Skyline. Due to the same the user must provide a valid phone number while placing an order with us. Skyline may communicate with its users via e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication.
    Usage of website amounts to consenting to communicate with Skyline (including transactional communication, promotional communication and/or commercial communication).
16. Losses
    Skyline will not be responsible for any loss to the user that is unforeseeable to Skyline or to the user himself as the time of sign up (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other indirect or consequential loss).
17. Alteration of Service or Amendments to the Conditions
    Skyline reserves all the rights to make changes to the website, policies, and these Conditions of Use at any time. User will be subjected to those updated policies unless the same is outcasted by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
    Skyline will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect statutory rights of the user.
19. Waiver
    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
    These conditions are governed by and construed in accordance with the laws of India. User must agree to submit to the exclusive jurisdiction to the judicial forums of New Delhi, India.
21. Customer Complaint Details
    The details pertaining to each customer complaint lodged and their respective status thereby will be provided in the return e-mails which are sent back to the customers.
22. Website updates
    The terms of Conditions to Use shall be applicable to all the updated of the websites made available to you from time to time for your use.
23. Sanctions
    You may not use any B2B Services offered by the Skyline if you are the subject of Indian sanctions or of sanctions consistent with Indian law imposed by the governments of the country where you are using Skyline.

Notice Form to https://skyline.in/:

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

Name: ______________________

e-mail PDF: _______________________

Subject Line: Claim of Infringement B2B Platform

or

Fax: __________________

or

Skyline.in
103, Ocean Plaza,
Sector-18, Noida-201301,
Uttar Pradesh, India.

(We will accept a signed PDF via e-mail with the subject line “Claim of Infringement B2B Platform” or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).

Notice Form to https://skyline.in/ to violation of intellectual property rights:

Re: _________________________

I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE; B2B Platform] , state as follows:

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 via account as per Conditions of Use.

Listing and Allegation of Infringed Right:

1. The detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name used to identify the Seller on the site (look for “dispatched and sold by _____” or “by ______” in the listing).
2. A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent)
   [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]

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.”

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.”

Sign the Notice Form.

Notice to https://skyline.in/ of Objectionable Content:

I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:

I refer to the website and make this statement in support of my giving notice that, via the B2B platform of the website, it is causing or contributing to the publication of Objectionable Content.

The Objectionable Content (delete whichever paragraph is not applicable):

1. appear in a book being sold by _______________________via the website entitled [please state the book name and its author]. The Objectionable Content appear on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR
2. appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].

The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
Statement of Truth 

I declare the facts stated above to be true.

Signed:

Dated: