THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER 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 SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY ETC OF THE WEBSITE.

TERMS AND CONDITIONS OF USE AND ACCESS TO THE WEBSITE

ANY VISITOR TO THIS WEBSITE IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE ("Terms"). PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS AND USE THE WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUERIES ABOUT THESE TERMS, PLEASE CONTACT THE GRIEVANCE OFFICER [support@mktyard.com]

NMPL is the owner of and hosts the website www.MktYard.com on these Terms.

The Online Platform Provider may amend these Terms and/or its other policies (specified below) on the Website at any time by posting a revised version of the same on the Website. You are requested to regularly check for any amendments or updates to the terms and conditions contained in these Terms and other polices of the Online Platform Provider. By impliedly or expressly accepting these Terms you also accept and agree to be bound by the following other policies of the Online Platform Provider.

[Privacy Policy]

There are several underlined words and phrases in the Terms, in the other policies and elsewhere on the Website. By accepting these Terms, the Visitor (“you”) also agrees to be bound by the provisions contained therein.

Please also note that the access and use of this Website is subject to all applicable laws. Certain areas within this Website may be subject to additional or different terms and conditions of access and use, which are posted in those areas. Unless stated otherwise, these Terms will also cover any new information or services added to this Website.

The Online Platform Provider reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and the availability of any features of the Website, in whole or in part, at any time without notice. The Online Platform Provider may also impose limits on certain features and services or restrict your access to all or parts of the Website without notice or liability. The Online Platform Provider may terminate the membership, authorization, rights and license given hereunder without assigning any reason. You should periodically revisit this Website to review any updates to the Terms and/or other policies or any other condition of use and access of this Website and the services rendered through it.

Changes in these Terms will be effective when posted. Your continued use of the Website, the services and the content published after any changes to these Terms are posted will be considered acceptance of the changes.

The Online Platform Provider may terminate, change, suspend or discontinue any aspect of the Website.

ABOUT THE WEBSITE

The Website is an online market place for facilitating dealings in certain specified Commodities between registered members of the Website. The Website provides features which assists the members to sell and purchase the Commodities through e-auction and e-commerce modes.

The Online Platform Provider relies on the representations and declarations made by its members in respect of the Commodities proposed to be sold and bought by its members and does not guarantee the existence, quality or quantity of the Commodities or the authority of the members to sell and buy such Commodities through the Website or their ability to pay for the Commodities purchased.

LIMITED LICENSE

Subject to the terms and conditions set forth hereunder, the Online Platform Provider grants you a non-exclusive, non-transferable, limited right to access and use this Website but not to download or modify it, or any portion of it. This licence does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Online Platform Provider owns the copyright and any other rights in the content published on the Website. You agree to comply with the applicable laws in your use of this Website. The Online Platform Provider does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information laws or otherwise.

This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without the prior written consent of the Online Platform Provider. Any un-authorised use of the Website terminates the permission or license granted by the Online Platform Provider to you. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

DISCLAIMERS

Although the Online Platform Provider has taken reasonable care with respect to the contents, you expressly understand and agree that: (1) your use of this Website and the services and content provided on the Website are at your sole risk, and (2) the content may contain inaccuracies and typographical errors. The Online Platform Provider does not warrant the accuracy or completeness of the contents of the Website or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on the material, content or any opinion, advice, statement, memorandum, or information shall be at your sole risk. The Online Platform Provider makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

The Online Platform Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. The Online Platform Provider may make any other changes to the Website, the content of the Website and the products, programs, services or prices (if any) described on the Website at any time without notice.

You acknowledge and undertake that you are accessing the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. The Online Platform Provider shall neither be liable nor responsible for any actions or inactions of its members (whether sellers or buyers) nor any breach of conditions, representations or warranties by its members (either sellers or the buyers) and hereby expressly disclaims and any all responsibility and liability in that regard. The Online Platform Provider shall not mediate or resolve any dispute or disagreement between its members.

The Online Platform Provider relies on the representations and declarations made by its members (sellers or buyers) in respect of the Commodities proposed to be sold and bought by its members through the Website and expressly disclaim any warranties or representations (express or implied) in respect of quality, quantity, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose of the Commodities listed or displayed or transacted or the content (including information pertaining to the Commodities and/or specifications) on the Website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to the Online Platform Provider that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

LIMITATION OF LIABILITY

You understand and agree that the Online Platform Provider will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages, costs or loss of profits, goodwill, use, data or other intangible losses, even if it has been advised of the possibilities of those damages, resulting from: (i) your use of or inability to use the Website, the services provided on the Website, or the contents on the Website, or (ii) obtaining substitute commodities, or (iii) the use of any data, information, any Commodities or services obtained from transactions entered into through the Website, or (iv) any statement or conduct of any third party, or (v) any other matter related to the Website, the services provided on the Website, or the contents on the Website.

VIRUSES

There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus the Online Platform Provider warns you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. The Online Platform Provider is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Website. You, and not the Online Platform Provider, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses if any arising from use and/or access to the Website.

INFORMATION PROVIDED BY YOU

In order to access and use certain features on this Website, you have to register with the Online Platform Provider.

Except for the information you submit during the registration process (the "Permitted Information"), the Online Platform Provider does not want you to, and you should not, send any confidential or proprietary information to the Online Platform Provider. In accepting these Terms you agree that any information or materials that you or individuals acting on your behalf provide to the Online Platform Provider other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to the Online Platform Provider, you grant to the Online Platform Provider an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that the Online Platform Provider is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Online Platform Provider. You further recognize that the Online Platform Provider does not want you to, and you warrant that you shall not, provide any information or materials to the Online Platform Provider that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

The Online Platform Provider will use the Permitted Information in accordance with the privacy policy.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, forums, communities, calendars, and / or other message or communication facilities designed to enable you to communicate with the Online Platform Provider (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

The Online Platform Provider has no obligation to monitor the Communication Services. However, the Online Platform Provider reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Online Platform Provider reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Online Platform Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Online Platform Provider’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Online Platform Provider does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Online Platform Provider specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Online Platform Provider’s spokespersons, and their views do not necessarily reflect those of the Online Platform Provider.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and / or dissemination. You are responsible for adhering to such limitations if you download the materials.

INTERNET CONNECTIVITY

The Online Platform Provider will not be responsible for any failure of power, network, server bandwidth problems, hosting server, internet connectivity, ISP or otherwise or the slowness to access the Website.

EVENTS BEYOND REASONABLE CONTROL

The Online Platform Provider will not be held responsible for any delay or failure to comply with their obligations under these conditions if the delay or failure arises from any cause which is beyond their reasonable control.

ADDITIONAL REGULATIONS

The below mentioned text is inserted in these Terms in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the intermediary (i.e. Online Platform Provider) has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

(a) belongs to another person and to which You do not have any right to;

(b) 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;

(c) harm minors in any way;

(d) 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 items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

NOTICES

All communication between the Online Platform Provider and the user will be through email or the Website or the Communication Services. When you access and use the Website or send emails or other data, information or communication to the Online Platform Provider, you agree and understand that you are communicating through electronic records and you consent to receive communications via electronic records from the Online Platform Provider periodically and as and when required. Any communication with email or through the Website which will be deemed adequate service of notice / electronic record.

TERMINATION OF ACCESS AND MEMBERSHIP/ACCESS RESTRICTION

The Online Platform Provider reserves the right, in its sole discretion, to terminate your access to the Website and/or your membership to the Website and the related services or any portion thereof at any time, without notice and without any liability.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Site are: Copyright [·]. All rights reserved.

INDEMNITY

You shall indemnify and hold harmless the Online Platform Provider its subsidiaries, affiliates and their respective officers, directors, agents and employees, 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 Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release the Online Platform Provider and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

MISCELLANOUS

The Terms and any document incorporated by reference constitute the entire agreement between the Online Platform Provider and you in connection with your use of this Website, the services rendered through the Website and the contents on the Website. Any cause of action you may have must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities and indemnity set forth in the Terms will survive. The Terms will be deemed to include all other notices, policies, disclaimers and other terms contained in this Website and in other contracts that you may have executed with the Online Platform Provider including all provisions hyperlinked.

Any reference to Online Platform Provider in these Terms shall include its subsidiaries, affiliates, officers, agents, and employees.

None of the provisions of the Terms and any document incorporated by reference shall be deemed to constitute a partnership or agency between you and the Online Platform Provider and you shall have no authority to bind Online Platform Provider in any manner whatsoever.

The Online Platform Provider may transfer/assign its rights and obligations without your prior express consent.

These Terms and any document incorporated by reference shall be governed by the laws of India.

In case of any dispute you agree to submit to the exclusive jurisdiction of the courts of Gurgaon, Haryana.

PRIVACY POLICY

This website www.MktYard.com is owned and operated by NCML MktYard Private Limited (the "Online Platform Provider"). The Online Platform Provider is committed to protecting your privacy and developing technology that aims to give you the most powerful and safe online experience. This Privacy Policy applies to the Website and governs data collection and usage. By using the Website, you consent to the data practices described in this statement.

Collection of your Personal Information

The Online Platform Provider may collect personally identifiable information, such as your PAN, e-mail address, name, home or work address, mobile number, telephone number, sales tax or VAT registration numbers, mandi receipt. The Online Platform Provider may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that may be collected by the Online Platform Provider. This information may include: your IP address, browser type, domain names, access times and referring web site addresses. This information may be used by the Online Platform Provider for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Online Platform Provider public message boards, this information may be collected and used by others. Note: The Online Platform Provider does not read any of your private online communications.

Use of your Personal Information

The Online Platform Provider may collect and use your personal information to operate the Website and deliver the services you have requested. The Online Platform Provider may also use your personally identifiable information to inform you of other products or services available from the Online Platform Provider and its affiliates. The Online Platform Provider may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

The Online Platform Provider does not sell, rent or lease its member lists to third parties. In addition, the Online Platform Provider may share data with trusted partners to help itself perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Online Platform Provider, and they are required to maintain the confidentiality of your information.

The Online Platform Provider does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

The Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Online Platform Provider or the Website; (b) protect and defend the rights or property of the Online Platform Provider; and, (c) act under exigent circumstances to protect the personal safety of users of the Online Platform Provider, or the public.

Use of Cookies

The Website uses “cookies” to help you personalize your online experience. A cookie is a small file that is placed on your hard disk by a web page server, containing a string of characters, to your computer that uniquely identifies your browser. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize the Online Platform Provider pages, or register with the Website or services, a cookie helps the Online Platform Provider to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same the Website, the information you previously provided can be retrieved, so you can easily use the Online Platform Provider’s features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Online Platform Provider’s services or web sites you visit.

Security of your Personal Information

The Online Platform Provider secures your personal information from unauthorized access, use or disclosure. The Online Platform Provider secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Other Sites

This Privacy Policy applies to web sites and services that are owned and operated by the Online Platform Provider. We do not exercise control over the sites displayed as search results or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites that may be accessible through this Website have their own privacy policies and data collection use and disclosure practices. If you link to such website, you should review the respective website’s privacy policy. The Online Platform provider will not be responsible for the policies or practices of third parties.

Changes to this Statement

The Online Platform Provider will occasionally update this Privacy Policy to reflect Online Platform Provider and customer feedback. The Online Platform Provider encourages you to periodically review this Privacy Policy to be informed of how the Online Platform Provider is protecting your information. The continued use of the Website by you after the effectiveness of such updates will constitute your acknowledgment and acceptance of the terms of the revised/updated Privacy Policy.

Contact Information

The Online Platform Provider welcomes your comments regarding this Privacy Policy. If you believe that the Online Platform Provider has not adhered to this Privacy Policy, please contact the Online Platform Provider at support@mktyard.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Proposed Services

In addition to the above, in the event the Online Platform Provider decides to provide its members with the following services, the policy stated hereunder shall apply –

1. Message Boards / Forums Policy

Users of the Website’s message boards and forums must register separately for these services (both are free of charge) in order to post messages, although they needn't register to visit the Website. During registration the member is required to supply a username, password, and email address.


2. Surveys

The Online Platform Provider may occasionally conduct member surveys to better target their content to audience. Online Platform Provider sometimes shares the aggregated demographic information in these surveys with their sponsors, advertisers and partners. Online Platform Provider never share any of this information about specific individuals with any third party.


3. Opt-Out Policy

We give members options for opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our members.

Usage Tracking

The Online Platform Provider tracks user traffic patterns throughout all of their websites. However, Online Platform Provider does not correlate this information with data about individual members. The Online Platform Provider does break down overall usage statistics according to a member’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every member’s browser).

The Online Platform Provider sometimes tracks and catalogs the search terms that Online Platform Provider enter in our search function, but this tracking is never associated with individual members. Online Platform Provider uses tracking information to determine which areas of their Website members like and don't like based on traffic to those areas. Online Platform Provider does not track what individual members read, but rather how well each page performs overall. This helps the Online Platform Provider to build a better service for you.

Your Consent

By using this Website, you consent to the collection and use of this information by the Online Platform Provider. If the Online Platform Provider decides to change their Privacy Policy, they will post those changes on this page so that you are always aware of what information they collect, how they use it, and under what circumstances they disclose it.