9th Sight reserves the right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You, and hence you are requested to review these Terms of Use and the 9th Sight Policies for updates/changes. Your continued use of 9thsight.com following the posting of any changes will mean that your acceptance of and agreement to be bound by the revisions to the aforesaid.

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 9thsight.com by undertaking all the registration actions specified, and shall include any person who uses the 9thsight.com without registering themselves. Accordingly, the terms “We”, “Us” and “Our” shall mean 9th Sight.

Introduction

9th Sight is the owner of 9thsight.com  under the provisions of the Information Technology Act, of 2000 and accordingly, 9th Sight does own all of the products or services sold on 9thsight.com.

Usage

Use of the 9thsight.com is restricted to persons who are competent to contract under the Indian Contract Act, of 1872. Thus, inter alia minors (persons under the age of eighteen (18)) are not permitted to register an account and use 9thsight.com to transact with Sellers, unless such use and all transactions are made by parents or guardians of the said minor. 9th Sight reserves the right to remove all minor users from 9thsight.com and delete such accounts upon receiving notice of such usage.   

Communications

By using 9thsight.com or by sending a communication to 9th Sight, you consent to receive responses and other periodic communication from 9th Sight through e-mails or other forms of electronic communication, including voice calls.

9thsight.com is a platform from where e-commerce sellers can buy services related to online marketplaces (“Buyers”), wherein 9th Sight is the parent company and does control any transaction that occurs therein. All contracts between parties are strictly bi-party, between 9th Sight and the Buyer. Accordingly:

• All commercial terms pertaining to the sale, including the price, shipping costs, payment methods, payment terms, date and mode of delivery, warranties related to products and services, and post-sale services, are offered by and agreed to between Buyers and 9th Sight alone.
• 9th Sight makes no representation or warranty as to specific services proposed or offered for sale on 9thsight.com. Further, 9th Sight does not make any representation or warranty as to the characteristics (such as legal title, creditworthiness, identity etc.) of any of its users.  
• 9th Sight is not responsible for any action of a third party in relation to a transaction on 9thsight.com. 
• 9th Sight is not responsible for any amount paid directly to a third party by a Buyer, in contravention of the systems and processes placed on the 9thsight.com. 

The following rights shall be retained by 9th Sight with regard to the usage of 9thsight.com by all customers:

• The right to stop (permanently or temporarily) providing the 9thsight.com (or any features within) for use to you or to users generally at 9th Sight’s sole discretion;
• The right to disable access to a customer’s account or login route, wherein customers may be prevented from accessing the offerings, their account details or any files or other content which is contained in their account;
• The right to modify the features of 9thsight.com at any time, which may result in a limitation of usage of the offerings or the discontinuation altogether,

Users of 9thsight.com may not display, upload, modify, publish, transmit or share any information that:

• belongs to a third party, who has not licensed such usage of the information;
• 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;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

Users of 9thsight.com may not attempt to

• access (or attempt to access) any of the offering by any means other than through the interface that is provided by 9th Sight, unless you have been specifically allowed to do so in a separate agreement with 9th Sight. Users specifically agree not to access (or attempt to access) any of the offerings through any automated means (including through the use of scripts or web crawlers);
• not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering)
• not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose;

In case of any non-compliance with these Terms of User, the Privacy Policy and any other conditions applied by 9th Sight to the access or usage of the 9thsight.com, 9th Sight has the right to immediately terminate the access or usage rights of the users to the 9thsight.com and remove any non-compliant information.

Security

You are responsible to 9th Sight and to third parties, for maintaining the confidentiality of passwords associated with any account you use to access 9thsight.com. You will be solely responsible for all activities that occur under your account.

While 9th Sight will take due care to ensure the confidentiality of your credentials, you agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into the 9th Sight database, 9th Sight shall not be made liable for any resulting damages.

If you become aware of any unauthorized use of your password or of your account, you are required to notify the concerned official at 9th Sight immediately, as disclosed below.

Disclaimer

All the materials, products and services on 9thsight.com are available to users on an “as is” and “as available” basis, without any representation or warranties, express or implied.

9th Sight further expressly disclaims all warranties and conditions of any kind with regard to 9thsight.com and the products sold therein, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement

9th Sight does not represent or warrant to You that: (a) Your use of the offering will meet Your requirements, (b) Your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by You as a result of Your use of the offering will be accurate or reliable.

No advice or information, whether oral or written, obtained by you from 9th Sight or through or from 9thsight.com shall create any warranty not expressly stated in these terms.

Content

All content presented to users on 9thsight.com, including but not limited to advertisements and promotional material of 9th Sight or other companies on 9thsight.com, is protected by intellectual property rights which are owned by 9th Sight or the sponsors or advertisers who provide that content. You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) without express written consent from the owner of such intellectual property.

Users are solely responsible (and 9th Sight has no responsibility to either the User or any third party) for all liabilities and consequences arising from any content that they create, transmit or display while using 9thsight.com.

Using 9thsight.com might expose Users to Content that is offensive, indecent or objectionable and, in this respect, and all Users agree that 9th Sight shall not be made responsible in any manner for any repugnant content circulated on the 9thsight.com by other users. Further, on noticing any such content, it is the duty of Users to bring it to the attention of 9th Sight officials immediately, who will take due care to delete it from the offering in accordance with applicable law.

Using 9thsight.com may expose Users to hyperlinks to other websites or content or resources from third parties, over which 9th Sight may have no control. You acknowledge and agree that 9th Sight is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Privacy

9th Sight takes the protection of your privacy very seriously, and accordingly, we treat all User Information stored with us, including all financial information, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available here. If You object to Your Information being transferred or used in this way, we request you to kindly refrain from using 9thsight.com, and encourage you to contact us at the coordinates given below.

Indemnity

You shall indemnify and hold harmless 9th Sight, its shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Intellectual Property

9th Sight owns all legal rights, title, interest and intellectual property in 9thsight.com, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist).

Unless 9th Sight has otherwise agreed in writing, nothing in the terms gives any User the right to use any of 9th Sight’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner. 

Limitation of Liability

You expressly understand and agree that in no event shall 9th Sight be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability, and this shall include without limitation, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss. Further, 

• You expressly agree that 9th Sight shall not be liable for any loss or damage arising out of:
• the use or the inability to use the Services or Products;
• unauthorized access to or alteration of a User’s transmissions or data;
• the deletion, corruption or loss of any Content on 9thsight.com, whether or not created by You;
• Your failure to keep Your account information, such as login and password, secure and confidential;
• any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the 9th Sight.

Further, the User understands and agrees that any material and/or data downloaded from 9thsight.com is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. 9th Sight shall not be liable for any dispute or disagreement between Users.

Termination

9th Sight may terminate Your use of the 9thsight.com at any time if:

(i) it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or feature of 9thsight.com, or (ii) it is required to do so under applicable law. These Terms of Use shall continue to survive thereafter, governing all past conduct and usage of 9thsight.com.

9th Sight may retain Your information, as defined in the Privacy Policy, for such purposes as compliance with law and regulatory requirements.

When these terms come to an end, all of the legal rights, obligations and liabilities that you and 9th Sight are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. All Users shall be liable for payment with regard to any services or products purchased prior to the time of such termination.

Disputes

These terms and all disputes arising out of or in connection with these terms shall be governed by the laws of India, and the courts and tribunals of Bangalore, Karnataka shall have exclusive jurisdiction over all matters arising thereof, subject to the arbitration provision below.

You and 9th Sight agree that any dispute will be referred to arbitration, under the Arbitration and Conciliation Act, 1996, with the arbitration to be held in Ahmedabad in English, India and the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.

Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer for 9thsight.com are provided below: infodesk@9thsight.com 

Changes to the Terms

9th Sight may make changes to these Terms of Use and the Policies from time to time, which shall be made available to You via the 9thsight.com. Accordingly, You are requested to keep yourself updated with such modifications and regularly check this page for any changes, and Your continued use of the offering will indicate Your acceptance of the modified terms.

Miscellaneous

These terms, along with the 9th Sight Policies, constitute the legal agreement between You and 9th Sight and govern Your use of the 9thsight.com  

You agree that if 9th Sight does not exercise or enforce any legal right or remedy which is contained in the terms (or which 9th Sight has the benefit of under any applicable law), this will not be taken to be a formal waiver of 9th Sight’s rights and that those rights or remedies will still be available to 9th Sight.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

Contact Us

In case you wish to contact 9th Sight for any reason whatsoever, including to review all personal information provided to us by and during Your use of 9thsight.com, Please Contact us if any queries.

Phone Number: +1 585 888 9323

Monday to Friday – IST – 9:30 AM – 7:30 PM