Terms & Conditions

The use of this website and the content contained therein is governed by the following Terms of Use.

The use of this website and the content contained therein is governed by the following Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms and conditions hereof. If you do not agree to or wish to be bound by the terms of use, you may not access or otherwise use the web site. These terms may be modified from time to time.

The services which are located at “www.newgenguru.com” are owned and operated by New Gen Guru Pvt Ltd for the sake of brevity herein after called as “New Gen Guru ”. This site is intended to provide information that might be of interest to the user(s). This web site acts as a mere venue/platform for general consumers/public to negotiate/interact for buying, selling and other business services by way of locating our channel partners to transact with, through this platform. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any such contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the consumers/customers and users only. The contents of this site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are Copyright in the whole and every part of this site belongs to New gen guru , unless otherwise indicated, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of New gen guru .

New gen guru Card and the New gen guru logo are our registered trademarks. New gen guru may also claim rights in other trademarks, service marks, logos, artwork and icons contained on this site.

You should assume that everything you see or read on this site is protected under the copyright act and may not be used except with the prior written permission of New gen guru .

Terms of Web Site User(s) Eligibility:

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by New gen guru on this website. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) should not be a minor or otherwise incompetent as per Indian Law; i.e. user(s) must have completed the age of 18 years of age to be eligible to use our online services.

New gen guru advises its users that while accessing the web site, they must follow/abide by the applicable laws. New gen guru is not responsible for the possible consequences caused by your act/behaviour during the use of this web site. New gen guru may, in its sole discretion, refuse the service to anyone at any time without assigning any reason.

Limitation of Liability and Disclaimer:

The features and services on the web site are provided on an “as is” and “as available” basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. New gen guru makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the web site. New gen guru does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and New gen guru makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.

Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Term of use. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.

User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that web site is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Web site reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defences.

Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

• The use or the inability to use the web site;
• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the web site; or
• Any matters relating to Premium Services however arising, including negligence.

Links to Third Party Sites:

Links to third party sites are provided by web site as a convenience to user(s) and New gen guru has not have any control over such sites i.e. content and resources provided by them

New gen guru may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. New gen guru believes that user(s) acknowledge that New gen guru has no control over such third party’s site, does not monitor such sites, and New gen guru shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

Data Protection:

Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click on the related link to know about our privacy policy

Posting your content on Website:

Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective section. User (s) may need to register and/or pay for some of these services. New gen guru in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither New gen guru nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. New gen guru is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, New gen guru is not responsible for the conduct of user(s) activities on the web site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user’s conduct.

User(s) solely represent, warrant and agree to:

• Provide New gen guru with true, accurate, current and complete information to be displayed on the web site and
• Maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to New gen guru to display and use all information provided by them in accordance with the purposes set forth in Term and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the web site (hereafter referred to as “Third Party Rights”).

User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) hereby represent, warrant and agree that information submitted to New gen guru for display on the web site will not:

• Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
• Be part of a scheme to defraud other User(s) of the web site or for any other unlawful purpose;
• Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
• Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
• Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
• Solicit business from any User(s) in connection with a commercial activity that competes with New gen guru ;
• Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
• Otherwise create any liability for New gen guru or its affiliates.

New gen guru reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject New gen guru to liability, violates the terms and conditions and/or Term of use or is otherwise found inappropriate in New gen guru ’s opinion. Web site 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.

In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear the risk that web site may take such actions.

Web site acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the web site. New gen guru do not have any role in developing the content.

Interaction between Users:

New gen guru may provide links for providing an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Web site 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 web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques (such as VeriSign, TrustSEAL) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, New gen guru cannot and does not confirm each user(s) purported identity (including, without limitation, VeriSign, Trust SEAL Members). New gen guru encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.

User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume 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 web site.

Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”.

User(s) agree that New gen guru shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify New gen guru (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. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use New gen guru database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

Intellectual Property Rights:

All other Trademarks and logos or registered Trademarks and logos found on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of New gen guru or such third party that owns the Trademark displayed on this site.

New gen guru and its logos are our Trademarks or registered Trademarks. Website content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with New Gen Guru Pvt Ltd and its affiliates or licensor’s of New gen guru ’s website content, as the case may be.

All rights not otherwise claimed under this terms and conditions or by NewGenGuru, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. New gen guru does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided on “as is” basis but with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall New gen guru be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

The information presented here has been compiled from publicly aired and published sources. New gen guru respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. New gen guru reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.

Trademark

All New gen guru Card related icons and logos are registered trademarks or trademarks or service marks of New gen guru in various jurisdictions and are protected under applicable copyright, trademark and Intellectual Property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Copyright

All content on this website is the copyright of New gen guru except the third party content and link to third party website on our website.

New gen guru is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace – who post literally tens of thousands of trade leads for items on the website each day – have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. New gen guru is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, New gen guru is not endorsing a claim of infringement. Neither, in those instances in which New gen guru declines to take down a listing, is New gen guru determining that the listing is not infringing, nor is New gen guru endorsing the sale of goods in such cases. New gen guru respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the “www.newgenguru.com” ) for the purpose of online transaction, re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with New gen guru , or otherwise commercially exploiting the New gen guru content. Systematic retrieval of New gen guru content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from New gen guru is prohibited. In addition, use of the content for any purpose not expressly permitted in this Term of use is prohibited and may invite legal action. As a condition of your access to and use of New gen guru ’s services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. New gen guru reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the New gen guru service, or if New gen guru believes that user(s) conduct is harmful to the interests of New gen guru , its affiliates, or other users, or for any other reason in New gen guru ’s sole discretion, with or without cause.