Terms of Use

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 and Terms of Use for access or usage of Fastenko.com website and associated web pages.

The domain name Fastenko.com (hereinafter referred to as "website" or “Fastenko.com”).

 

Welcome to fastenko.com. This website is owned and operated by Clinchko Fastening Systems

Fastenko.com intends to inform its users of the various benefits, services, information, online & offline shopping, articles, news, events, advertisements, etc. related to fasteners, C parts , engineering & Industrial products, turned parts, plastic parts, rubber parts, lubricants, special customised parts as per customer drawings , authorised branded products of engineering & industrial use like screws, bolts, washers, nuts, special turned parts as per drawings. The site seeks to promote an online & offline shopping for mentioned products among its users. For the convenience of the users the various activities mentioned in the website are categorised into various classes. We reserve the rights to modify any such classification, alter remove or add various classes and make any changes to the content provided in our website at our sole discretion.

Fastenko.com may choose to add/edit/delete any products categories or style without any prior notice to users.

Your use of the website, associated services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the website, you shall be contracting with Fastenko.com and these terms and conditions including the other policies on our website shall govern all the interactions between you and Fastenko.com.

For the purpose of these Terms of Use, wherever the context so requires "you" or "user" or any grammatical variations of the “you” or “user” shall denote any natural or legal person who accesses our website notwithstanding whether or not he chooses to make use of any of our services or tools. The term “buyer” shall denote any user who uses our website to buy or tries to buy any Fastenko.com product (and not any product/service enlisted by our users).

When you use any of the services provided by us through the website, via email, telephone or any other means of communication, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as a part of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by FASTENKO.COM’s Policies (including but not limited to Privacy Policy, shipping policy, refund and cancellation policy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website. FASTENKO.COM reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to FASTENKO.COM’s notice or if it is discovered that you are under the age of 18 years.

Your Registration and User Account

Users of our website are allowed to have a membership with us free of any charges. If you use the website, you shall be responsible for maintaining the confidentiality of your Display/Profile Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently. You agree that if you provide any information that is untrue, inaccurate, not correct or incomplete or if we have any reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit or debit card number), you must promptly change your password and notify us the problem through appropriate channels.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to our Site.

Communications

When you use the website or communicate with us through other media like telephone, electronic chats etc., you agree and understand that you are communicating with us through electronic records and you consent to receive communications from us periodically and as and when required. We may communicate with you by email, through short messaging services on your phone or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that users utilize to meet and interact with one another for their transactions. FASTENKO.COM is not and cannot be a party to or control in any manner any transaction between the Website's Users.

FASTENKO.COM as a Forum

FASTENKO.COM also allows users to write articles pertaining to engineering & Industrial products. The users shall be able to edit/delete any item posted by them.

Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

FASTENKO.COM does not screen or edit messages posted in message boards, comments made by users on our WebPages or any other user-created content. However, FASTENKO.COM reserves the right to monitor said content and to remove any objectionable material at any time, in our sole discretion. By viewing and/or participating in message boards, chat rooms, blogs, or any other services provided by FASTENKO.COM, you acknowledge that you may encounter material that you find offensive. FASTENKO.COM disclaims any responsibility for said material.

FASTENKO.COM does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website by users. FASTENKO.COM does not accept any liability for any deficiency in service or products enlisted by a user.

FASTENKO.COM is not responsible for any non-performance or breach of any contract entered into between users. FASTENKO.COM cannot and does not guarantee that the concerned users would conclude any transaction they agree upon through our forum. FASTENKO.COM shall not and is not required to mediate or resolve any dispute or disagreement between users.

You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

You release and indemnify FASTENKO.COM and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the website and specifically waive any claims that you may have in this behalf under any applicable law.

User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including foreign exchange control laws or regulations for the time being in force.

By participating in any service of Fastenko.com, you agree not to:

1. Attach files to messages that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another
2. Participate in such a way as to undermine the operation of FASTENKO.COM or any allied services we provide

i. Use a message board, chat room, blog, or other service to harass others

1. Use FASTENKO.COM to disseminate any inaccurate, misleading, inappropriate, defamatory, libellous, threatening, infringing, obscene, or unlawful material or information.
2. Reveal personally identifiable information about another member, including but not limited to real name, address, and phone number, without that member's specific permission
3. Violate any copyright law, or other intellectual property law,

ii. Violate any provision of law

iii. Engage in computer activity which might prohibit other users from availing our services, commonly known as a Denial of Service attack

1. Promote the violation of this agreement
2. Indulge in transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" to any of our users.
3. Post any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

iv. Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.          

It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

Buying Products from FASTENKO.COM and Payment

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, FASTENKO.COM does not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
  FASTENKO.COM will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. FASTENKO.COM does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to you.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to the Government. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

You have specifically authorized FASTENKO.COM or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with FASTENKO.COM is on a principal to principal basis and by accepting these Terms of Use you agree that FASTENKO.COM is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on FASTENKO.COM's Website.

You understand, accept and agree that the payment facility provided by FASTENKO.COM is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the FASTENKO.COM Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, FASTENKO.COM is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

FASTENKO.COM reserves the right to impose limits on the number of Transactions or Transaction Price which FASTENKO.COM may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

FASTENKO.COM reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with FASTENKO.COM or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

FASTENKO.COM may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of FASTENKO.COM. As a result of such check if FASTENKO.COM is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

FASTENKO.COM may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if FASTENKO.COM deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, FASTENKO.COM may hold Transaction Price and remit Transaction Price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.

Buyer's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Privacy Policy and Other Policies

We view protection of your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, 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. If you object to your information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on Fastenko.com or with third party merchant's or third party merchant's website.

Other than privacy policies, other policies mentioned by us on our website including but not limited to returns policy, shipping policy, refund policy etc. are part of the “terms of use” and shall govern any interactions between users and us. All users are expected to get acquainted with all such policies before making use of our website/any of our services.

Compliance with Laws:

Buyers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and FASTENKO.COM Website.

Trademark, Copyright and Restriction

All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, are a commercial use for the purposes of this clause.

   Notwithstanding the generality of the foregoing, no user shall not make commercial use of any of the following brand-names , logo’s , trademark without explicit written permission from Fastenko.com:

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website  or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization’s or entity’s written permission.

1) Fastenko

2) Fastenko.com

FASTENKO.COM reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, FASTENKO.COM may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceives, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Language:  We have used online language plug in for the convenience of user to help them understand in their own language. This is not 100% verified correct by Fastenko.com, please use language only for guidance. English version is the correct one & rest other languages on our website is just meant for guidance to help users. Please ignore where translations are not correct as they are beyond our control & we are not responsible for such errors.

Indemnity

You shall indemnify and hold harmless FASTENKO.COM, its owner, licensee, 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.

Arbitration and Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Any controversy or claim arising out of or relating to this Agreement or FASTENKO.COM services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Gadag shall have jurisdiction in all such cases. 

Limitation of Liability

IN NO EVENT SHALL FASTENKO.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.