User Agreement



Your use of the SPD website, which is owned and controlled by Altair Management Consultants {Including www.sourceprocuredeliver.com (hereinafter referred to as "the Website" or “SPD”) and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles where the SPD website is integrated by our subsidiaries and international affiliates.

If you transact on any SPD website other than the Domain www.sourceprocuredeliver.com you shall be subject to the same policies that are applicable to the SPD sites for such transactions. This User Agreement for the Website shall come into effect on 1st of January 2012 ("User Agreement"). You are contracting with Altair Management Consultants,Company incorporated under the United Arab Emirates Companies Act with registered office at P.O. Box 44723, Dubai, U.A.E. These terms and conditions constitute your binding obligations towards the contractingentity (hereinafter referred to as “SPD”.)

For the purpose of the User Agreement, Registered User / and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”).

As a new Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and SPD Shipping Terms and Conditions please do not click on the "check box " and on the ”continue” button and do not seek to obtain access to or otherwise use the Website.

You agree, understand and acknowledge that the Website is an online shopping platform, a venue enabling the users to buy any product listed by the registered Affiliates on SPD at the price indicated on the terms and conditions indicated therein at any time from any place. You also understand that SPD only facilitates the process of procurement and delivery through their associates and partners. It needs to be clearly understood from all legal stand-points that, SPD is only a facilitator or service provider ensuring that the procedures from purchase to delivery is controlled, monitored, tracked in a systematic manner and that all third-party service providers contracted with SPD follow a process.

The SPD Portal operates as an extremely process driven ‘system’ where tasks are automated to an extent where human intervention is limited to the areas of order processing, data entry and milestone management. Several checks and balances are in place to avoid a system breakdown. In order to ensure an error free communication system SPD has designed and developed an in-house program that herein after is called the ‘system’.

You agree and undertake that you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. SPD is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable.
All items are offered only for a restricted time and only for the available supply/till stock lasts. SPD accepts no liability for any errors or omissions, whether on behalf of itself or third parties. All orders shall be pre-approved with an acceptable method of payment as established by SPD which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. After the receipt of payment from the Buyer, SPD shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway. Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

Amendments: SPD may amend this User Agreement and/or SPD Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via SPD Website’s Bulletin Board (hereinafter referred to as a “BB Post”). The revised version will be effective at the time SPD posts it on the Website / BB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, SPD will provide you with 30 days' prior notice of such Substantial Change/s by an BB Post or as per the Notification Preferences provided by You to SPD. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in SPD Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By accepting this User Agreement, the User has also accepted and agreed to be bound by SPD Rules and Policies as provided from time to time in the following hyperlinks:

1. SPD’s Terms and Conditions for Shipping.
2. SPD’sPrivacy Policy.

Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, User also agree that your use of respective country’s SPD website by the user agreement, privacy policy and other rules and policies posted on those websites.


1. Membership Eligibility

Use of the Website for Indian Citizens 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 member of the Website and shall not sell, place order, source, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase, source or sale may be made by your legal guardian or parents who have registered as users of the Website. SPD reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to SPD’s notice or if it is discovered that you are under the age of 18 years. If you are citizen outside India, then the governing laws of the Dubai, United Arab Emirates are applicable in respect of Membership Eligibility.

    1.1. Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

2. Your Account and Registration Obligations

If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to:

  1. Provide true, accurate, current and complete information about yourself as prompted by SPD's registration form (such information being the "Registration Data")

  2. You must not include any of your contact details such as email addresses etc in your User ID; and

  3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or SPD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SPD has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.

  4. When you agree to use the services of SPD, through their associates and partners either as a procurement provider , payment facilitator, or a logistics provider, you take complete responsibility of the goods that you are purchasing from the supplier and it is your responsibility to carry out the required due diligence before you enter into a payment agreement with the concerned supplier. While providing door-to-door services, SPD is only a facilitating and co-ordinating the process of delivery from Point A to Point B. Nowhere does SPD accept liability for any claims whatsoever, arising out of disputes and conflicts in either interpretation of the service, or SPD’s action in carrying out the services.


3. Electronic Communications

When You use the Website or send emails or other data, information or communication to SPD, You agree and understand that You are communicating with SPD through electronic records and You consent to receive communications via electronic records from SPD periodically and as and when required. SPD will communicate with You by email or by an BB Post notice or electronic records on the SPD Website which will be deemed adequate service of notice / electronic record.

4. Fees and Services.

Membership on the Website is free. SPD does not charge any fee for browsing on the Website. SPD may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SPD reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to SPD within such time as specified in the invoice, if you were to avail of it.

    4.1 Taxes: You are responsible for paying all fees/ taxes associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.


    4.2 Non-payment: In the event of you availing a particular service, that entails the payment of a fee/taxes and in the event that you refuse to pay, SPD reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees/taxes by you to SPD. SPD also reserves the right to take legal action in case of non-payment of fees/taxes by you to SPD.


5. Use of the Website

    5.1. You understand and agree that SPD and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by third party user generated contents. SPD neither originates nor initiates the transmission. SPD has no control over the third party user generated contents.

    5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
  1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration or buying process, in the feedback area or through any e-mail feature.

  2. Your Information (or any items listed):

    1. shall not be false, inaccurate or misleading;

    2. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

    3. shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

    4. shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
    5. ;
    6. shall not contain any viruses, 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;

    7. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

  3. Solely to enable SPD 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, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SPD will only use Your Information in accordance with the User Agreement and SPD’s Privacy Policy.


  4. In the event that any transaction or attempted transaction relating to any item, goods or services which  violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform SPD of the same. You may contact SPD at cs@sourceprocuredeliver.com.


  5. You shall comply with all applicable Domestic Local 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, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and purchase of items 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 exchange control laws or regulations for the time being in force.


6. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers that maybe located in the India, Dubai – UAE, USA and other countries that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at Privacy Policy . If you object to your Information being transferred or used in this way please do not use the Website.

7. Breach

Without limiting other remedies, SPD may limit your activity, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
 

  1. If you breach the User Agreement or the documents, agreements rules, policies, terms and conditions these incorporate by reference;


  2. If SPD is unable to verify or authenticate any information you provide; or


  3. If it is believed that your actions may cause legal liability for you, other Users or SPD. SPD may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with SPD or use the Website in any manner whatsoever until such time that such User is reinstated by SPD. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, SPD reserves the right to recover any amounts due and owing by you to SPD and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.


8. Feedback

We encourage Users on the Website to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with SPD. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. SPD will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or abusive/offensive/obscene contents.

You may not take any actions that may undermine the integrity of the feedback system. SPD reserves the right to initiate legal action against you, suspend your membership, and you will be unable to access the Website.

9. No Warranty

SPD and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

10. Limitation of Liability

In no event shall SPD or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). Damage or Loss of the consignment is covered by us subject to the terms and conditions as described in our shipping Terms and Conditions.


SPD, its associates, affiliates and service providers and technology partners make 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. Consequently, SPD assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or which are incorporated by way of reference in this Agreement.


  2. Any interruption or errors in the operation of the Website.


  3. You expressly understand and agree that SPD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SPD has been advised of the possibility of such damages).


11. Indemnity

You hereby indemnify and hold harmless SPD and (as applicable) SPD’s subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim of whatsoever kind, 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 the User Agreement, SPD Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

12. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SPD and you shall have no authority to bind SPD in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of SPD to Altair Management Consultants, PO Box – 44723, Dubai, U.A.E. (in the case of SPD) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and SPD with respect to the subject matter hereof.

In SPD’s sole discretion, SPD may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that SPD assigns the Agreement on the same terms or terms that are no less advantageous to you.


13. Applicable Law and Jurisdiction

These terms and conditions shall be construed in accordance with the laws of the Emirate of Dubai, United Arab Emirates, by registering as a member, you agree that the laws of the Emirate of Dubai, U.A.E. without regard to the conflicts of laws principles thereof, will apply to all matters relating to your membership and use of the services. You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Emirate of Dubai, U.A.E. in respect of any dispute arising out of and/or in connection with these terms and conditions.

This electronic record is generated by a computer system and does not legally require any physical or digital signatures.