Terms & Conditions

TERMS OF SERVICE

Welcome to Actinium.in, which is an online marketplace that allows the buyers and sellers of digital assets such as Websites, iOS App, Android App, Domains etc, to list their assets for sale on the platform, to meet, communicate and negotiate and transact between each other through this platform.
ACTINIUM also allows firms engaged in services such as website development, app development, digital marketing etc. to list themselves on actinium.in in order to enhance their reach and to establish connectivity with their potential clients.

The word ‘Services’ mentioned in these Terms of service and any other content on Actinium include any or all of these.

Actinium provides any and all Services such as:-
Listing your digital asset on the platform, communication between buyer and seller through the discussion forum, making and accepting payment through actinium, listing various service provider firms and any other service concerned with actinium which a person may use while accessing the website actinium.in.
By accessing the Website and using any of the Actinium Services, you agree to be bound by these terms of service. Please read them carefully before using Actinium and any of its service.

1. PRIVACY

Please review our Privacy Policy and Cookies & Tracking Policy, which also govern your use of the Actinium Services, to understand our practices.
Actinium will collect your personal information including your name, contact details, and payment details (including, without limitation, credit card details). All personal information will be handled, used, maintained, and disclosed by Actinium in accordance with all applicable privacy laws and data protection laws as well as our Privacy Policy which applies from time to time. By using Actinium, you warrant to Actinium that you will comply with all privacy laws and data protection laws (including, without limitation, the right to privacy as a fundamental right under Article 21 of the Constitution) in relation to the storage, use, and transfer of personal information.

2. COPYRIGHT AND OTHER RIGHTS

All content included in or made available by Actinium, such as text, graphics, logos, button icons, images, videos and other data is the property of Actinium and is protected by Indian and international copyright laws.

You are only allowed to use the above mentioned content to the extent which is necessary for you to use actinium services and the usage must be in accordance with the terms of service, otherwise you cannot copy, extract, utilize or reutilize any content of Actinium including, without limitation, any listings, descriptions, prices and account information without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Actinium services and its content without our express written consent.

3. ELECTRONIC COMMUNICATION WITH ACTINIUM

When you use Actinium and send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Actinium are trademarks of Actinium. Actinium trademarks may not be used in connection with any product or service that is not Actinium’s, in any manner that is likely to cause confusion among customers or in any manner that degrade or dishonour Actinium.
All other trademarks not owned by Actinium that appear in the Actinium website are the property of their respective owners, who may or may not be connected with Actinium. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Actinium without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Actinium names or trademarks without our express written consent.

5. YOUR ACTINIUM ACCOUNT

By registering and creating an account with Actinium, you declare and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you declare and warrant that you have the authority to legally bind that entity.

One entity/person can have only one Actinium account unless it is authorized by actinium through any of the means of communication that Actinium uses.

You will be held responsible for all the activities that occur under your account regardless of whether the activities are undertaken by you or anyone else authorized by you.

After the account is created you are responsible for keeping your account and password confidential, Actinium is not responsible in any manner whatsoever for any unauthorized access to your password or account.

If you have any reason to believe that your password has lost its confidentiality and someone else might be using your account, then you should immediately inform actinium.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by
(i) Suspending your account
(ii) Terminating your account
(iii) Removing or editing content you post using your account.

The action we decide to take and any notice you may receive will vary depending on Actinium, the circumstances, and our assessment of relevant factors.

6. ID VERIFICATION

Whenever it is mentioned in Actinium that the buyer and seller is ‘verified’, it only means that the buyer or seller has completed the relevant verification process and nothing else.

This description does not guarantee or in any way endorse the trustworthiness, safety or suitability of the said person/entity, their background and their identity.

To register with Actinium as a buyer and seller, you may be asked to provide proof of identity or other methods of identity verification.

You agree to provide Actinium or any third party which provides services to Actinium with all identification documents (including but not limited to, copies of passports and/or government-issued driver’s license) which Actinium requests from you from time to time for the purposes of verifying your identity.

7. INTELLECTUAL PROPERTY RIGHTS

When you submit and upload your content on Actinium you must ensure that (i) you own the content and possess all the rights to publish and post the content on our website, (ii) the content is authentic and accurate, (iii) content is in accordance with our terms of service, (iv) is not in any way a violation of any prevalent Intellectual property protection laws.

Unless it is stated otherwise, by posting or submitting your content on Actinium, you grant Actinium, a royalty free, fully transferable, non-exclusive, fully sublicensable rights to use, reproduce, publish, adapt, modify, publish, distribute any such content throughout the world in any media form or manner.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Actinium, at our request.

You agree to indemnify Actinium for all claims brought by a third party against Actinium arising out of or in connection with the content and material you submit to Actinium or publish in the platform.

8. LISTING RULES

The following assets may be listed for sale on Actinium :-

(a) all detail and reference to files contained in a website or an application, including but not limited to, the HTML, the code base, other source code, logos, images, music, animation, brand name, trademarks, copyrights, intellectual property films and other media, licenses and other works associated with the website or the application;

(b) any rights and obligations in relation to an agreement with a third party relating to assets which may include, but is not limited to domain agreement, hosting agreements, payment provider agreements, seller agreements, legal agreements, employment agreement, and any other agreements required for running the business.

(c) all rights to a domain name of the business for the time stipulated in the agreement

(d) any other documented asset including inventory or other agreement critical to the sale and ongoing concern of a business,

(e) any other particulars

When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and keeping your listing information up to date at all times.

You warrant and represent to Actinium and to each buyer that:

(a) you own the asset or are entitled to sell the asset;

(b) you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the asset,

(c) the asset is transferable to a buyer; and

(d) any and all agreements with third parties are transferable to the Buyer.

You must not create a listing for an asset which is:

(a) is obscene, vulgar and/or deemed by Actinium to be offensive;

(b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;

(c) is engaged in activities which contravenes law of any territory; or

(d) Actinium deems inappropriate or in breach of these Terms.

9. LISTING TYPES

Actinium lists only following type of digital assets on its platform:

1. Websites

2. iOS App

3. Android App

4. Domains

5. Service Provider Firms

Any other type of listing will not be in accordance with the terms of Actinium.

10. EXCLUSIVITY OF ACTINIUM AND RIGHT TO COLLECT SUCCESS FEE

The listed asset which has an asking price of more than Rs 5,00,000 you agree that you will promote and/or sell that asset exclusively using the Actinium Services. For the period in which your listing is live on the Website and for 90 days from the date you remove your listing, you guarantee that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of Actinium.

If Actinium discovers that you have been in violation of this terms, you give Actinium the authority to immediately suspend your listing and terminate your account and may, take action against you to recover a Achievement fee.
You must conduct all inquiries into and discussions about a listed asset, through the Website unless expressly authorized by Actinium. You must not bypass Actinium. If you make or accept payment for a listed asset, Actinium is entitled to a success fee. If Actinium is unable to recover its Achievement fee from the seller, the buyer is liable to pay the Achievement fee.

11. OUR FEES


11.1 Listing Fee

A listing fee will be charged from you when you list an asset for sale. You will be charged a fee whether or not the listed asset sells. Listing fees are non-refundable. For current fees, pleasse see Actinium Pricing Page.


11.2 Achievement Fee

If the listed asset is sold successfully through Actinium, you agree to pay Actinium a success fee which is calculated as a percentage of the total transaction value or final sale price paid by the buyer for your listed asset (including any applicable taxes). Our success fee is non-negotiable and non-refundable. Actinium has the right to change the achievement fee at any time, a specific notice will be given to all the registered users of Actinium through our official mail.
For current fees, please see our Actinium Pricing Page.

12. DUE DILIGENCE

Actinium does try to make the information it displays to its users as accurate and authentic as possible however we can make no promises, no guarantees, no claims regarding the authenticity, accurateness of the contents of any listing and we expressly disclaim any liability for errors and omissions in the content of any listing.
No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, is given with respect to the contents in any listing.
Actinium is not a legal advisory or business advisory service and do not assume or try to tell or suggest which business decisions to make. You understand and acknowledge that there is a risk factor involved in the purchase of a website or online business. We assume no responsibility and disclaim any liability for your investment or business results.
Buyers and sellers are advised to seek independent advice from a competent professional person if legal, financial, tax, or any other expert assistance is required.

13. PAYMENT PROCESSING

Actinium is not a payment provider and not an escrow service.
For the purposes of efficiently facilitating a transaction, any and all payment processing services through your use of the Actinium Services are provided to you by independent third-party service provider(s).
You hereby consent and authorize Actinium to share any information and payment instructions you provide with any third-party service provider(s).

14. REFUNDS

Actinium may refund an amount of paid by you if you are entitled to a refund in accordance with our refund policy or Actinium is required by law or considers that it is required by law to do so. Actinium will refund the amount through the same way through which you paid the amount or any other payment method which is presented by Actinium through independent third-party payment process provider(s) for its users.

15. COMMUNICATION ON ACTINIUM

The content communicated on Actinium between the platform and buyer/seller or between buyer and seller must not be, under any circumstance :-
(a) illegal, abusive, threatening, defamatory, personal, of any solicitous nature, invasive, personal, explicit, sexual, threatening to privacy, political

(b) unrelated to a listing or can be reasonably assumed to be unrelated to purpose of buyers and sellers

(c) an attempt to transact outside the Website,

(d) an attempt to unnecessary and without cause or reason defaming or attempt to defame the Actinium platform or passing any derogatory remark regarding Actinium

(e) infringing of intellectual property rights of others

(f) objectionable to third parties

We reserve the right (but not the obligation) to remove or edit any content at any time and for any reason in its sole and absolute discretion.
Actinium monitors all the discussion between buyers and sellers which is done through the Actinium discussion platform.

16. THIRD-PARTY LINKS

The platform may contain links to third-party websites or resources that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest or Google Analytics).
When you access these third-party services, you do so at your own risk and discretion. The third parties may require you to accept their own terms of use and privacy policies. Actinium is not a party to those agreements.
They are only and only between you and the third party.

17. PROHIBITED ACTIVITIES

You may not use Actinium:

(a) for any intent, purpose which is illegal or unlawful in nature

(b) in any manner which is not in accordance with the terms of service of Actinium

(c) in any manner which can be harmful or be invasive of any other user of Actinium

(d) in any manner which is harmful or deemed to be harmful for Actinium

18. ACTINIUM’S ROLE

Actinium is an online platform where third-party sellers can list and sell their digital assets using Actinium services.
Actinium do now own, sell, control the digital assets which are listed on Actinium.
While Actinium helps facilitate transactions that are carried out on the Website, Actinium is neither the buyer nor the seller on the seller’s assets.
Actinium provides an online platform for sellers and buyers to meet, communicate, negotiate and complete transactions.
All the dealing and the contract signed is solely between the buyer and seller, Actinium is not a party to the contract of selling digital asset, between buyer and seller, nor Actinium assumes any responsibility arising out of or in connection with it nor it is the seller’s or buyer’s agent.
Actinium only provides the information relating to the service provider firms engaged in providing services which may be of significance to our actinium users. However, Actinium makes no claims regarding the truthfulness of the claims made by these firms and any user should conduct his own due diligence before contacting with these firms regarding any potential project. The users must contact with the firms on their own with the information provided in the listing. Actinium has no responsibility whatsoever in any dealing, communication, transaction, results, payments, entry into contracts etc which the users and the firm have with each other.
Actinium is only a platform providing the firms and users to know about each other’s existence and nothing else.
If the users choose to interact with these firms or to use their services in any manner whatsoever, they should do so with full responsibility of their own and not hold actinium responsible for any liability, losses etc arising out of their dealings with these firms. Actinium is not responsible for:

(a) the existence, and legality of a listed asset;

(b) the correctness, authenticity, completeness of the information listed regarding any digital asset listed for sale

(c) the future performance of any listed digital asset;

(d) the performance or conduct of a buyer or seller or third-party on the Website or any third party which is in connection with Actinium or the buyer or seller.

Actinium only displays a summary description of any asset.
It is your sole responsibility as a buyer to conduct proper due diligence and to verify the claims made by the seller and to properly check and verify any and all information provided by the seller in relation with the digital asset listed on the website.
Before making a decision to purchase it is advised to the buyers that they should make that decision purely on the basis of their own investigation and that of your legal, tax, financial and other advisors.
To help facilitate a safe, secure transaction and to preserve the integrity of Actinium, we make available a template sale contract for use by buyers and sellers.
The providing of template sale contract should not be in any way considered as an advice whether legal or financial.
You acknowledge that you use these documents at your own risk.

Actinium recommends all parties seek their own independent legal advice in relation to the documents.

19. DISCLAIMER AND LIABILITY

Actinium disclaims any liability and does not give warranty of any kind in respect of any of our services, unless it is specified in writing, including without limitation any representation or warranty, that the services provided by Actinium will have no issues regarding availability, will remain error free and uninterrupted and will be suitable at all times and will have no viruses or any issue of harmful components.

Actinium will not be responsible for :-

(a) any loss incurred due to unavailability of Actinium or your inability to use Actinium due to any reason

(b) any loss for which is not directly caused by Actinium, or any loss for which Actinium cannot be directly blamed for

(c) any future loss incurred from the digital asset purchased through Actinium

(d) any loss arising out of responsibility of Actinium for which Actinium failed to fulfil its responsibility because of reason(s) which is/are beyond the reasonable control of Actinium

For any other loss relating to the Actinium, we limit our liability to the amount you have paid to us.

20. INDEMNITY

You agree to indemnify and hold Actinium, its employees and its affiliates and their employees, harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

(a) your violation of any term(s) of Actinium Terms of Service;

(b) your use of our Website, our services and assets purchased through Actinium;

(c) Actinium’s use of your content;

(d) your violation of the rights of any third party, including another seller or buyer.

21. RESPONSIBILITY REGARDING UNFORESEEN CIRCUMSTANCES

You agree that Actinium will not be held liable or responsible for any violation of these Terms of service, if such violation has arisen or can be reasonably assumed to arisen out of:

(a) fire, earthquake, storm, flood, extreme weather, cyclone or any other act of God, war, terrorism, explosion, sabotage, hacking, industrial accident or strike;

(b) any technical failure faced by Actinium due to unforeseen excessive demand, or failure on part of any third party affiliations

(c) any other circumstances or events that are beyond the reasonable control of Actinium as may depend on the case.

22. APPLICABLE LAW

The laws of India govern these Terms and any dispute of any kind that might arise between the parties whether related to these terms of service or not, will only be adjudicated in the courts of India.

23. DISPUTE RESOLUTION

In an event of a dispute between a buyer and seller, Actinium recommends that both the parties should first try to resolve the dispute through communicating via Actinium discussion forum, Actinium can help the parties to arrive at a solution if the action suggested by both the parties is legally allowed for Actinium to do.
If a buyer and seller cannot come to an agreement on a dispute, Actinium recommends that legal advice is sought to resolve the matter.

24. NOTICES

Actinium may give notice by means of a general notice on the Website, electronic mail to the email address on your account, text message to any phone number provided in connection with your account. Such notice shall be deemed to have been given upon the expiration 12 hours after sending (if sent by email or text on Phone). You may give notice to Actinium at any time by mail, with such notice deemed given after 6 hrs when received by Actinium.

25. ASSIGNMENT AND WAIVER

Actinium holds its rights or transfer obligations that arise under these Terms. You must not assign, transfer your rights or obligations under these Terms without the prior written consent of Actinium.

26. AMENDMENTS

We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time by posting the changes on our website. Your continued access to or use of the Website or its services will be regarded as your acceptance of the revised Terms.