The use of this Site is subject to, and constitutes acknowledgment and acceptance of, the "Terms". It is mandatory for all Users of the Site and the Platform to have read carefully, fully understood and be in total agreement to the Terms before they proceed to use any of the Services offered on the Site and Platform by the Company. The Services are available only to those individuals, firms or companies who are of legal age and can form legally binding contracts and have the authority to enter into this Agreement. The Company may amend these Terms at any time by posting the amended version on theSite or Platform. Such amended version shall automatically be effective upon its posting on theSite or Platform.
The Company, at this stage, offers various Services to Users, some of the Services are free and offered to all Users who register on the Site and/or Platform and additional Services are offered to Users who subscribe for the different plans offered on the Site and/or Platform by the Company (“Subscription Plans”). The Services offered under the Subscription Plans depend upon whether the User has subscribed for monthly or annual plan, whether the User is as an Individual or a business and whether the User is a single or multiple user. The amount of Subscription Fees payable may be fixed or may vary depending upon the Services that may be introduced by the Company.
Users include individuals of legal age and firms or companies who can form legally binding contracts, have the authority to enter into this Agreement and who register on the Site or the Platform in order to use the Services offered therein. To become a User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily log-in and log-out.
Upon accessing the Site and/or Platform, You will be prompted to choose whether You wish to register as Vendor or Buyer or both. Upon clicking on the tab You will be able to register by filling an on-line registration form on the Site or the Platform by giving desired information (name, contact information, details of its business, category of business etc.) and create an account ("Account") upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Users will be responsible for the content of all the messages communicated through the Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.We may verify such information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. Your failure to provide us correct and true information at the time of registration or any time post that do so shall constitute a breach of the Terms which may result in immediate termination of your Account.You shall keep Your information updated and will inform Us immediately should any portion of Your information be revoked, is cancelled or expires.
You consent to be contacted by the Company through phone calls, SMS notifications or any other means of communication, in respect to the Services provided by the Company.
Youmay use this Site and/or Platform as follows:
Your use the Site and/or Platform and the Services being offered to you will depend upon whether you are using the Site and/or Platform for free or have you subscribed to the various Subscription Plans offered by the Company. You may use the Site and/or Platform, inter alia, for the following activities:
Manner of Using of the Site and/or Platform
Role of the Company
The Site and/or Platform, Services offered therein and the information contained therein are provided on an "as is" and "as available" basis, without 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 and non-infringement.
You are solely responsible for any and all acts or omissions taken or made in reliance on the Site, and/or Platform or the information therein, including inaccurate or incomplete information. It is expressly agreed that in no event shall the Company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the Company has been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers, internet service providers orthe system.
You acknowledge that Users have access to the Site and/or Platform and are receiving our Services. Such Users have committed to comply with Terms set out with them and our policies and procedures concerning use of the Site and/or Platform, however, the actions of such Users are beyond our control. Accordingly, We do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the Site and/or Platform resulting from any Users’ actions or failures to act.
While it is our objective to make the Site and Platform accessible at all times, the Site and/or Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Site and/or Platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to the Site and/or Platform may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Company shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension or termination of the Site and/or Platform.
We expressly disclaim any liability for the consequences to You arising because of your use of the Site, the Platform or the Services. We expressly disclaim any liability for any incorrect information provided to you by any User and for any failure of the User to complete the assignment on time or the quality of the Products offered by the User or the payment/non-payment of the consideration for the Products so offered.
We do not warrant that your use of the Site and/or Platform and the Services under these Terms will not violate any law or regulation applicable to you.
The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Site. The Company 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 Site does not violate any third party rights; and Company makes no representations or warranties of any kind concerning any Product or Service offered or displayed on the Site.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its 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 any User from the Company or through or from the Site shall create any warranty not expressly stated herein.
Limitation of Liability
In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any
Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or Services delivered through the Site and/or Platform 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, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Notwithstanding the above, in the event the Company should have any liability to you or any third party for any loss, harm or damage, you and the Company agree that such liability shall under no circumstances exceed the value of any Fees received by the Company from you in the preceding twelve months in connection with use of the Site and/or Platform or INR 5000 whichever is lower. You and the Company agree that the foregoing limitation of liability is an agreed allocation of risk between you and the Company. You acknowledge that without your assent to this section, the Company would not provide access to the Site and/or Platform and Services, to you.
Each User hereby agrees to indemnify and save the Company, 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 such User's use of the Site and/or Platform (including but not limited to the display of such User's information on the Site and/or Platform) or from its breach of any of the terms and conditions of this Agreement.
The Company 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 the Company in asserting any available defences.
If you have a dispute with one or more Users, you forever release the Company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site and/or Platform or any submitted User information.
Intellectual Property Infringement Take Down Procedure
The Company has high regard for intellectual property and expects the same level of standard to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Site and/or Platform to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Site and/or Platform in a way that constitutes copyright infringement and/or trademark infringement and/or design infringement, please send the following information to us at help@________.com
All logos, brands, trademarks, registered marks ("Marks") appearing in the Site and/or Platform are the properties either owned or used under license by the Company and / or its associates, except those of the Users. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company /its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
This Agreement and any dispute or matter arising from incidental use the Site and/or Platform is governed by the laws of India and subject to the exclusive jurisdiction of the courts at Delhi, India, subject to the Arbitration Clause. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Site and/or Platform or its Services or the information to whih it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Email Id: Mayank.firstname.lastname@example.org
Last updated: 16-03-2018
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