PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
The following demonstrates terms and conditions of use applicable to Your use of www.offersengine.com, which promotes business between suppliers and buyers globally. It is an Agreement between You as the User(s) of the Website and www.offersengine.com. You can read our “Privacy Policy” by clicking here.
Before you subscribe to and/or begin participating in or using the Website, www.offersengine.com believes that User(s) have fully read, understood and accepted the Agreement.
[A]. Defined Terms
Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
“Agreement” shall mean and include the User completed application form, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that www.offersengine.com may in its absolute discretion add to the Website from time to time. It shall deem to have been executed at Ahmedabad, Gujarat, India.
“Banner” means a service offered to a User wherein a graphic image is placed on the Website and used to advertise the product(s) and/or service(s) of the User and this graphic image is linked to the User’s own Website.
“We – Our – Ours – Us – Ourselves” means www.offersengine.com, a firm named as “www.offersengine.com” incorporated under the (Gumasta Dhara) and having its registered office at F/201, Pramukh Avenue, B/h. Shyam Shikhar Complex, India Coloney Cross Roads, Bapunagar, Ahmedabad, Gujarat, India. Zip Code- 380024 along with its unit for the Website called “www.offersengine.com” and where the context so requires, means and includes all www.offersengine.com’s associates and affiliate entities.
&ldqldquo;You – Your(s) – Yourself/Yourselves” means as per the context of the sentence or the point in this agreement for the User(s).
“Credit Report” is a paid service provided to a User to obtain information about another company or legal entity, including detailed analytical information about profitability, past and present trading analysis and ownership essentially with a view to analyze their credit rating and stability.
“Membership Starting Date” is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail, SMS on Mobile or conventional mail.
“Membership Termination Date” is the date when the User’s subscription comes to an end and/or the date mentioned in a letter of termination issued by the Company.
“One Page Website” is a platform wherein a User can showcase its/his products or services on-line by posting on the Website the photographs and ordering information of such product and/or service. “One Page Website” may also express the meaning – a service provided to a User wherein the Website provides storage, connectivity and related services necessary to host the Website of the User’s business.
“Party” or “Party (ies)” means the User(s) and/or the Company in reference to the context.
“Registration Information” is the information and database of all the particulars and information supplied by the User(s) on initial application and subscription, including but not limited to the User’s name, telephone number, mailing address, account and email address.
“Services” means the Services provided by Us to the User(s) of the Website and includes the following facilities:
Services to the User(s) wishing to post his contact details on “www.offersengine.com” and/or other such directory services published in print or in other media by us;
Services to the User(s) who wish(es) to advertise and gain exposure for their business through One Page Website, Website Hosting and/or Banners through wwwoffersengine.com;
Services to the User(s) who wishes to insert advertisements at www.offersengine.com;
Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp;
Services to the User who wishes to obtain ready to use global tender information of all major global and Indian tenders;
Such other or further services that may be provided by Us and/or www.offersengine.com from time to time on or out of www.offersengine.com.
“Website” means www.offersengine.com and includes any link which opens with the Website.
“Tenders” is a service provided by the Company whereby the User can access a database that contains the latest information on tenders floated by government and private organizations all over the globe.
“Trust Symbol” is a paid service offered to a User wherein the User permits Us to undertake verification of its credibility, reliability and trustworthiness in the market. &nbsnbsp;
“Visitors”: Persons, who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors”.
“Registered Members”: Registration means that the Visitor takes active, positive steps to communicate information to this website. Visitors or companies who voluntarily create their profile at this website having their unique LOGIN are termed as Registered Members.
“Paid Members”: Registered Members whose payment is accepted by this website are termed as Paid Members. Merely paying at our website is not enough; if this website doesn’t accept the payment, a registered member can’t be termed as Paid Member. After expiry of term of subscription, a paid member becomes Registered Member, if he does not renew his membership.
“Users”: Registered Members, Paid Members, Visitors and the Third Party are collectively referred to as “User” and/or “Users”. The term ‘User’ includes the User’s successors and authorized officials of the User’s business who have permission to use the Services on the Website on behalf of the User; Users that obtain a trial membership to use the Website and User(s) who visit the Website to use. Each User is given a unique User ID by the Website except the visitors.
“The Website Content” Any information and/or data published at the Website is Website Content. This may include, but is not limited to, its design, layout, text, images, graphics, video, web pages, hyperlinks, data posted by registered or un-registered users, offers, advertisements, etc. It may be Website’s content or content posted by Third Parties.
“Third Party Content” All the content provided or submitted by users and/or contributed by anonymous users or paid content providers at our website is termed as Third Party Content. This includes, but is not limited to, Company name, address, contact details, company profile information, trade leads, buy leads, catalogs, inquiries, paid write-ups.
“Third Party Rights” means that User(s) has granted an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to the Website to display and use all information provided by them in accordance with the purposes set forth in agreement 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 Website, 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 Website.
“ The Suspended Members” means the Users or others who are barred to use the Services of the Website temporarily and/or permanently as considering that the Suspended Member might have misused any one and/or more of Website’s Content, User(s)’ privacy, Third Party Content etc., have shared and/or misused and/or sold the registered (Trade Marked and/or Copyrighted contents) either of the Website and/or of the user(s)‘, and as the Website notices and/or informs them via mail, SMS on Mobile phone and/or via any kind of mailing services, whenever the Website deems it fit and appropriate.
“Transaction Risks” means all of the foregoing risks which contain User(s’) 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 Website. 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 and also the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website 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 Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products.
“SMS” is a short form of Short Message Service which can be used on accessible Mobile phones and this service is provided to the paid Member(s) of this Website. In this SMS, the member(s) shall receive inquiries related to their business from buyers and/or sellers and/or others which may be or may not be of their use. This service includes receiving messages on mobile phones from the Website for informing the events taking place by the Website under the User(s’) profile and/or outside of it.
If you do not agree to or wish to be bound by agreement, you may neither access nor use the Website.
Others: Words, Numeric, Phrases, Gender and Headings
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Website by the User or any provision hereof in any manner whatsoever.
[B]. TOPICS
GENERAL
USER(S) ELIGIBILITY
USER(S) AGREEMENT
AMENDMENT TO USER(S) AGREEMENT
INTELLECTUAL PROPERTY RIGHTS
LINKS TO THIRD PARTY SITES
TERMINATION
REGISTERED USER(S)
DATA PROTECTION
POSTING YOUR CONTENT ON WEBSITE
INTERACTION BETWEEN USERS
USER’S GENERAL BEHAVIOUR
SPECIFIC DISCLAIMER FOR SUCCESS STORY AND TRUST SYMBOL
LIMITATION OF LIABILITY/DISCLAIMER
NOTICES
OVERNING LAW AND DISPUTE RESOLUTIONS
MISCELLANEOUS
A. GENERAL
A1. Website plays the role as a mere web-based venue/platform for Our User(s) to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through the advertisements of the members onthe Website.
A2. 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 contract for sale or purchase negotiated between buyers and sellers. All transactions will be the responsibility of the members and/or user(s’) only. This agreement shall not be deemed to create any partnership, joint venture, agency, franchiser-franchisee, employer-employee or other joint business relationship between the Website and User(s) and /or any other party.
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B. USER(S) ELIGIBILITY
B1. User(s) must legally operate any business in India or in other countries, uses and has the right to use the services provided by the Website. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. 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 Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site.
B2. The Website likes to advise its Users that while accessing the Website, they must follow/abide by the related laws. The Website is not responsible for the possible consequences caused by your behaviour during use of the Website. The Website may, in its sole discretion, refuse to serve to anyone at any time. The service is not available to temporarily or indefinitely suspended members of the Website.
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C. USER(S) AGREEMENT
C1. This agreement applies to all User(s) who access the Website for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use this Website solely for their own personal or internal purposes.
C2. This Agreement applies to all the Website Services offered on the Website, collectively with any additional terms and condition that may be applicable to the specific Service used/accessed by User(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular Service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
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D. AMENDMENT TO USER(S) AGREEMENT
D1. The Website may amend this agreement from time to time without any prior notification to User(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must sTOP using the service. Your continuous use of the service will signify your acceptance of the changed terms and conditions.
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E. INTELLECTUAL PROPERTY RIGHTS
E1. The Website is the sole owner or lawful licensee of all the rights to the Website and its content. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with www.offersengine.com, its affiliates or licensor’s of www.offersengine.com content, as the case may be.
E2. All rights not otherwise claimed under this agreement or by www.offersengine.com, are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. The Website does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, 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. At no time shall the Website have any obligations or liabilities in respect of any contract taken place or otherwise by the sellers and/or buyers. The Website is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User.
E3. We do not accept any responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided “as is” and/or “as available” basis 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. On this Website, User may find other information of other User incomplete, inaccurate, deceptive, offensive or harmful. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). The Website shall not 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 at any time. User(s) of this Website must hereby acknowledge and accept that any reliance upon any Content shall be at their sole risk.
E4. The information presented here has been compiled from publicly aired and published sources. The Website respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. The Website 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, displayed on the Website. And the Website always requests its Users to provide the cent percent perfect photo or text of any Content of their respective product, logo and/or other things which are covered under copyright and/or trademarks of their respective countries, which includes color, text font, size, etc.
E5. User will get their individual User Name and/or Password which they may use for their personal use to look into their business inquiries received (if any) and also for changing, editing and/or deleting the information in their personal profile on the Website. For any registration, changing, editing and/or deleting information and/or any Content in their profile must be checked by Us and may not display at the same time. Everything will be kept under watch and verified and then judged by the Website, whether to display that detail on the Website or not. The Website will not give any reason whatsoever to the User for this. If the Website decides to display that details, the verification procedure may take unlimited time and the User cannot claim for the delay of displaying the same details.
Trademark: “Corporate Online”, “CorporateHome”, “Corporate Server”, “www.offersengine.com”, “Trust Symbol”, and related icons and logos are registered trademarks or trademarks or service marks of the Website in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publications of these marks are strictly prohibited.
Copyright: All the Contents on this Website are the copyright of the Website except the Third Party content and link to Third Party website on Our Website.
The Website 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 and the Website Content for the purpose of re-selling or re-distributing, mass mailing (via email, SMS, other wireless text messages, physical mail or otherwise), operating a business competing with the Website, or otherwise commercially exploiting the Website content. Systematic retrieval of the Website 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 the Website is strictly prohibited.
In addition, use of the Website Content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Website’s services, Users hereby agree that they shall not use the Website Service to infringe the intellectual property rights of others in any way. The Website 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 Website Service, or if the Website believes that User(s) conduct is harmful to the interests of the Website, its Users, or other users, or for any other reason in the Website’s sole discretion, with or without cause and/or notice.
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F. LINKS TO THIRD PARTY SITES
F1. Links to third party sites are provided by Us as a convenience to User(s) and the Website does not have any control over such sites i.e. content and resources provided by them. Third Party Links are completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
F2. The Website may allow User(s) access to Content, products or services offered by Third Parties through hyper links (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/disclaimers and/or privacy policies before using such sites in order to be aware of the terms and conditions of Your use of such sites. The Website believes that user(s) acknowledges and accepts that the Website has no control over such Third party’s site, does not monitor them, and shall not be responsible or liable to anyone for it. The Website suggests the User to make whatever investigation necessary or appropriate at the time of proceeding with any online transaction with any of these third parties.
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G. TERMINATION
G1. Most Content and some of the features on the Website are made available to the User(s) free of charge. However, the User allows the Website to reserve the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice to anyone. The Website also reserves the universal right to deny access to particular users to any/all of its Services/Content without any prior notice/explanation in order to protect the interests of the other Users. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
G2. The Website withholds the right to temporary or permanent termination of membership of any user for any of the following reasons and those Users may terminate their Membership upon a notice to the Website, and neither money nor anything (hard or soft copy of anything) will be refunded to these Users under such cases:
If it is found that the user(s) have provided any false information in connection with the member account to the Website, or are engaged in fraudulent or illegal activities.
The provided information by the User violates any applicable law, statute, or regulation and/or contains fraudulent information or makes fraudulent offers.
The user(s) breach any provision of this Agreement of Website.
If the User provides any information which may be a scheme to defraud other Users of the Website or for any other unlawful purpose to be defamatory, libelous, unlawfully threatening or unlawfully harassing.
Utilize Website to disturb any user(s’) privacy policy and/or to send spam messages (including SMS on Mobiles, E-Mails and voice calls) or repeatedly publish the same product information. User(s) agree that they will not use the Website 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.
Post any material to Users which is not related to international trade or business cooperation.
Impersonate or unlawfully use another name and/or other contents of other companies (which may be or may not be trademarked and/or registered under Copyrights of the respective countries) to post information or conduct business of any form.
Any unauthorized access, use, modification, or control of the Website data base, network or related services and/or to put any material into the Website systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Obtain by any means the Website member’s user name and/or password.
If the information displayed by the User on the Website which becomes obscene or contains or infers any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors.
If the user promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
If the User Links directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law.
G3. If the Website terminates User(s’) membership, User(s’) will not have the right to re-enroll or join the Website under the same or a new account or name unless formally invited to do so by the Website. In any case of termination, neither membership charges will be refunded nor will any document (hard or soft copy) or anything be provided to the User. User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree and accept that in no event shall the Website be liable to the User(s) or any Third Parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Services and/or the Website Contents.
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H. REGISTERED USER(S)
H1. To become a Registered User(s), there is a proper procedure which is for the convenience of User(s) so that they can easily log-in, log-out and display their advertisements.
H2. User(s) can become a Registered User(s) by filling an on-line (on the Website) and/or off-line (hardcopy of) registration form by giving desired information (name, contact information, details of its business, etc.). The Website will establish an account (“Account”) for the User(s) upon registration and assign a user alias (&quoquot;User ID”) and password (“Password”) for log-in access to Your Account. The Website may or may not assign User(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the Content of all the messages communicated through the Email Account, as well as the consequences of any such message.
H3. 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 to the Website 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.
H4. By becoming a Registered User, You consent to the inclusion of your personal data in our on-line database and authorize the Website to share such information with other user(s). The Website may refuse registration and deny the membership and associated User ID and Password to any user whenever it may deem fit for whatever reason. The Website may suspend or terminate a registered membership at any time without any prior notification in interest of the Website or general interest of its other Users without giving any reason thereof. Registered User is not a part or affiliate of the Website in any way.
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I. DATA PROTECTION
I1. The Company does not sell or rent the Users personal information to Third Parties for their marketing purposes without the Users explicit consent. For more information related to this please visit our privacy policy. If the User objects to any of this please do not use the Website.
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J. POSTING YOUR CONTENT ON WEBSITE
J1. Some of the Content displayed on the Website are provided or posted by Third Parties. User(s) can post their content on some of the sections/services of the Website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for using and/or operating some of these Services. Without having registered or paid to use and/or to operate this Service, will be considered as fraudulence, and the Website can without any prior notice or describing any reason whatsoever, delete or cancel that Content and/or that hyperlinks. The Website reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Website which it reasonably believes is unlawful, could subject the Website to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in the Website’s opinion. The Website 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.
J2. The Website in such case is not the author. The content here is contributed by anonymous, registered or paid User(s). Neither the Website 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. The Website 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, the Website is not responsible for the conduct of User(s) activities on the Website, 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:
(a) provide the Website the true, accurate, current and complete information to be displayed on the Website and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.
J3. User(s) hereby represent, warrant and agree that User(s) shall be solely responsible for ensuring that any material or information You post on and/or provide to and/or authorize the Website 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 the Contents displayed by them on the Website e.g. manufacture, offer, sale, importation and/or distribution of their products violates no Third Party Rights.
J4. User(s) hereby represent, warrant and agree that information submitted to the Website for display on the Website will not be related to any terms and conditions mentioned above under section
J5. If it will be found that it fails to fulfill any of the above conditions (G2), is surely liable to be served as mentioned under section J1.
J6. In connection with any of the foregoing, the Website may suspend or terminate the Account of any User as the Website deems appropriate in its sole discretion. User(s) agree that the Website shall have no liability to any User(s), including no liability for consequential or any other damages, in the event the Website takes any of the actions mentioned in this Section, and that you agree to bear the risk that the Website may take such actions.
The Website acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the Website. The Website does not have any role in developing the content.
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K. INTERACTION BETWEEN USERS
K1. Users hereby acknowledge and accept that the Website provides only an on-line platform to its user(s) to display advertise of their products and services. The Website does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. The Website 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 Website 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. The Website never uses any technique to verify the accuracy and authenticity of the information Our User(s) provide Us. So it is not possible in any case which- is 100% fool-proof, the Website cannot and does not confirm each user(s) purported identity (including, without limitation, Trust Symbol Members). The Website encourages User(s) to use -common sense, to evaluate the U-ser(s) with whom they would like to deal with.
K2. Users accept the Transaction Risks while interacting to other User(s) through the Website.
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L. USER’S GENERAL BEHAVIOUR
L1. User(s) agree that the Website 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 Website, 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 the Website (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 Website solely for their personal or internal purposes. 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.
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M. SPECIFIC DISCLAIMER FOR SUCCESS STORY AND TRUST SYMBOL
M1. Users hereby acknowledge and accept that the Success Stories mentioned on the Website are the personal and individual views and/or experiences or the writers of the same Success Stories. Results may vary case to case and persons to persons. The Website suggests its User not to be enticed by the Success Stories which are only tales, may or may not be real facts and this way, no claim will be entertained for loss or otherwise caused by copying the Success Stories in real life which may be harmful for the business or personal life of the Users.
M2. Trust Symbols never meant about the trustfulness or reliability of any User and/or Party. Users should use common sense before dealing with the Users who are given this Service. In no condition, the Website is liable to take any responsibility of the trust of the Users who use this Service
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N. LIMITATION OF LIABILITY/DISCLAIMER
N1. The features and services on the Website are provided on an “as is” and “as available” basis, and the Website 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. The Website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the Website. The Website never accepts any responsibility that the Website Contents do not violate any Third Party Rights; and the Website makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website.
N2. Any material downloaded or otherwise obtained through the Website 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 Us or through or from the Website shall create any warranty not expressly stated herein.
N3. Under no circumstances shall the Website be held liable for an delay or failure or disruption of the content or services delivered through the Website 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 labor 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 the Website, 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 Website (including but not limited to the display of your information on the Website) or from Your breach of any of the terms and conditions of this Agreement or any representations and warranties made by you to the Website.
N4. User(s) hereby further agree to indemnify and save the Website, 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 Website. User(s) hereby further agree that the Website 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. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Website in asserting any available defenses.
N5. The Website 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 reason whatsoever.
N6. If the Website wholly or partially is not working temporarily or permanently (including errors but not limited to “The Page cannot be found”,” Web page unavailable”, “Website not working”, “Data not available”, “Portion not available”, “Database Error” etc), no User has any right either to claim or object against it at anytime.
N7. The Website is not liable if the User(s) share their individual ‘log-in ID and/or password’ provided by Us with anybody, and if that person misuses the User(s’) information and data.
N8. The Users hereby acknowledge and accept that once they provide their personal/business information to the Website which is accessible by public all over the world, and may receive unsolicited SMS, e-mails and other messages and they have no objection against it.
N9. The Website provides the facility to the Registered Members that they will receive SMS and/or E-mail alerts when they receive business inquiry from the Website from other User(s), but the Website is not committed to provide this facility as that may be some technical fault in the system or otherwise.
N10. The liability of the Website in all the circumstances shall be limited to the lesser of the amount of fees and/or charges paid by the User or INR 100.00/- (Indian Rupees One Hundred and Zero Paisa).
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O. NOTICES
O1. All notices or demands to or upon the Website shall be considered if in writing or printing and shall be duly made when sent to the Website only in the language English U.K. in the following manner: to www.offersengine.com, F-201, Pramukh Avenue, B/h. Shyam Shikhar Complex, India Coloney Cross Roads, Bapunagar, Ahmedabad – 380024. Gujarat (India).
O2. All notices or demands to or upon a User(s) shall be considered if either delivered personally, sent by courier, post, certified mail, by facsimile or email to the last-known correspondence, SMS on Mobile of the User, as provided earlier to the Website, fax or email address provided by the User(s) to the Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.
O3. Notice to a User(s) shall be deemed to be received by such User(s) if and when the Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon the Website ‘s posting such notice on an area of the Website that is publicly accessible without any charge.
O4. The reply of the notice(s) provided by the User(s) to the Website, may by delayed or cancelled without disclosing any reason whatsoever.
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P. OVERNING LAW AND DISPUTE RESOLUTIONS
P1. Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of India without regard to its conflict of laws provisions. The Website considers itself and intended to be subject to the jurisdiction only of the Courts of Ahmedabad, Gujarat, India. The Parties and/or User(s) to this Agreement hereby submit to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.
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Q. MISCELLANEOUS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If the Website fails to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall endeavour to give effect to the Parties’ intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
The Website shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
The above mentioned “Terms of use” can change anytime without any prior notice to anyone by us. You are required to read this page while using the services of the website.
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