set forth below:
(b). Interpretation Number, Gender and Headings
Prohibited Content & Consents
The Company DOES NOT permit a User to host, display, upload, modify, publish any information,transmit, update or share OR provide any services or data, information or any Illegal/Prohibited Content. The User hereby represents and warrants that it shall not display, list, upload, modify, publish any information, data or materials and/or transmit or share anything that:
Agreement between User and Company
a. The User understands that the Company through the Site provides services to its Users to appoint or take up Distribution/Franchisee/Sales Agency. All Content listed on the Site is third party User generated content which is transmitted and/or hosted on the Site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.
b. The User understands that the Company through the Site provides services of Interconnecting sales. All Content listed on the Site is third party User generated content which is transmitted and/or hosted on the Site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.
c. The Site is operated by Phenom Intermesh Private Limited and its affiliates/associates. The Services are offered to the User conditioned on the acceptance of the User without modification of the terms,conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the Agreement, these terms, conditions and notices, it/they must not use the Services.
d. Content and features on the Site is made available to Users free of charge. However, Company reserves the right to terminate access to areas or features of the Site to Users at any time with or without giving any reason, with or without notice. Company also reserves the universal right to deny access to particular Users to any/all of its Services and/or content without any prior notice/explanation in order to protect the interests of Company and/or other visitors to the Site. Company reserves the right to limit, deny or create different type access to the Site and its content features with respect to different User(s), or to change any of the features or introduce new features without prior notice. Company reserves the right to start charging for accessing the services any time in future which will be applicable to existing and new users alike.
e. Users are advised to exercise due caution while connecting with a prospective organisations / individuals on the Site. Users must undertake interaction with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on such organizations and/or individuals. Neither the Company nor its director's, employees, officers or agents shall be liable to any User or otherwise, for any illegal or fraudulent interaction with organizations and/or individuals located on or through the Site.
The Company reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the changes associated with the User of the Services and changes on account of legal and/or statutory amendments. The User is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the Agreement. All amendments shall become effective immediately upon our posting to/ on the Site.
Warranties and Disclaimer
a. Company has endeavored to ensure that all the information on the Site is correct, however Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Site. This Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Site.
b. Company does not make any representation or warranty as to the attributes such as for quality, worth,marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
c. The Company does not collect any Sensitive Personal Data/Information of a User.
d. Company conducts several phone enquiries on its Site to provide the Services, Company however does not have a mechanism to verify the credentials of these enquiries, hence buyers & sellers are advised to exercise due caution in dealing with these enquiries & finalizing business deals.
e. The Company provides the Site and Services "as is" and without any warranty or condition, express,implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Site is at its own risk.
The use of the Site is available only to persons who can form legally binding contracts under 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. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company unless specifically invited by the Company. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.
a. The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User hereby agrees that all agreements, notices, demands, disclosures and other communications that the Company sends electronically including by posting on Site, satisfy the legal requirement that such communication is in writing.
b. User hereby authorises Company to contact them periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a User does not wish to receive calls/other communications from Company or its employees, they must inform Company in writing by sending an email to firstname.lastname@example.org.
c. All calls made to user by the company are periodically recorded for internal training and quality purposes only. All updates done by user to their data, by visiting the site or through verification mailers are recorded for future reference.
Platform for Communication
The Site is also a venue where Users may interact with one another for their prospective business
interest of either appointing or becoming Distributor/Franchisee/Sales Agent and interconnecting
sales. Company is not and cannot be a Party to or control in any manner any dealings between
two Users of the Site.
Without limiting other remedies, Company shall remove and disable all such content on the Site;
may limit the Users' activity, immediately remove or end the Users listing, warn other Users and
immediately temporarily/indefinitely suspend or terminate the User's membership, and/or refuse
to provide the User with access to the Site if:
The Company stores temporarily or as an intermediary, User information on computers that are protected by physical as well as technological security devices. Company records the IP address(es) of each User of the Site and tracks its Users by the use of 'Click stream cookies', inter-alia in compliance with statutory laws and regulations and for security reasons. If the User objects to any of this please do not use the Site.
Use of User Information for promotions by Company
a. Company may use the User Information, Data or materials ("Collected Information") to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The Collected Information does not qualify as Sensitive Personal Data/Information. The Collected Information does not/will not be disclosed to third party (ies) unless you respond to the marketing, promotion or advertising message sent by such third party (ies). The Collected Information may be transferred, stored, used and processed at any place worldwide by the Company.
b. In case of a merger, amalgamation or a 'buy-in' or 'buy-out' or a financial or strategic tie-up or similar alliance of/by the Company, the Collected Information may be transferred or assigned to the entity with whom the Company is entering into a merger, amalgamation, 'buy-in' or 'buy-out', financial, strategic or similar alliance with, as the case may be. If a User objects to this collection and/or transfer/assignment, please do not use the Site.
a. All information and data submitted and/or Hosted by the User shall become the property of the Company.Except for disclosures of the nature set forth herein including in Clause 13, Company shall not release any such data and information without the prior consent of the User.
b. The User has access to only his own data and information stored in the database at the Company (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time provided the terms and conditions and this Agreement are complied with.
c. All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party using the Site and misused or results in unsolicited messages from such third parties, then such actions are beyond the control of Company and the Company accepts no responsibility or liability whatsoever for such actions.
d. The Company does not require a User to disclose to its employees and/or other User's any Sensitive Personal/Confidential Information on the Site.
e. The User is cautioned not to reveal any Sensitive Personal/Confidential Information to third parties on the Site.
Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
Waiver and Severability
The failure of the Company 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 endeavor 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.
Limitation of Liability
In no event shall the Company be liable for:
The User hereby agrees to indemnify and hold the Company its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any action, claim or demand, including reasonable attorney's fees, made by any third party or penalty imposed on the Company due to or arising out of the User's breach or violation of this Agreement or the documents it incorporates by reference, or any representations and warranties made by a User, or on account of any illegal/prohibited activity conducted by a User, or violation of any law or of the rights of a third party by a User or a breach of the representations or warranties made by User(s) and/or any dispute(s), claim(s), litigation or other civil or criminal proceeding between a User and another User/third party transacting on this Site and/or using the Services.
Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail to Legal Department, Phenom Intermesh Private Limited, A-40 Aavkar Karmachari Nagar Part – I, Ghatlodia, Ahmedabad, 380061, India or e-mail to: email@example.com (in the case of the Company) or to the email address the User provide during the registration process (in case of the User). Notice shall be deemed given 24 hours after email is sent, unless the sending Party is notified that the email address is invalid. Alternatively, the Company may give the User 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 (three) days after the date of mailing.
Third Party Content, Sites and Services
a. The Site and content available through the Service may contain features and functionalities that may link or provide the User with access to third party content which is 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.
b. User's interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation necessary or appropriate before proceeding with any of these third parties.
c. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third party, the User understands and agrees that the Company is under no obligation to become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases the Company, its Directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service(s).
Relationship of the Parties
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.
Suspension, Reinstatement and Refunds
a. Without prejudice to any other rights or remedies that may be available to it, the Company may suspend all services provided, remove and/or disable any and all User Hosted data and content and/or limit access rights of a User for a breach or violation as is set forth herein.
b. User hereby authorizes Company to remove and/or disable User hosted data and/or content or to limit Services to a User against whom a complaint is received, which remain unresolved or is not amicably settled with thirty (30) days of the date of the complaint by the aggrieved User.
Termination of Agreement
a. The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove any content Hosted within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable whether for refunds or otherwise, to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
b. If the Company terminates User(s) membership, User(s) will not have the right to re-enroll or join Site under a new account or name or an alias unless formally invited to do so by the Company. Notwithstanding any contained herein, no membership charges will be refunded to a User in case of termination.
For any complaints and grievances, User may contact the Grievance Officer, Phenom Intermesh Private Limited, A-40 Aavkar Karmachari Nagar Part – I, Ghatlodia, Ahmedabad, 380061 India. +91-79-6822-2000; or email: firstname.lastname@example.org
Governing Law and Jurisdiction
Company as well as its management has created these pages and the Services as a specific feature and as a service to the global exim community. No warranty or condition expressed or implied or statutory is being provided to the User. Company hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance. Company does not make any representation or warranties of any kind about any product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded. Company as well as its management has created these pages and the Services as a specific feature and as a service to the global exim community. No warranty or condition expressed or implied or statutory is being provided to the User. Company hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance. Company does not make any representation or warranties of any kind about any product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded.Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition. Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be displayed on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not Phenom/its users.
Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by Company ("Damages") whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation to the Service(s). The User hereby indemnifies and holds Company harmless against any and all losses, claims, injuries and Damages that may arise out of the User's breach of this Disclaimer and/or the Agreement, Illegal/Prohibited Content, Warning against Fraud and or any breach of the terms and conditions or the representations or warranties made by the User herein or in the Agreement/usage terms. Company reserves the right to change the nature of the paid Services offered here or discontinue its Services to a member without any prior notice. This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.
Warning against Fraud
contract.Acceptance of the terms and conditions of use