PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF
USE AGREEMENT CAREFULLY
The following demonstrates terms and conditions
of use (here-in-after referred to as an "Agreement"), applicable to your
use of YPages.in (hereinafter referred to as "web site"), which
promotes business between suppliers and buyers globally. It is an
agreement between you as the user(s) of the web site (the "User(s)") and
Interactive World (hereinafter referred to as "IW").
Before you subscribe to and/or begin
participating in or using web site, IW believes that user(s) have fully
read, understood and accept the agreement.
If you do not agree to or wish to be bound by
agreement, you may not access or otherwise use the web site.
I. WEBSITE- MERELY A VENUE/PLATFORM
Web site
acts as a mere venue/platform for our members to negotiate/interact for
buying, selling and other business services by way of locating companies
to trade with, through our on-line exchange.
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 negotiated between buyers and sellers.
All transactions will be the responsibility of the members only. This
agreement shall not be deemed to create any partnership, joint venture,
or other joint business relationship between IW and other party.
II. USER(S) ELIGIBILITY
User(s) means any
individual or business entity/organization that legally operates in
India or in other countries, uses and has the right to use the services
provided by IW. Our services are available only to those individuals or
companies who can form legally binding contracts under the applicable
law. Therefore, user(s) must not be a minor as per Indian Law; i.e.
user(s) must be at least 18 years of age to be eligible to use our
services.
IW advises its users that while accessing the web
site, they must follow/abide by the related laws. IW is not responsible
for the possible consequences caused by your behaviour during use of
web site. IW may, in its sole discretion, refuse the service to anyone
at any time. The service is not available to temporarily or indefinitely
suspended members of web site.
III. USER(S) AGREEMENT
This agreement applies
to user(s) if user(s) are visitors, registered - free or paid user(s)
who access the web site 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 site solely for their own personal or
internal purposes.
This agreement applies to all IW services offered
on the web site, 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.
IV. AMENDMENT TO USER(S) AGREEMENT
IW may
change, modify, amend, or update 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.
V. INTELLECTUAL PROPERTY RIGHTS
IW is the sole
owner or lawful licensee of all the rights to the web site and its
content. Web site content means its design, layout, text, images,
graphics, sound, video etc. The web site content embodies trade secrets
and intellectual property rights protected under worldwide copyright and
other laws. All title, ownership and intellectual property rights in
the web site and its content shall remain with YPages.in, its affiliates
or licensor's of YPages.in content, as the case may be.
All rights not otherwise claimed under this
agreement or by YPages.in, are hereby reserved. The information
contained in this web site is intended, solely to provide general
information for the personal use of the reader, who accepts full
responsibility for its use. IW does not represent or endorse the
accuracy or reliability of any information, or advertisements
(collectively, the "content") contained on, distributed through, or
linked, downloaded or accessed from any of the services contained on
this web site, 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.
We accept no responsibility for any errors or
omissions, or for the results obtained from the use of this information.
All information in this web site is provided "as is" 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. Nothing herein
shall to any extent substitute for the independent investigations and
the sound technical and business judgment of the user(s). In no event
shall IW 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. User(s) of this site must
hereby acknowledge that any reliance upon any content shall be at their
sole risk.
The information presented here has been compiled
from publicly aired and published sources. IW respects these sources and
is in no way trying to infringe on the respective copyrights or
businesses of these entities. IW 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.
Trademark
"Interactive World", "YPages.in" and
related icons and logos are registered trademarks or trademarks or
service marks of IW in various jurisdictions and are protected under
applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks is
strictly prohibited.
Copyright
All content on this web site is
the copyright of IW except the third party content and link to third
party web site on our website.
IW is not an expert in your intellectual property
rights, and we cannot verify that the users of our online marketplace -
who post literally tens of thousands of trade leads for items on the
website each day - have the right to sell the goods offered. We will
appreciate your assistance in identifying listings which may not appear
on their face to infringe your rights but which you believe are
infringing. IW is also not an arbiter or judge of disputes about
intellectual property rights. By taking down a listing, as a prudential
matter, IW is not endorsing a claim of infringement. Neither, in those
instances in which IW declines to take down a listing, is IW determining
that the listing is not infringing, nor is IW endorsing the sale of
goods in such cases.
IW 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, text, images, video clips, directories, files, databases or
listings available on or through the web site (the "IW content") for
the purpose of re-selling or re-distributing, mass mailing (via email,
wireless text messages, physical mail or otherwise), operating a
business competing with IW, or otherwise commercially exploiting the IW
content. Systematic retrieval of IW 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 IW is prohibited.
In addition, use of the 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 IW's services,
you agree that you will not use the web site service to infringe the
intellectual property rights of others in any way. IW 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 IW service, or if IW
believes that user(s) conduct is harmful to the interests of IW, its
affiliates, or other users, or for any other reason in IW's sole
discretion, with or without cause.
VI. LINKS TO THIRD PARTY SITES
Links
to third party sites are provided by web site as a convenience to
user(s) and IW has not have any control over such sites i.e. content and
resources provided by them.
IW 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 and/or
privacy policies before using such sites in order to be aware of the
terms and conditions of your use of such sites. IW believes that user(s)
acknowledge that IW has no control over such third party's site, does
not monitor such sites, and IW shall not be responsible or liable to
anyone for such third party site, or any content, products or services
made available on such a site.
VII. TERMINATION
Most content and some of the
features on the web site are made available to visitors free of charge.
However, IW reserves the right to terminate access to certain areas or
features of the web site (to paying or registered users) at any time for
any reason, with or without notice. IW 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 IW and/or other visitors to the web site. IW
reserves the right to limit, deny or create different access to the web
site and its features with respect to different user(s), or to change
any of the features or introduce new features without prior notice.
IW withholds the right to temporary or permanent
termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have
provided any false information in connection with the member account to
IW, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the
terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or
repeatedly publish the same product information.
(d) Post any material to a member that is not
related to international trade or business cooperation.
(e) Impersonate or unlawfully use another
companies name to post information or conduct business of any form
(f) Any unauthorized access, use, modification,
or control of the web site data base, network or related services.
(g) Obtain by any means web site member's user
name and/or password.
If IW terminates user(s) membership, user(s) will
not have the right to re-enroll or join IW under a new account or name
unless formally invited to do so by IW. In any case of termination, no
membership charges will be refunded. User(s) acknowledge that inability
to use the web site wholly or partially for whatever reason may have
adverse effect on its business. User(s) hereby agree that in no event
shall the web site be liable to the user(s) or any third parties for any
inability to use the web site (whether due to disruption, limited
access, changes to or termination of any features on the web site 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 web site or any of its features.
VIII. REGISTERED USER(S)
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 and log-out.
User(s) can become a Registered User(s) by
filling an on-line registration form on the web site by giving desired
information (name, contact information, details of its business, etc.).
IW will establish an account ("Account") for the user(s) upon
registration and assign a user alias ("Username") and password
("Password") for log-in access to your Account. Web site 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.
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 IW
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.
By becoming a Registered User, you consent to the
inclusion of your personal data in our on-line database and authorize
IW to share such information with other user(s). IW may refuse
registration and deny the membership and associated User ID and Password
to any user for whatever reason. Web site may suspend or terminate a
registered membership at any time without any prior notification in
interest of IW or general interest of its visitors/other members without
giving any reason thereof. Registered User is not a part or affiliate
of IW in any way.
IX. DATA PROTECTION
Personal information
supplied by user(s) during the use of web site is governed by our
privacy policy. Please click here to know about our privacy policy.
X. POSTING YOUR CONTENT ON WEBSITE
Some of the
content displayed on the website is provided or posted by third
parties. User(s) can post their content on some of the sections/services
of the web site using the self-help submit and edit tools provided at
the respective section. User(s) may need to register and/or pay for some
of these services.
IW in such case is not the author. The content
here is contributed by anonymous, registered or paid user(s). Neither IW
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. IW 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, IW is not responsible for the conduct of user(s)
activities on the web site, 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 IW with true, accurate, current and
complete information to be displayed on the web site and
(b) maintain and promptly amend all information
to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual,
worldwide and royalty-free, sub-licensable (through multiple tiers)
license to IW 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 web
site, 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 web site (hereafter referred to as"Third Party
Rights").
User(s) hereby represent, warrants and agree that
user(s) shall be solely responsible for ensuring that any material or
information you post on the web site or provide to web site or authorize
the web site 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 they have the right to manufacture, offer, sell,
import and distribute the products offered and displayed on the web
site, and that such manufacture, offer, sale, importation and/or
distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that
information submitted to IW for display on the web site will not:
Contain fraudulent information or make fraudulent
offers of items or involve the sale or attempted sale of counterfeit or
stolen items or items whose sales and/or marketing is prohibited by
applicable law, or otherwise promote other illegal activities;
Be
part of a scheme to defraud other User(s) of the web site or for any
other unlawful purpose;
Relate to sale of products or services that
infringe or otherwise abet or encourage the infringement or violation of
any third party's copyright, patent, trademarks, trade secret or other
proprietary right or rights of publicity or privacy, or any other Third
Party Rights;
Violate any applicable law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
Be defamatory, libelous, unlawfully threatening or
unlawfully harassing;
Be obscene or contain or infer any pornography
or sex-related merchandising or any other content or otherwise promotes
sexually explicit materials or is otherwise harmful to minors;
Promote
discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age;
Contain any material that constitutes
unauthorized advertising or harassment (including but not limited to
spamming), invades anyone's privacy or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any law or regulation;
Solicit business from any
User(s) in connection with a commercial activity that competes with IW;
Contain
any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating
any software or hardware system, data or personal information;
Link
directly or indirectly to or include descriptions of goods or services
that are prohibited under the prevailing law; or
Otherwise create
any liability for IW or its affiliates.
IW reserves the right in its sole discretion to
remove any material/content/photos/offers displayed on the web site
which it reasonably believes is unlawful, could subject IW to liability,
violates the terms and conditions and/or Agreement or is otherwise
found inappropriate in IW's opinion. Web site 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.
In connection with any of the foregoing, web site
may suspend or terminate the Account of any User as web site deems
appropriate in its sole discretion. User(s) agree that web site shall
have no liability to any User(s), including no liability for
consequential or any other damages, in the event web site takes any of
the actions mentioned in this Section, and that you agree to bear the
risk that web site may take such actions.
Web site acts as a content integrator and is not
responsible for the information provided by user(s) to be displayed on
the web site. IW do not have any role in developing the content.
XI. INTERACTION BETWEEN USERS
IW provides an
on-line platform for exchanging information between buyers and suppliers
of products and services. Web site does not represent the seller or the
buyer in specific transactions and does not charge any commission for
enabling any transaction. Web site 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 web site 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.
Web site uses several techniques to verify the accuracy and authenticity
of the information our user(s) provide us. However, since it is not
possible in all cases and is not 100% fool-proof, IW cannot and does not
confirm each user(s) purported identity (including, without limitation,
GOLD Members). IW encourages user(s) to use various tools available on
the web site and otherwise, as well as common sense, to evaluate the
user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the
risks of purchase and sale transactions when using the web site to
conduct transactions, and that user(s) fully assume the risks of
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 web site.
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. Such risks also include the risks that the
manufacture, importation, distribution, offer, display, purchase, sale
and/or use of products or services offered or displayed on the web site
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 web site as a result of purchase and sale
transactions in connection with using the web site may suffer harms
and/or assert claims arising from their use of such products. All of the
foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that IW 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 web
site, 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 IW (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 web site
solely for their personal or internal purposes. User(s) agree that they
will not use IW 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. 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.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The
features and services on the web site are provided on an "as is" and "as
available" basis, and web site 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. IW makes no representations or warranties about the
validity, accuracy, correctness, reliability, quality, stability,
completeness of any information provided on or through the web site. IW
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 web site does not violate any third
party rights; and IW makes no representations or warranties of any kind
concerning any product or service offered or displayed on the web site.
Any material downloaded or otherwise obtained through the web site 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 web site or through or from the
web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held
liable for an delay or failure or disruption of the content or services
delivered through the web site 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 web site, 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 web site (including but not
limited to the display of your information on the web site) or from your
breach of any of the terms and conditions of this Agreement. User(s)
hereby further agree to indemnify and save web site, 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 breach of any representations and warranties
made by you to web site.
User(s) hereby further agree to indemnify and
save web site, 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 web site. User(s) hereby further agree that web site 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.
Web site 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 web site
in asserting any available defenses.
Web site 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 of the following:
The use or the inability to use the web site;
Any
defect in goods, samples, data, information or services purchased or
obtained from a User(s) or a third-party service provider through the
web site;
Violation of Third Party Rights or claims or demands that
User(s) manufacture, importation, distribution, offer, display,
purchase, sale and/or use of products or services offered or displayed
on the web site may violate or may be asserted to violate Third Party
Rights; or 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;
Unauthorized access by third
parties to data or private information of any User(s);
Statements or
conduct of any User(s) of the web site; or
Any matters relating to
Premium Services however arising, including negligence.
XIII. NOTICES
All notices or demands to or
upon web site shall be effective if in writing and shall be duly made
when sent to IW in the following manner: to Interactive World, K-10/33,
DLF City, Phase II, Gurgaon – 122 002, Haryana India.
All notices or demands to or upon a User(s) shall
be effective if either delivered personally, sent by courier, certified
mail, by facsimile or email to the last-known correspondence, fax or
email address provided by the User(s) to web site, or by posting such
notice or demand on an area of the web site that is publicly accessible
without a charge.
Notice to a User(s) shall be deemed to be
received by such User(s) if and when web site is able to demonstrate
that communication, whether in physical or electronic form, has been
sent to such User(s), or immediately upon web site's posting such notice
on an area of the web site that is publicly accessible without charge.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
Terms
and condition of use agreement and/ or Agreement, Privacy Policy shall
be governed in all respect by the laws of Indian Territory. IW considers
itself and intended to be subject to the jurisdiction only of the
Courts of Gurgaon, Haryana, India. The parties to this Agreement hereby
submit to the exclusive jurisdiction of the courts of Gurgaon, Haryana,
India.
XV. MISCELLANEOUS
Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such
section.
Web site's failure to enforce any right or
failure to act with respect to any breach by a User(s) under these terms
and conditions will not waive that right nor waives IW's right to act
with respect with subsequent or similar breaches.
Web site 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.
If any provision of the terms and conditions of
use and/or Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced.
The above mentioned terms and conditions of use
and/or Agreement and the Privacy Policy constitute the entire agreement
between the User(s) and IW with respect to access to and use of the web
site, superseding any prior written or oral agreements in relation to
the same subject matter herein.