WELCOME TO SIMPLIFYB2B.COM
KLM INTERNATIONAL , having its registered office at “G.S Road, Bhangagarh, Guwahati, Assam, India”, hereinafter referred to as the “Firm”, is the sole owner of an E-commerce platform in the name of “Simplify” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
The Firm ensures steady commitment to your usage of the Platform and privacy with regards to the protection of your invaluable information. This document contains information about the Website and mobile application https://simplifyb2b.com hereinafter referred to as the “Platform”).
- “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context so requires.
- “You”, “Your”, “Yourself”, “Buyer/Seller”, shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws.
- “Third Parties” refer to any Application, Firm or individual apart from the Buyer/Seller, and the creator of this Platform. It shall include such payment gateways as partnered by the Firm.
- The term “Platform” refers to the Website and mobile application created by the Firm which provides the Client to avail services of the Firm through the use of the platform.
- The term “Buyer/Seller” refers to the individuals who will be using the platform to purchase or sell products on the platform.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The Buyer/Seller unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Buyer/Seller and the Firm, and that the Buyer/Seller shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Buyer/Seller acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Buyer/Seller and that the Buyer/Seller act of agreeing to the Terms and conditions in their course of registering on the platform will be construed as consent to the terms and conditions. Unless the Buyer/Seller agrees to the Terms and Conditions on the Platform, their registration on the Platform will not be complete.
- The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Buyer/Seller, and the Buyer/Seller expressly agrees that any such amendments or modifications shall come into effect immediately. The Buyer/Seller has a duty to periodically check the terms and stay updated on its requirements. If the Buyer/Seller continues to use the Platform following such a change, the Buyer/Seller will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the Buyer/Seller complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the Buyer/Seller does not adhere to the changes, you must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms.
- Registration is mandatory for all Buyer/Seller and visitors in order to view the services available on the platform, however to view the products listed or seek information about the products on the Platform, registration is not mandatory.
- Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a Buyer/Seller, You may do so through your legal guardian and the Firm reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
- Further, at any time during Your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your Buyer/Seller name and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any herein below use of your account.
- PLATFORM OVERVIEW
The platform is a B2B platform that directly connects buyers globally with suppliers across India. The platform is a B2B cloud-based marketplace that is accessible via both the browser and via native mobile apps. Buyers can view products from multiple sellers and if interested, buyers can contact the seller via a chat feature. Once the buyer is comfortable with the deal terms, the buyer can place an order, which the seller can either accept or reject. Post completion of the transaction, the buyer can rate the seller. The seller can also rate the buyer.
The Buyer/Seller further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Buyer/Seller may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
- All text, graphics, Buyer/Seller interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or genuineness of products sold on the Platform.
- All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
- The Platform may capture data from its third-party Vendors, which would be used for enhancing the services delivered.
- The Vendors shall be solely responsible for the genuineness and authenticity for the Content submitted by the Vendors in the form of product details, prices and expiry dates for the same.
- The Buyer/Seller are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Buyer/Seller can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Buyer/Seller or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any Buyer/Seller for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any Buyer/Seller who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The Buyer/Seller shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
- The Buyer/Seller have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Buyer/Seller shall not copy, adapt, and modify any content without written permission of the Firm.
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Buyer/Seller continues to access and use the Platforms.
- The Buyer/Seller may terminate their use of the Platform at any time.
- The Firm may terminate these Terms and close a Buyer/Seller account at any time without notice and/or suspend or terminate a Buyer/Seller access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.
- It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.
- For Cash on Delivery payment method, the Buyer will have to pay before inspecting the goods on arrival since the shipping and operational cost to send the product to the Buyer is high while the order quantity is usually low. For Cash on Delivery, returns and refunds are not supported due to the high cost of shipping compared to the order value.
- The exchange rate used for international payments will be that provided by the bank. The Firm cannot be held accountable for any issues related to the exchange rate.
- In the scenario where the Buyer has transferred money to the escrow and the Seller has uploaded the shipping documents to the Platform, the Buyer authorizes the Firm to release payment to the Seller when the Buyer clicks item received or 5 working days after the Seller uploads the shipping documents, whichever is earlier.
- If the Seller is selling tea, the Seller shall ensure that the teas offered through the Platform comply with Plant Protection Code (PPC) prescribed by the Tea Board of India.
- If we notice that the Buyer/Seller has shared mobile number or email id via the Platform’s chat functionality or we notice the Buyer/Seller have attempted to take the transaction offline, we reserve the right to bar the Buyer/Seller and sue for damages.
- The Firm reserves the right to bar any Buyer/Seller from the Platform without prior notice.
- If the Buyer wants to dispute the shipping documents uploaded by the Seller, the Buyer should raise the dispute with the Firm within 3 days from the date the Seller uploads the shipping documents by emailing firstname.lastname@example.org. If the Buyer does not dispute the shipping documents within 3 days from the date the Seller uploads the shipping documents, the Firm reserves the right to release the money to the Seller. The Buyer should contact the Firm via email and phone to notify of the same, and ensure a Firm representative is aware of the issue.
- The Firm attempts to keep data on the Platform as accurate as possible. However, the Firm does not warrant that product descriptions or other content of any service is accurate, complete, reliable, current, or error-free.
- If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Firm immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
- We reserve the right to make changes to the Platform, policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time that you use the Platform or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- The Firm reserves the right, in its sole discretion, to unilaterally terminate the Buyer/Seller access to the Platform, or any portion thereof, at any time, without notice or cause.
- The Platform also reserves the universal right to deny access to particular Buyer/Seller, to any/all of are on its Platform without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
- The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Buyer/Seller, or to change any of the features or introduce new features without prior notice.
- Upon termination of the Platform all such obligations including but not limited to orders that have been placed and paid for by the Buyer/Seller before the termination, will be delivered by the Firm and the Firm and Buyer/Seller will be bound by the terms and conditions of the platform in force at that point in time. Once all obligations are fulfilled, then the platform shall be deemed to have been terminated completely.
- The Buyer/Seller shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Buyer/Seller shall not have the right to terminate these Terms till the expiry of the same.
By using this Platform and providing his/her identity and contact information to the Firm through the Platform, the Buyer/Seller hereby agree and consent to receive calls, e-mails or SMS from the Firm and/or any of its representatives at any time.
Clients can report to email@example.com if they find any discrepancy with regard to Platform or content-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
- The platform reserves the right to start charging Buyer/Seller(s) both a transaction and/or subscription fee at any time. The Platform will inform Buyer/Seller(s) of these charges either via email communications to their email addresses registered on the Platform or through updates to the FAQ section of the Platform or updates to the terms and conditions or any other means as deemed by the Platform. In case of availing any paid services on the Platform, the Customer shall pay an amount for the services availed through the Platform directly to the Firm in any of the prescribed modes of Payment Methods
- Debit Card
- Credit Cards
- Amex Card
- Net Banking
- Online Payment Gateways
- The Buyer/Seller(s) acknowledges that a minimum of one of the above payment methods may be offered on the Platform. Additional processing charge would be levied on the payments made based on the current payment gateway fees or any similar fees that could arise and the Buyer/Seller agrees to the same. The Buyer/Seller are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Buyer/Seller.
- The payment is processed through a third-party gateway and the Buyer/Seller shall be bound by the third party’s terms and conditions. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the Firm.
- The Buyer/Seller can seek refund of payment only in accordance with the refund and cancellation policy updated on the Platform.
- The Firm will not be liable for any credit or debit card fraud. The liability to use a card fraudulently will be on the Buyer/Seller and the onus to 'prove otherwise' shall be exclusively on the Buyer/Seller. To provide a safe and secure shopping experience, the Firm regularly monitors transactions for fraudulent activity. In the event of detecting any suspicious activity, the Firm reserves the right to cancel all past, pending and future orders without any liability.
- The Firm will not be liable for any payment fraud.
- The Firm shall disclaim all responsibility and owns no liability to Buyer/Seller for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Firm, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Buyer/Seller having exceeded the preset limit mutually agreed between the Buyer/Seller and their banker.
- If the buyer or supplier or any user of the platform cancels the subscription mid period, they will be charged the subscription fee till the end of the that period. For example, if the subscription is cancelled mid-month, they will be charged the fee for that month.
- BUYER/SELLER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Client agrees and acknowledges that they are a restricted Buyer/Seller of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Firm is not liable if the Buyer/Seller has provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The Buyer/Seller can update their details anytime through accessing their profile on the platform.
- Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The Buyer/Seller also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the Buyer/Seller, and to streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, Buyer/Seller comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of Buyer/Seller -related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Firm.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the Buyer/Seller access to the Platform. The Buyer/Seller acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising in relation to such offensive content on the Platform.
- Expressly agree and acknowledge that the Content generated by the Buyer/Seller and displayed on the Platform is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The Buyer/Seller may, however, report any offensive or objectionable content, which the Firm may then remove from the Platform, at its sole discretion.
- Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Firm from whom the Buyer/Seller are utilizing services.
The Buyer/Seller further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The Buyer/Seller may not reverse look-up, trace or seek to trace any information relating to any other Buyer/Seller of, or visitor to, the Platform, or any other viewer of the Platform, including any Buyer/Seller account maintained on the Platform not operated/managed by the Buyer/Seller, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
- Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Firm/Platform;
- The Buyer/Seller hereby expressly authorizes the Firm/Platform to disclose any and all information relating to the Buyer/Seller in the possession of the Firm/Platform to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The Buyer/Seller further understands that the Firm/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Buyer/Seller acceptance to purchase any product or service offered on the site, the Buyer/Seller is obligated to complete such transactions based on the agreed payment. Buyer/Seller shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
- The Buyer/Seller agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.
- The Buyer/Seller agrees to provide authentic and true information. The Firm reserves the right to confirm and validate the information and other details provided by the Buyer/Seller at any point of time. If upon confirmation such Buyer/Seller details are found to be false, not to be true (wholly or partly), the Firm shall in its sole discretion reject the registration and debar the Buyer/Seller from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
- The Buyer/Sellers agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the Buyer/Seller agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which the Buyer/Seller has no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- SUSPENSION OF BUYER/SELLERACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion, limit the Buyer/Seller access and/or activity by immediately removing the Buyer/Seller access credentials either temporarily or indefinitely, or suspend/terminate the association with the Platform, and/or refuse to usage of the Platform to the Buyer/Seller without being required to provide the Buyer/Seller with notice or cause:
- If the Buyer/Seller is in breach any of these Terms or the Policy;
- If the Buyer/Seller has provided wrong, inaccurate, incomplete or incorrect information;
- If the Buyer/Seller actions may cause any harm, damage or loss to the other Buyer/Seller or to the Firm, at the sole discretion of the Firm.
- Buyer/Seller use of the Platform,
- Buyer/Seller violation of these Terms and Conditions;
- Buyer/Seller violation of any rights of another;
- Buyer/Seller alleged improper conduct pursuant to these Services;
- Buyer/Seller conduct in connection with the Platform;
Buyer/Seller agrees to fully cooperate in indemnifying the Firm and the Platform at the Buyer/Seller expense. The Buyer/Seller also agrees not to reach a settlement with any party without the consent of the Firm.
In no event shall the Firm/Platform be liable to compensate the Buyer/Seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Buyer/Seller use of or access to the Platform and/or the Services or materials contained therein.
- The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If the Buyer/Seller has fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by the Platform.
- The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the Buyer/Seller, the Buyer/Seller belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the Buyer/Seller through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
- Buyer/Seller are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
- The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
- To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
- Once order is accepted, the Buyer is legally required to pay the Seller according to the agreed payment terms, given Seller has uploaded proof of shipping/bill of lading to the Platform. The Firm will share necessary logs with the Seller to help the Seller claim the same. The Firm will not be accountable or liable for collecting money from the Buyer. All such responsibility will be that of the Seller and should be discussed between the Seller and Buyer.
- Once a Seller has accepted the order, the Seller is legally required to ship/ transport the product to the Buyer based on the agreed terms. The Firm will not be liable for the quality of goods delivered by the Seller. The Buyer should inspect the goods to his/her satisfaction at the time of delivery or make arrangements to satisfy himself/herself of the quality of the goods before delivery.
- Any dispute that arises between the Buyer and Seller they must settle it themselves and not hold the Firm responsible for any dispute that arises between them.
- If the Seller is selling tea, the Seller shall ensure that the teas offered through the Platform meet the specification guidelines prescribed under the Food Safety and Standards Authority of India (FSSAI) as amended from time to time. The Firm will not be liable if the Seller deviates from FSSAI standards.
- Sellers to verify Buyers before selling products to ensure that Buyers have the required licenses and regulatory approvals. The risk of selling products to unauthorized Buyers will be borne entirely by the Seller. The Platform will not be liable.
- If the Seller chooses to offer the Buyer credit terms, that is shipment before payment, the Seller bears the complete risk of the Buyer default and the Buyer not paying. If the Buyer does not pay, the Firm will not be held responsible.
- The Firm and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Firm are provided by the Firm on an "as is" and "as available" basis, unless otherwise specified in writing. The Firm makes no representations or warranties of any kind, express or implied, as to the operation of the Firm, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Firm, unless otherwise specified in writing. The Buyer/Seller expressly agree that your use of the Firm is at your sole risk. To the full extent permissible by law, the Firm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. the Firm does not warrant that the Firm, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Firm, the Firm's servers or electronic communications sent from the Firm are free of viruses or other harmful components. To the full extent permissible by law, the Firm will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any of the Firm’s service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
- INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the Buyer/Seller a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Firm or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The Buyer/Seller may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Buyer/Seller of the Platform, or that in any manner disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.
Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
- DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties here to that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be at Guwahati, Assam, India
Any and all communication relating to any dispute or grievance experienced by the Buyer/Seller may be communicated to the Firm by the Buyer/Seller by emailing to firstname.lastname@example.org.
- MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the Buyer/Seller and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Policy, the practices of the Platform, or your experience with the Service provided by the Platform, you can contact us at email@example.com.