Welcome to the Indiaamaze.com!
Indiaamaze.com is a Social Marketplace for micro & small Producers companies, Enterprisers, Artisans, Weavers, Craft-makers ,Co-operatives and Community based Producer Organizations
(Example, Self-help groups – SHG ,etc .,) to list and sell their produce online,
and henceforth referred to as "Indiaamaze.com" platform. The
platform consists of various business services including Indiaamaze.com
Directory, Indiaamaze.com Listings, Indiaamaze.com eCommerce. The platform is
owned and operated by India Amazing, Bhubaneswar, India, having its registered
office at :- S-1/136 (HIG),NiladriVihar,Chandrasekharpur,Bhubaneswar,Odisha-751021,India, hereinafter referred as “Indiaamaze.com entity”
or “Indiaamaze.com”. In this Terms of Service wherever the word “Indiaamaze.com”
is used the same may apply and if required be interchanged or read as the word
“India Amazing”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING
FOR, ACCESSING, SELLING, BUYING, BROWSING, DOWNLOADING FROM, UPLOADING TO OR
USING THE INDIAAMAZE.COM PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS,
INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE
"TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE
IMMEDIATELY TERMINATE YOURSELF ON THE USE OF THE INDIAAMAZE.COM PLATFORM.
The following Terms of Use for the Indiaamaze.com Platform is a
legal binding agreement between Indiaamaze.com.com entity, and You ("You”,
“Your” or collectively "Users") comprising of Producer organization
users registered on the Indiaamaze.com platform, members of these
organizations, Buyers, Suppliers and all other users using the Indiaamaze.com
Platform in whatsoever manner it may be.
Unless explicitly stated otherwise, the following Terms and
Conditions are applicable for all the users of the Indiaamaze.com platform in
whatsoever manner it may be, which includes Producer organization Users,
Members, Buyers and Suppliers. All references to users using terms such as
“You” and/or “Users” shall be applicable to all the users of the Indiaamaze.com
platform.
You may not use the Indiaamaze.com Platform and may not accept
the Terms if (a) you are not 18 years old or of legal age to form a binding
agreement with Indiaamaze.com entity, or (b) you are not permitted to use any
Services under the laws of Republic of India or other countries / regions
including the country / region in which you are resident or from which you use
the Services, or (c) you are disqualified or incompetent under the provisions
of Indian Contract Act, 1972 to enter a contract.
Your use of the Indiaamaze.com Platform is subject to the
following Terms and Conditions, which may be updated by us from time to time
without notice to you. You can review the most current version of the terms and
conditions at any time at: http://www.Indiaamaze.com.com/content/terms-and-conditions.
In addition, when using particular Indiaamaze.com Platform services, you may be
subject to guidelines or rules or additional terms (which may be posted from
time to time) applicable to such services and which are incorporated by
reference. All such guidelines or rules are hereby incorporated by reference
into the Terms and Conditions. The Indiaamaze.com Platform may also offer other
services that are governed by different Terms of Service. The connotations “Privacy
policy, Disclaimer and Other Terms & Conditions” shall also be considered
an imperative part of this agreement.
1.
Eligibility
The Indiaamaze.com Platform is not available to users if (a) you
are at least 18 years old or of legal age to form a binding contract with Indiaamaze.com
entity, or (b) you are not permitted to use any Services under the laws of
Republic of India or other countries / regions including the country / region
in which you are resident or from which you use the Services, (c) you are
disqualified or incompetent under the provisions of Indian Contract Act, 1972
to enter a contract and (d) to any users
previously suspended or removed from the Indiaamaze.com Platform by Indiaamaze.com
entity.
BY
ACCESSING, BROWSING, DOWNLOADING, UPLOADING, BUYING, SELLING, OR OTHERWISE
USING THE INDIAAMAZE.COM PLATFORM, YOU REPRESENT THAT YOU ARE OF THE REQUIRED
LEGAL AGE AND ARE PERMITTED BY THE COUNTRY/REGIONAL/LOCAL LAW APPLICABLE AND
HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE INDIAAMAZE.COM PLATFORM.
2.
Individual Features and Services
When using the Indiaamaze.com Platform, You will be subject to
any additional posted guidelines or rules applicable to specific services and
features which may be posted from time to time (the "Guidelines").
All such Guidelines are hereby incorporated by reference into these Terms.
3.
Modification of these Terms
Indiaamaze.com reserves the right, at our discretion, to change,
modify, amend, add, or remove portions of these Terms at any time. Please check
these Terms and any Guidelines periodically for changes. Your continued use of
the Indiaamaze.com Platform after the posting of changes constitutes Your
binding acceptance of such changes. For any material changes to these Terms,
such amended terms will automatically be effective thirty days after they are initially
posted on the Indiaamaze.com Platform. We will always make a reasonable effort
to notify You if we do change these Terms.
4. Indiaamaze.com
Platform License Grant
4.1.
License Grant to Upload
Subject to Your
compliance with the terms and conditions set out in this Terms of Use, Indiaamaze.com
hereby grants to You a personal, limited, non-exclusive, non-transferable,
freely revocable license to use the Indiaamaze.com Platform for Producer
organization organizations, businesses and individuals alike including
uploading content and downloading content available on the website. Users can
upload content to the Indiaamaze.com Platform including but not limited to
details of the Producer organizations, the product and service offered for
sale, prices and related information and is hereinafter referred to as “User
Content”. User Content is uploaded at Your own risk. Notwithstanding any
obligations hereunder of Indiaamaze.com to protect User Content with security
measures, Indiaamaze.com cannot guarantee that there will be no unauthorized
copying, distribution or corruption of User Content nor will Indiaamaze.com be
liable for any copying, usage or corruption of the User Content not authorized
by Indiaamaze.com. You agree you are and shall remain solely responsible for
the contents of any submissions you make, and you will not submit material that
is unlawful, defamatory, abusive or obscene. You agree that you will not submit
anything to the site that will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary right(s).
4.2.
License Grant to Download
Subject to Your compliance with the terms and conditions set out
in this Terms of Use, Indiaamaze.com hereby grants to You a personal, limited,
non-exclusive, non-transferable, freely revocable license to view and download
User Content solely through the Indiaamaze.com Platform subject to the license
under which such User Content is distributed.
4.2.
License Grant to Co-operatives to e-listing Products and Services
Subject to Your compliance with the terms and conditions set out
in this Terms of Use, Indiaamaze.com hereby grants to You a personal, limited,
non-exclusive, non-transferable, freely revocable license to list your Products
and Services for Sale through the Indiaamaze.com Platform.
a) Such a listing can include commercially reasonable
information related to the products which are subject matter of your business
such as description of the offered Products and Services and their
availability, prices of the offered Products and Services and any other such
information like product specifications that are relevant in helping the
purchaser in deciding to buy the offered Products and Services.
b) You may also additionally list your own terms and conditions
over and above those imposed by Indiaamaze.com while offering to sell Your
Products and services such as price of the product, geographical area for
delivery of the purchased products and mode of payment. These additional terms
constitute an agreement between Yourself and the Buyers of the Products and
Services offered by You and Indiaamaze.com is not bound by the Terms and
Conditions listed by you on the Indiaamaze.com Platform and shall in no way
release Yourself and the Buyers of the Products and Services offered by You
from any of the obligations, restrictions and in general all the sections set
forth in this Terms and Conditions document. Any terms and conditions in
derogation or contrary to this Agreement shall be deemed to void and invalid.
c) Notwithstanding any obligations hereunder of Indiaamaze.com
under the provisions of this Terms and Conditions document, Indiaamaze.com
shall not be liable for the successful completion of the purchase of the
Products and Services offered by you by the Buyers including but not limited to
full payment, delivery indicated order in the Indiaamaze.com Platform and it is
Your sole and complete responsibility for ensuring the successful completion of
the purchase of the Products and Services offered by you by the Buyers including
but not limited to full payment, taking the delivery at the time and location
indicated at the time of placing the purchase order in the Indiaamaze.com
Platform.
4.3.
License Grant to Buyers to buy Products and Services
Subject to Your compliance with the terms and conditions set out
in this Terms of Use, Indiaamaze.com hereby grants to You a personal, limited,
non-exclusive, non-transferable, freely revocable license to browse the
information related to the Products and Services offered to sale on the Indiaamaze.com
platform by Producer organization, to buy these Products and Services and enter
the purchase related information such as the purchased quantity, mode of
payment and delivery, location and time of delivery and other such related
information.
a) Notwithstanding any obligations hereunder of Indiaamaze.com
under the provisions of this Terms and Conditions document, Indiaamaze.com
shall not be liable for accuracy and completeness of information provided by
the Producer organization including but not limited to information related to
Products and Services offered for sale by Producer organization on the Indiaamaze.com
Platform including the price of these offered Products and services.
b) Notwithstanding any obligations hereunder of Indiaamaze.com
under the provisions of this Terms and Conditions document, Indiaamaze.com
shall not be liable for complete fulfillment of your purchase of the Products
and Services purchased by You from the Producer organization on the Indiaamaze.com
Platform including but not limited to the quality and quantity of these
Products and Services as promised by the Producer organization from whom You
are making the said purchase, delivery at the place and time as agreed between
Yourself and the Producer organization from whom You are making the said
purchase. In the event of any default on the part of the Producer organization
in fulfilling the terms of the sale of the Products and Services to You
including but not those listed in Section 4.3.b of this document, it shall be
Your sole and complete responsibility to complete fulfillment of your purchase
of the Products and Services purchased by You from the Producer organization on
the Indiaamaze.com Platform including by not limited to the quality and
quantity of these Products and Services as promised by the Producer
organization from whom You are making the said purchase, delivery at the place
and time as agreed between Yourself and the the Producer organization from whom
You are making the said purchase.
c) You may also track the delivery status of the purchased
Products and services subject to the availability of such functionality on the Indiaamaze.com
Platform.
d) Unless mutually agreed between Yourself and the Producer
organization and allowed by the Indiaamaze.com Platform, You are not allowed to
cancel the confirmed purchase of Products and services offered on the Indiaamaze.com
Platform.
e) Indiaamaze.com does not recommend, endorse or certify any of
the Producer organization registered on the Indiaamaze.com Platform nor any of
the Products and Services offered for sale by the Producer organization on the Indiaamaze.com
Platform unless they have been explicitly approved by Indiaamaze.com on the Indiaamaze.com
Platform.
4.4.
Reservation of Rights
Indiaamaze.com
reserves all rights not expressly granted in this Terms of Use.
4.5.
Prevention of Unauthorized Use
Indiaamaze.com reserves the right to exercise whatever lawful
means it deems necessary to prevent unauthorized use of the Indiaamaze.com Platform,
including, but not limited to, technological barriers, IP mapping, and directly
contacting Your Internet Service Provider (ISP) regarding such unauthorized
use.
4.6.
Fees; Taxes
Indiaamaze.com provides various business services to the
Producer organization. The Indiaamaze.com Global Directory is free of charge
for Producer organization societies to publish details of their organization.
For other business services including the marketplace, Indiaamaze.com
would charge transaction fees or similar service fees to the Producer
organizations as per the terms agreed between them under respective SLAs
(Service Level Agreements). Indiaamaze.com reserves the right to charge a
non-refundable fee for using Indiaamaze.com Platform without notice in its sole
discretion. You are responsible for paying any governmental taxes imposed on
your use of the Indiaamaze.com Platform and/or Indiaamaze.com APIs, including,
but not limited to, sales, service, use or value-added taxes. To the extent Indiaamaze.com
is obligated to collect such taxes, the applicable tax will added to any fees Indiaamaze.com
may charge. Any fees paid for the usage of Indiaamaze.com Platform (wholly or
in-part) shall be non-refundable under all circumstances including but not
limited to revocation of account or non-utilization of the services of Indiaamaze.com
Platform.
5.
User Content License Grant; Representations and Warranties
5.1.
License Grant to Indiaamaze.com
Unless otherwise agreed to in a separate written agreement
between You and Indiaamaze.com that was signed by an authorized representative
of Indiaamaze.com:
a) By distributing or disseminating User Content through the Indiaamaze.com
Platform, You hereby grant to Indiaamaze.com a worldwide, non-exclusive,
transferable, assignable, fully paid-up, royalty-free, irrevocable, license to
host, transfer, display, perform, reproduce, distribute, compress or convert
for distribution, and otherwise exploit Your User Content, in any media formats
and through any media channels, solely in order to publish and promote such
User Content in connection with services offered or to be offered by Indiaamaze.com.
Such license will apply to any form, media, or technology now known or
hereafter developed.
b) By uploading User Content, You hereby warrant that Your User
Content is free of any digital rights management, including any software
designed to limit the number of times User Content may be copied or played.
c) The Users grant Indiaamaze.com royalty free, irrevocable,
unfettered, unconditional and unlimited rights in perpetuity, to utilize the
User content for commercial purposes including but not limited to
i) Marketing the user content to thirty parties,
ii) Enrichment, modification, repackaging and other kinds of processing
of User content and then marketing the result to third parties,
iii) Insertion of advertising into User content including but
not limited to Co-operatives' website on the Indiaamaze.com platform and orders
purchased by the Purchasers
5.2.
License Grant to other Indiaamaze.com users
By distributing or disseminating User Content through the Indiaamaze.com
Platform, You hereby grant to each User that is authorized to access Your User
Content a non-exclusive, irrevocable license to access and use Your User
Content. Notwithstanding the foregoing, You hereby grant to each User that is
authorized to access You User Content at least a limited, non-exclusive,
personal and irrevocable license to view and download such User Content in the
manner contemplated by these Terms and the Indiaamaze.com Platform.
5.3.
User Content Representations and Warranties
You are solely responsible for Your User Content and the
consequences of posting or publishing them. By uploading and publishing Your
User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary
licenses, rights, consents, releases and permissions to use and to authorize Indiaamaze.com
and Users of Indiaamaze.com to use Your User Content as necessary to exercise
the licenses granted by You in this section and in the manner contemplated by Indiaamaze.com
and this Terms of Use;
(2) Your User Content does not and will not:
(a) infringe, violate, or misappropriate any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary
right or
(b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware,
spyware, worms, or other malicious code.
Violators of these third-party rights may be subject to criminal
and civil liability. Indiaamaze.com reserves all rights and remedies against
any Users who violate this Terms of Use.
5.4.
User Content Disclaimer
You understand that when using the Indiaamaze.com Platform You
will be exposed to User Content from a variety of sources, and that Indiaamaze.com
is not responsible for the accuracy, usefulness, or intellectual property
rights of or relating to such User Content. You further understand and
acknowledge that You may be exposed to User Content that are inaccurate,
offensive, indecent harmful or objectionable, and You agree to waive, and
hereby do waive, any legal or equitable rights or remedies You have or may have
against Indiaamaze.com with respect thereto. Indiaamaze.com Platform does not
endorse any User Content or any opinion, recommendation, or advice expressed
therein including but not limited to the Products and Services offered for sale
by the Producer organization on the Indiaamaze.com Platform and its purchase by
the Buyers, and Indiaamaze.com expressly disclaims any and all liability in
connection with User Content including but not limited to the Products and
Services offered for sale by the Producer organization on the Indiaamaze.com
Platform and its purchase by the Buyers. If notified by a User or a content
owner of User Content that allegedly does not conform to this Terms of Use, Indiaamaze.com
may investigate the allegation and determine in its sole discretion whether to
remove the User Content, which it reserves the right to do at any time and
without notice. For clarity, Indiaamaze.com does not permit copyright
infringing activities on the Indiaamaze.com Platform.
6.
Prohibited Conduct
BY
USING THE INDIAAMAZE.COM PLATFORM YOU AGREE NOT TO:
6.1. Use the Indiaamaze.com Platform for any purposes other than
to offer products and services for sale, provide information related to the
said products and services including but not limited to product description,
prices, terms and conditions for delivery and mode of payment, browsing User
Content and to buy the said products and services by placing an order and
specifying mode, time and location of delivery and mode of payment and/or to
access the Indiaamaze.com Platform as such services are offered by Indiaamaze.com;
6.2. Rent, lease, loan, sell, resell, sublicense, distribute or
otherwise transfer the licenses granted herein or any Materials (as defined in
section 10, below);
6.3. Post, upload, or distribute any defamatory, libelous,
inappropriate, irrelevant or inaccurate User Content or other content;
6.4. Post, upload, or distribute any User Content or other
content that is unlawful or that a reasonable person could deem to be
objectionable, offensive, indecent, pornographic, invasive of another’s
privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful,
racially or ethnically offensive, or otherwise inappropriate;
6.5. Impersonate any person or entity, falsely claim an affiliation
with any person or entity, or access the Indiaamaze.com Platform accounts of
others without permission, forge another persons' digital signature,
misrepresent the source, identity, or content of information transmitted via
the Indiaamaze.com Platform, or perform any other similar fraudulent activity;
6.6. Delete the copyright or other proprietary rights on the Indiaamaze.com
Platform or User Content;
6.7. Make unsolicited offers, advertisements, proposals, or send
junk mail or spam to other Users of the Indiaamaze.com Platform. This includes,
but is not limited to, unsolicited advertising, promotional materials, or other
solicitation material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for signatures;
6.8. use the Indiaamaze.com Platform for any illegal purpose, or
in violation of any local, state, national, or international law, including,
without limitation, laws governing intellectual property and other proprietary
rights, data protection and privacy, offering products for sale that are
prohibited by law and offering for sale products that are prohibited to be sold
to Buyers who are below 18 years of age or as described in the Eligibility
clause 1 of this agreement;
6.9. Defame, harass, abuse, threaten or defraud Users of the Indiaamaze.com
Platform, or collect, or attempt to collect, personal information about Users
or third parties without their consent;
6.10. Use the Indiaamaze.com Platform if You are under the age
of eighteen (18) years old or as described in the Eligibility section 1 of this
agreement;
6.11. Remove, circumvent, disable, damage or otherwise interfere
with security-related features of the Indiaamaze.com Platform or User Content,
features that prevent or restrict use or copying of any content accessible
through the Indiaamaze.com Platform, or features that enforce limitations on
the use of the Indiaamaze.com Platform or User Content;
6.12. Reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Indiaamaze.com Platform or any part
thereof, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation;
6.13. Modify, adapt, translate or create derivative works based
upon the Indiaamaze.com Platform or any part thereof, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation;
6.14. Intentionally interfere with or damage operation of the Indiaamaze.com
Platform or any user's enjoyment of them, by any means, including uploading or
otherwise disseminating viruses, adware, spyware, worms, or other malicious
code;
6.15. Relay email from a third party’s mail servers without the
permission of that third party;
6.16. Use any robot, spider, scraper, or other automated means
to access the Indiaamaze.com Platform for any purpose or bypass any measures Indiaamaze.com
may use to prevent or restrict access to the Indiaamaze.com Platform;
6.17. Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any User Content transmitted through the Indiaamaze.com
Platform;
6.18. Interfere with or disrupt the Indiaamaze.com Platform or
servers or networks connected to the Indiaamaze.com Platform, or disobey any
requirements, procedures, policies or regulations of networks connected to the Indiaamaze.com
Platform; or
6.19. Post, upload or distribute marketing material for products
and services other than those that are offered for sale via Indiaamaze.com
platform, advertisements, spam, content designed to aid search engine
optimization, content in HTML format with links or redirects, or other
commercial content that detracts from the Indiaamaze.com.com experience.
7.
Account
When You use the Indiaamaze.com Platform to upload and/or
download content or any products, services, or information from Indiaamaze.com,
You may be asked to provide a password. You are solely responsible for
maintaining the confidentiality of Your account and password and for restricting
access to Your computer, and You agree to accept responsibility for all
activities that occur under Your account or password. You agree that the
information You provide to Indiaamaze.com on registration and at all other
times will be true, accurate, current, and complete. You also agree that You
will ensure that this information is kept accurate and up-to-date at all times.
If You have reason to believe that Your account is no longer secure (e.g., in
the event of a loss, theft or unauthorized disclosure or use of Your account
ID, password, or any credit, debit or charge card number, if applicable), then
You agree to immediately notify Indiaamaze.com. You may be liable for the
losses incurred by Indiaamaze.com or others due to any unauthorized use of Your
Indiaamaze.com Platform account.
8.
Third-Party Sites, Products and Services; Links
The Indiaamaze.com Platform may include links or references to
other web sites or services solely as a convenience to Users ("Reference
Sites"). Indiaamaze.com does not endorse any such Reference Sites or the
information, materials, products, or services contained on or accessible
through Reference Sites. In addition, Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the Indiaamaze.com
Platform are solely between You and such advertiser. Access and use of
Reference Sites, including the information, materials, products, and services
on or available through Reference Sites is solely at Your own risk.
9.
Termination; Terms of Use Violations
9.1.
Indiaamaze.com
You agree that Indiaamaze.com, in its sole discretion, for any
or no reason, and without penalty, may terminate any account (or any part
thereof) You may have with Indiaamaze.com or Your use of the Indiaamaze.com
Platform and remove and discard all or any part of Your account, User profile,
and any User Content, at any time. Indiaamaze.com may also in its sole
discretion and at any time discontinue providing access to the Indiaamaze.com
Platform, or any part thereof, with or without notice. You agree that any
termination of Your access to the Indiaamaze.com Platform or any account You
may have or portion thereof may be effected without prior notice, and You agree
that Indiaamaze.com will not be liable to You or any third party for any such
termination. Any suspected fraudulent, abusive, or illegal activity may be
referred to appropriate law enforcement authorities. These remedies are in
addition to any other remedies Indiaamaze.com may have at law or in equity. As
discussed herein, Indiaamaze.com does not permit copyright infringing
activities on the Indiaamaze.com Platform, and will terminate access to the Indiaamaze.com
Platform, and remove all User Content or other content submitted by any Users
who are found to be repeat infringers. Indiaamaze.com also reserves the right
to terminate Your use of the Indiaamaze.com Platform and remove all User
Content including pending purchase orders submitted or received, or other
content submitted by You in case You are found to be defaulting on delivery of
purchase orders for Products and Services offered by you or on payment against
the products and services delivered against purchase orders placed by You on
the Indiaamaze.com Platform. The decision of Indiaamaze.com on the occurrence
of such a default shall be final and binding on You.
9.2.
You
Your only remedy with respect to any dissatisfaction with (i)
the Indiaamaze.com Platform, (ii) any term of this Terms of Use, (iii) any
policy or practice of Indiaamaze.com in operating the Indiaamaze.com Platform,
(iv) any content or information transmitted through the Indiaamaze.com
Platform, (v) quality and prices of Products and Services offered for sale by
Producer organization using the Indiaamaze.com Platform, is to terminate this
Terms of Use and Your account. You may terminate this Terms of Use at any time
by discontinuing use of any and all parts of the Indiaamaze.com Platform.
10.
Ownership; Proprietary Rights
The Indiaamaze.com Platform is owned and operated by India Amazing.
The visual interfaces, graphics, design, compilation, information, computer
code (including source code or object code), and all other elements of the Indiaamaze.com
Platform provided by Indiaamaze.com (the "Materials") are protected
by Republic of India copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and
proprietary rights, and applicable laws. Except for any User Content that are
provided and owned by Users, all Materials contained on the Indiaamaze.com
Platform are the property of Indiaamaze.com or its subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service marks, and
trade names are proprietary to Indiaamaze.com or its affiliates and/or
third-party licensors. Except as expressly authorized by Indiaamaze.com, You
agree not to sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works from, or
otherwise make unauthorized use of the Materials. Indiaamaze.com reserves all
rights not expressly granted in this Terms of Use.
11.
Indentification
You agree to indemnify, save, and hold Indiaamaze.com, its
affiliated companies, contractors, employees, agents and its third-party
suppliers, licensors, and partners harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of Your use or
misuse of the Indiaamaze.com Platform, any violation by You of these Terms, or
any breach of the representations, warranties, and covenants made by You
herein. Indiaamaze.com reserves the right, at Your expense, to assume the
exclusive defense and control of any matter for which You are required to
indemnify Indiaamaze.com, and You agree to cooperate with Indiaamaze.com’
defense of these claims. Indiaamaze.com will use reasonable efforts to notify
You of any such claim, action, or proceeding upon becoming aware of it.
YOU SPECIFICALLY AGREE THAT INDIAAMAZE.COM SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH AN INDIAAMAZE.COM PLATFORM. YOU SPECIFICALLY
AGREE THAT INDIAAMAZE.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT INDIAAMAZE.COM IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN AN INDIAAMAZE.COM PLATFORM BY ANY THIRD
PARTY.
12.
Disclaimers; No Warranties
12.1.
No warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIAAMAZE.COM,
AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
PRODUCER ORGANIZATIONABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS RELATED TO BOTH THE INDIAAMAZE.COM
PLATFORM AND PRODUCTS AND SERVICES OFFERED FOR SALE ON THE INDIAAMAZE.COM
PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM INDIAAMAZE.COM OR THROUGH THE INDIAAMAZE.COM PLATFORM WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN
THIS SECTION 12, THE TERM INDIAAMAZE.COM INCLUDES INDIAAMAZE.COM'S OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2.
"As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT THE USE OF THE INDIAAMAZE.COM PLATFORM
IS AT YOUR SOLE RISK. THE INDIAAMAZE.COM PLATFORM AND ANY DATA, INFORMATION,
THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), PICTURES,
REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH
OR THROUGH THE INDIAAMAZE.COM PLATFORM ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3.
Platform Operation and User Content
INDIAAMAZE.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND
PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT),
FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE INDIAAMAZE.COM PLATFORM
OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR
OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE
CORRECTED.
12.4.
Accuracy
INDIAAMAZE.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND
PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE INDIAAMAZE.COM PLATFORM OR ANY REFERENCE SITES IN
TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5.
Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE INDIAAMAZE.COM
PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH
MATERIAL OR DATA AND YOU EXPLICITLY AGREE TO INDEMNIFY, SAVE, AND HOLD INDIAAMAZE.COM,
ITS SUPPLIERS, LICENSORS, AFFILIATES, PRODUCER ORGANIZATION AND PARTNERS
HARMLESS FROM ANY CLAIM, LOSSES, DAMAGES, LIABILITIES INCLUDING LEGAL FEES AND
EXPENSES.
12.6.
Uploaded Content
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY INDIAAMAZE.COM
HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO
ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE
SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER
CIRCUMVENTION OF SUCH SECURITY MEASURES.
13.
Limitation of Liability and Damages
13.1.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, WILL INDIAAMAZE.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,
AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL
COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF
ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF
ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT
FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT
AND COMMERCIAL CONTENT) ON THE INDIAAMAZE.COM PLATFORM OR ANY REFERENCE SITES,
OR ANY OTHER INTERACTIONS WITH INDIAAMAZE.COM, EVEN IF INDIAAMAZE.COM OR AN INDIAAMAZE.COM
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2.
Limitation of Damages
IN NO EVENT WILL INDIAAMAZE.COM OR ITS AFFILIATES, CONTRACTORS,
EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF
OR RELATING TO THESE TERMS, YOUR USE OF THE INDIAAMAZE.COM PLATFORM OR YOUR
INTERACTION WITH OTHER INDIAAMAZE.COM PLATFORM USERS (WHETHER IN CONTRACT, TORT
INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THE INDIAAMAZE.COM PLATFORM DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR RUPEES ONE THOUSAND, WHICHEVER
IS GREATER.
13.3.
Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED
ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN INDIAAMAZE.COM
AND RECEIVED THROUGH OR ADVERTISED ON THE INDIAAMAZE.COM PLATFORM OR RECEIVED
THROUGH ANY REFERENCE SITES.
13.4.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT INDIAAMAZE.COM HAS OFFERED ITS
PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE
UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND INDIAAMAZE.COM,
AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND INDIAAMAZE.COM. INDIAAMAZE.COM
WOULD NOT BE ABLE TO PROVIDE THE INDIAAMAZE.COM PLATFORM TO YOU ON AN
ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5.
Limitations by Applicable Law and severability
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR
UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE
INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID,
ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL
PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS
OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT
BETWEEN THE USER AND INDIAAMAZE.COM WITH RESPECT TO THE INDIAAMAZE.COM PLATFORM
AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS,
WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND INDIAAMAZE.COM WITH
RESPECT TO THE INDIAAMAZE.COM PLATFORM.
14.
COMMUNICATIONS SERVICES
The Services may contain e-mail services, SMS services, bulletin
board services, Product and Service catalogs, Product and Service purchase
functionality, chat areas, news groups, forums, communities, personal web
pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate with others
(each a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using the Services, you will not:
14.1. Use the Services in connection with surveys, contests,
promotions, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
14.2. Upload, post, email, otherwise transmit, or post links to Indiaamaze.com
Platform with respect to any raffle, contest or game requiring a fee by
participants.
14.3. Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others.
14.4. Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
14.5. Upload, post, email, otherwise transmit, or post links
that exploit the images of children or people under the age of 18; or that
disclose personally identifying information belonging to children or people
under the age of 18 or harm minors in any other way or make any sexual request
on behalf of a minor or make any sexual request of a minor.
14.6. "Stalk" or otherwise harass another.
14.7. Use, download or otherwise copy, or make available
(whether or not for a fee) to a person or entity: any directory of users of the
Services or other user or usage information or any portion thereof;
14.8. Upload, download, use, or otherwise copy, or make
available (whether or not for a fee) any file(s) that contain text, images,
photographs, software or other material protected by trade secret, or any
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark or service mark or patent laws (or by rights
of privacy or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
14.9. Use any material or information which are made available
through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
14.10. Modify, publish, transmit, settle, transfer or sell,
reproduce, create derivative works from, distribute, perform, link, display or
in any way exploit Indiaamaze.com Platform database other than for the limited
purposes for which material is licensed for your use.
14.11. Use or exploit any part of the Site or any software
deployed in connection with the Site as, or as the content of, a service
offered or supplied to other persons or entities without the express written
consent of Indiaamaze.com Platform. For example, you will not create a site or
maintain a site that links to our Site for the purpose of using, indexing,
reformatting, or searching and retrieving, material from our site for the
benefit of users of your site, without our knowledge and express consent; we
want those users to come directly to our site to obtain material as we have
spent considerable time, effort, and financial resources to build and maintain
the Site and to attract submissions of Code and Documents, and to attract a
wide base of users.
14.12. Decompile, disassemble, modify, translate, adapt, reverse
engineer, create derivative works from, or sublicense any software deployed in
connection with Indiaamaze.com Platform's delivery and operations. Your access
to Indiaamaze.com Platform is limited to your rights to use Services to which
you are entitled to use, and only for the limited purposes of your licensed use
of such Services.
14.13. Upload, post, email, otherwise transmit, or post links
to, any content that facilitates hacking or that promotes any illegal activity,
including instructions for illegal activity.
14.14. Upload files that contain viruses, worms, trojan horses,
time bombs, trap doors, cancelbots, corrupted files, or any other similar
software or programs or malicious code that may damage the operation of
another's computer or property of another or are intended to interrupt, destroy
or limit the functionality of Indiaamaze.com Platform.
14.15. Use automated means, including spiders, robots, crawlers,
agents, or the like to download data from any database of Indiaamaze.com
Platform, or from the Site itself (for example, site or page scraping is
prohibited).
14.16. Exploit known or unknown weaknesses of the scripts or
servers to disrupt or alter the Site's operation.
14.17. Advertise or offer to sell or buy any goods or services
for any business purpose except those that are intended to be offered for sale
on the Indiaamaze.com Platform and are compliant with the terms and conditions
in set forth in Section 6.8 above and unless such Communications Service
specifically allows such messages.
14.18. Download any file posted by another user of the Services
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
14.19. Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
14.20. Restrict or inhibit any other user from using and
enjoying the Services.
14.21. Violate any code of conduct or other guidelines which may
be applicable for any particular Service.
14.22. Harvest or otherwise collect or store information about
others, including e-mail addresses.
14.23. Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
14.24. Violate any applicable laws or regulations.
14.25. Create a false identity for the purpose of misleading
others.
14.26. Impersonate any person, including an employee,
contractor, forum leader, guide or host of Indiaamaze.com Platform, or falsely
state or otherwise misrepresent your affiliation with a person or entity.
14.27. Employ misleading email addresses or falsify information
in the header, footer, return path, or any part of any communication, including
emails, transmitted through Indiaamaze.com Platform.
14.28. Create multiple accounts with the purpose of altering
polls or affecting voting.
14.29. Upload, post, email, otherwise transmit, or post links to
any material, or act in any manner, that is offensive to Indiaamaze.com
Platform community or the spirit of these Terms of Service.
14.30. Breach any posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering to such limitations if
you download the materials.
14.31. Upload or otherwise make known your user and password for
accessing the Indiaamaze.com Platform. Your user and password grants you the
license to use the Indiaamaze.com Platform and is not transferable.
15.
Copyrights and Trademark Notice
Any rights not expressly granted herein are reserved. Specific
material may also be copyright of the respective authors/owners. By using any
of the material on Indiaamaze.com, or accessing the Site, you understand that
you have read and agreed to the above Terms of service (TOS). These Terms of
Service will be strictly enforced.
Indiaamaze.com.com is trademarks of India Amazing.
16.
Privacy
Your privacy is important to Indiaamaze.com. Indiaamaze.com's
Privacy Policy is hereby incorporated into these Terms by reference. Please
read this notice carefully for information relating to Indiaamaze.com’
collection, use, and disclosure of Your personal information.
INDIAAMAZE.COM RESERVES THE RIGHT TO DISCLOSE ANY PERSONAL
INFORMATION ABOUT YOU OR YOUR USE OF THE INDIAAMAZE.COM PLATFORM, INCLUDING ITS
CONTENTS, WITHOUT YOUR PRIOR PERMISSION IF INDIAAMAZE.COM HAS A GOOD FAITH
BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO LEGAL REQUIREMENTS OR
COMPLY WITH LEGAL PROCESS; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF INDIAAMAZE.COM
OR ITS AFFILIATED COMPANIES; (3) ENFORCE THE TERMS OR USE; OR (4) ACT TO
PROTECT THE INTERESTS OF ITS MEMBERS OR OTHERS. INDIAAMAZE.COM PERFORMANCE OF
THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING
CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF INDIAAMAZE.COM' RIGHT TO COMPLY
WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING
TO YOUR USE OF THE INDIAAMAZE.COM PLATFORM OR INFORMATION PROVIDED TO OR
GATHERED BY INDIAAMAZE.COM WITH RESPECT TO SUCH USE.
Personal information can be disclosed when you use specific
modules on Indiaamaze.com Platform meant for dissemination of personal
information such as but not limiting to information related to Products and
Services offered for sale, orders placed for purchasing the products and
services and associated information including but not limited to payment
information and order fulfillment details including but not limited to address
of delivery, payment mode. If you wish to retain your privacy, do not maintain
your information in these modules.
17.
Covenants of Users
17.1: Producer organizations shall ensure that the best service
standards in the industry are adopted and shall ensure delivery of all goods
and services purchased for Purchasers in accordance with the highest standards.
The Producer organization assures and guarantees to Indiaamaze.com and the
Purchasers that all licenses and registrations required by the various local,
state and central government agencies, laws, rules and regulations are in full
force and effect to enable the Producer organization to carry on the business
of sale of goods and services.
The Producer organization assures further and guarantees to Indiaamaze.com
that the following products and services shall not be advertised, displayed or
sold on the Indiaamaze.com Platform and / or any related transactions processed
through the Indiaamaze.com Platform 1) Adult goods and services which includes
pornography and other sexually suggestive materials (including literature,
imagery and other media); escort or prostitution services 2) Alcohol which
includes Alcohol or alcoholic beverages such as beer, liquor, wine, or
champagne 3) Body parts which includes organs or other body parts 4) Bulk
marketing tools which includes email lists, software, or other products
enabling unsolicited email messages (spam) 5) Cable descramblers and black
boxes which includes devices intended to obtain cable and satellite signals for
free 6) Child pornography which includes pornographic materials involving
minors 7) Copyright unlocking devices which includes Mod chips or other devices
designed to circumvent copyright protection 8) Copyrighted media which includes
unauthorized copies of books, music, movies, and other licensed or protected
materials 9) Copyrighted software which includes unauthorized copies of
software, video games and other licensed or protected materials, including OEM
or bundled software 10) Counterfeit and unauthorized goods which includes
replicas or imitations of designer goods; items without a celebrity endorsement
that would normally require such an association; fake autographs, counterfeit
stamps, and other potentially unauthorized goods 11) Drugs and drug
paraphernalia which includes illegal drugs and drug accessories, including
herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids
which includes drug cleansing shakes, urine test additives, and related items
13) Endangered species which includes plants, animals or other organisms
(including product derivatives) in danger of extinction 14) Gaming/gambling
which includes lottery tickets, spora bets, memberships/ enrollment in online
gambling sites, and related content 15) Government IDs or documents which
includes fake IDs, passports, diplomas, and noble titles 16) Hacking and
cracking materials which includes manuals, how-to guides, information, or
equipment enabling illegal access to software, servers, websites, or other
protected property 17) Illegal goods which includes materials. Products, or information
promoting illegal goods or enabling illegal acts 18) Miracle cures which
includes unsubstantiated cures, remedies or other items marketed as quick
health fixes 19) Offensive goods which includes literature, products or other-
materials that: a) Defame or slander any person or groups of people based on
race, ethnicity, national origin, religion, sex, or other factors b) Encourage
or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods,
crime which includes crime scene photos or items, such as personal belongings,
associated with criminals 21) Prescription drugs or herbal drugs or any kind of
online pharmacies which includes drugs or other products requiring a
prescription by a licensed medical practitioner 22) Pyrotechnic devices and
hazardous materials which includes Fireworks and related goods; toxic,
flammable, and radioactive materials and substances 23) Regulated goods which
includes air bags; batteries containing mercury; Freon or- similar
substances/refrigerants; chemical/industrial solvents; government uniforms; car
titles; license plates; police badges and law enforcement equipment;
lock-picking devices; pesticides; postage meters; recalled items; slot
machines; surveillance equipment; goods regulated by government or other agency
specifications 24) Securities which includes stocks, bonds, or related
financial products 25) Tobacco and cigarettes which includes cigarettes,
cigars, chewing tobacco, and related products 26) Traffic devices which
includes radar detectors/jammers, license plate covers, traffic signal
changers, and related products 27) Weapons which includes firearms, ammunition.
knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency
which includes discounted currencies or currency exchanges 29) l.ive animals
30) Multi level Marketing collection fees 31) Matrix sites or sites using a
matrix scheme approach 32) Work-at-home information 33) Drop-shipped
merchandise 34) Jewelry made from Ivory and 35) Any product or service which is
not in compliance with the laws of Republic of India and the all applicable
laws and regulations whether federal, state, local or international.
17.2: The Producer organization shall duly fulfill all Purchase
Orders in accordance with the instructions of the Purchaser. The Producer
organization will not acknowledge a Purchase Order as "Shipped/Order
executed" or any status providing an impression of fulfillment of the
Purchase Order until after the Goods has already been shipped or the services
rendered or the order is completed / executed. Producer organization agrees to
deliver all merchandise to Customers and render all services and/or complete/
execute all orders expeditiously and without delay or as per the terms of the
Purchase Order.
17.3: The Producer organization shall prior to accepting any
instructions from the Purchaser ensure that appropriate agreements have been
executed with the Purchaser in accordance with the requirements of applicable
law and regulations.
17.4: The Producer organization shall carry out all
verifications regarding the Purchaser as may be required on an independent
basis. The Producer organization is aware that Indiaamaze.com is not
guaranteeing any transactions with the Purchasers in any manner whatsoever. The
Producer organization assures that the Purchasers will place the orders
themselves and agree not to place orders on behalf of other Purchasers.
17.5: The Purchaser shall carry out all verifications regarding
the Producer organization and the goods and services offered for sale on the Indiaamaze.com
Platform as may be required on an independent basis. The Purchaser is aware
that Indiaamaze.com is not guaranteeing any transactions with the Producer
organization in any manner whatsoever.
17.6: Indiaamaze.com shall not be a party to the Agreement
between the Purchaser and the Producer organization in any manner whatsoever.
All contracts are directly between the Producer organization and the
Purchasers.
17.7: Notwithstanding the aforesaid, the Producer organization
assures and guarantees to Indiaamaze.com the due performance of all Purchase
Orders which have been placed by the Purchaser and accepted by the Producer
organization. ln the event of any Purchaser complaining of any deficiency in
Service including but not limited to the quality and quantity of the goods
delivered, time and place of delivery, the Producer organization shall take
such measures as may be required to rectify the same
17.8: Indiaamaze.com shall be entitled to prohibit the display
of any material on the Indiaamaze.com Platform if the act or manner of such
display is contrary to any applicable law, regulation, government policy, order
or guideline including all applicable foreign laws and regulations or which is
detrimental or harmful to the interest of Indiaamaze.com and/or Purchasers, in
the sole and exclusive opinion of Indiaamaze.com.
17.9: Indiaamaze.com shall be entitled to publish notices,
disclaimers and indemnities at the Sub Producer organization's Site in the
manner and extent deemed necessary by Indiaamaze.com.
17.10: The Producer organization shall bear and be responsible
for the payment of all relevant taxes (including any applicable withholding
taxes) due upon the fulfillment of Purchase Orders placed on the Indiaamaze.com
platform.
17.11: Producer organization shall not (whether online or
otherwise)
a) describe himself/herself/itself as agent or representative of
Indiaamaze.com or the Indiaamaze.com Platform.
b) make any representations to Purchasers or any third party or
to give any warranties which may require Indiaamaze.com to undertake to or be
liable for, whether directly or indirectly, any obligation and/or
responsibility to Customer or any third party.
17.12: The Producer organization has the full right and/or
authority to offer goods and services for sale on the Indiaamaze.com Platform
and that it has and shall observe and comply with the applicable laws and
regulations in each applicable jurisdiction including without limitation, all
applicable licensing, securities, stamp duty, income-taxes and other taxes and
other censorship regulations and laws whether in India or otherwise. The
Producer organization shall provide Indiaamaze.com with such information and/or
assistance as is required by Indiaamaze.com for the performance of the Indiaamaze.com
Platform and/or any other obligations of Indiaamaze.com under this Agreement
and the relevant local, state and central Government laws, rules and
regulations.
17.13: The Producer organization shall not at any time require
the Purchaser to provide the Producer organization with any details of the
accounts held by them on the Indiaamaze.com Platform or any other confidential
information including but not limited to their bank accounts, passwords, Credit
and Debit card numbers and PIN numbers.
17.14: The Producer organization shall not use the Indiaamaze.com
Platform in any manner or in furtherance of any activity, which constitutes a
violation of any law or regulation or which may cause Indiaamaze.com and Indiaamaze.com
to be subject to investigation, prosecution or legal action. The Producer
organization shall use the information regarding Purchasers and in general all
Users including but not limited name, address, e-mail address, telephone
numbers and other data conveyed to the Producer organization by the Indiaamaze.com
Platform or Indiaamaze.com, only for the purpose of completing the transactions
for which it was furnished and not to sell or otherwise furnish such information
to others unless the Producer organization has an independent source of such
information or obtains the express consent of such Purchaser or User.
17.15: The Producer organization shall inform Indiaamaze.com of
its change of ownership or legal status or its cessation of business in writing
30 working days prior to its effective date.
17.16: The Producer organization understands and agrees to
comply with all applicable standards, including the rules set Indiaamaze.com.
17.17: The Producer organization agrees and undertakes that on
an ongoing basis the Producer organization will promptly provide Indiaamaze.com
with all the updated information including current addresses of each of its
offices and other relevant details for the Indiaamaze.com Directory.
17.18: The Producer organization acknowledges that Indiaamaze.com
is the sole and exclusive owner of its Trade Marks and Copyrights and agrees
that the Producer organization will not contest the ownership of the said Trade
Marks and Copyrights for any reason whatsoever. The Producer organization
agrees that Indiaamaze.com may at any time, immediately and without advance
notice, prohibit the Producer organization from using any of the Marks for any
reason.
18.
Miscellaneous
18.1.
Notice
Indiaamaze.com may provide You with notices, including those
regarding changes to Indiaamaze.com’ terms and conditions, by email, regular
mail, or postings on the Indiaamaze.com Platform. Notice will be deemed given
twenty-four hours after email is sent, unless Indiaamaze.com is notified that
the email address is invalid. Alternatively, we may give You legal notice by
mail to a postal address, if provided by You through the Indiaamaze.com
Platform. In such case, notice will be deemed given three days after the date
of mailing. Notice posted on the Indiaamaze.com Platform is deemed given 30
days following the initial posting.
18.2.
Waiver
The failure of Indiaamaze.com to exercise or enforce any right
or provision of these Terms will not constitute a waiver of such right or
provision. Any waiver of any provision of these Terms will be effective only if
in writing and signed by authorized Indiaamaze.com personnel.
18.3.
Governing Law
THIS AGREEMENT IS GOVERNED BY THE LAWS OF REPUBLIC OF INDIA. YOU
HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN
BHUBANESWAR, ODISHA, INDIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE
USE OF THE INDIAAMAZE.COM PLATFORM. USE OF THE INDIAAMAZE.COM PLATFORM IS
UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF
THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
18.4.
Severability
If any provision of these Terms or any Guidelines is held to be
unlawful, void, or for any reason unenforceable, then that provision will be
limited or eliminated from these Terms to the minimum extent necessary and will
not affect the validity and enforceability of any remaining provisions.
18.5.
Assignment
These Terms and related Guidelines, and any rights and licenses
granted hereunder, may not be transferred or assigned by You, but may be
assigned by Indiaamaze.com without restriction. Any assignment attempted to be
made in violation of this Terms of Use shall be void.
18.6. Survival
Upon termination of these Terms, any provision which, by its nature
or express terms should survive, will survive such termination or expiration,
including, but not limited to, sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 and 18.
18.7. Headings
The heading references herein are for convenience purposes only,
do not constitute a part of these Terms, and will not be deemed to limit or
affect any of the provisions hereof.
18.8. Claims
YOU AND INDIAAMAZE.COM AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE INDIAAMAZE.COM PLATFORM MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED BY LIMITATION OF TIME.