Terms & Conditions
The following agreement captures the terms and conditions of
use ("Agreement"), applicable to Your use of www.dbohra.com ("Web Site"),
which promotes business between suppliers and buyers globally. It is an
agreement between You as the user of the Website and Dbohra Consultancy LLP
(Owner) the Owner of the Website. The expressions “You” “Your” or “User(s)”
refers to any person who accesses or uses the Website for any purpose.
By subscribing to or interacting with other User(s) on or entering into
negotiations in respect of sale or supply of goods or services on or using the
Website in any manner for any purpose, You undertake and agree that You have
fully read, understood and accepted the Agreement.
If You do not agree to or do not wish to be bound by the Agreement, You may not
access or otherwise use the Website in any manner.
- Website-Merely a Venue/Platform
- User(s) Eligibility
- User(s) Agreement
- Amendment to the Agreement
- Links to Third Party Sites/Content
- Termination
- Registered User(s)
- Data Protection/Personal Information
- Posting your Contents on Website
- Interactions between User(s)
- Indemnification
- Limitations of Liability/Disclaimer
- Governing Law and Disputes Resolutions
- General/Miscellaneous
- Pharmaceutical Product/Service Policies
I. WEBSITE- MERELY A VENUE/PLATFORM
The Website acts as a match-making platform for User(s) to negotiate and
interact with other User(s) for entering into negotiations in respect thereof
for sale or supply of goods or services. The Owners are not parties to any
negotiations that take place between the User(s) of the Website and are further
not parties to any agreement including an agreement for sale or supply of goods
or services or otherwise, concluded between the User(s) of the Website. Also, website offers certain
services like Business counselling and organised business expo.
The Owner does not control and is not
liable in respect of or responsible for the quality, safety, genuineness,
lawfulness or availability of the products or services offered for sale on
the Website or the ability of the User(s) selling or supplying the goods or
services to complete a sale or the ability of User(s) purchasing goods or
services to complete a purchase. This agreement shall not be deemed to create
any partnership, joint venture, or any other joint business relationship
between The Owner and any other party.
II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the
services provided by The Owner , including but limited to the Website or any
other services provided by The Owner in relation
to the use of the Website (dbohra’s Services"). dbohra’s
Services can only be availed by those individuals or business
entities, including sole proprietorship firms, companies and partnerships,
which are authorized under applicable law to form legally binding agreements.
As such, natural persons below 18 years of age and business entities or
organizations that are not authorized by law to operate in India or other
countries are not authorized to avail or use dbohra’s Services
User(s) agree to abide by the Agreement and any other rules and regulations
imposed by the applicable law from time to time. The Owner or the website
shall have no liability to the User(s) or anyone else for any content,
information or any other material transmitted over dbohra’s Services,
including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive,
or illicit material and that the risk of damage from such material rests
entirely with each User(s). The user shall do its own due diligence before
entering into any transaction with other users on the website. The Owner at its
sole discretion reserves the right to refuse Dbohra’s Services to
anyone at any time. Dbohra’s Services are not available and
may not be availed or used by User(s) whose Accounts have been temporarily or
indefinitely suspended by The Owner .
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Website or
uses Dbohra’s Services for any purpose. It also applies
to any legal entity which may be represented by any person who accesses or uses
the Website, under actual or apparent authority. User(s) may use this Website
and/or Dbohra’s Services solely for their commercial/business
purposes.
This Agreement applies to all services offered on the Website and by The Owner ,
collectively with any additional terms and conditions that may be applicable in
respect of any specific service used or accessed by User(s) on the Website. In
the event of any conflict or inconsistency between any provision of this
Agreement and any additional terms and conditions applicable in respect of any
service offered on the Website, such additional terms and conditions applicable
in respect of that service shall prevail over this Agreement.
IV. AMENDMENT TO USER(S) AGREEMENT
The Owner reserves the right to
change, modify, amend, or update the Agreement from time to time and such
amended provisions of the Agreement shall be effective immediately upon being
posted on the Website. If You do not agree to such provisions, we request
you that you may please stop using the service with immediate
effect. Your continuous use of the service will be deemed to
signify Your acceptance of the amended provisions of the Agreement.
V. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Website as a convenience to
User(s). User(s) acknowledge and agree that the Website or The Owner does not
have any control over the content of such websites and/ or any information,
resources or materials provided therein.
The Owner may allow User(s) access to content, products or services offered by
third parties through hyperlinks (in the form of word link, banners, channels
or otherwise) to the websites offered by such third parties ("Third
Party Websites"). The Owner advises its User(s) to read the terms and
conditions of use and/or privacy policies applicable in respect of such Third
Party Websites prior to using or accessing such Third Party Websites. Users
acknowledge and agree that The Owner has
no control over any content offered on Third Party Websites, does not monitor
such Third Party Websites, and shall in no manner be deemed to be liable or
responsible to any person for such Third Party Sites, or any content, products
or services made available thereof.
VI. TERMINATION
Most content and some of the features on the Website are made
available to User(s) free of charge. However, The Owner reserves the right
to terminate access to certain areas or features of the Website (to registered
User(s)) at any time without assigning any reason and with or without notice to
such User(s). The Owner also reserves the universal right to deny access to
particular User(s) to any or all of its services or content without any prior
notice or explanation in order to protect the interests of website and/ or
other User(s) of the Website. The Owner further
reserves the right to limit, deny or create different access to the Website and
its features with respect to different User(s), or to change any or all of the
features of the Website or introduce new features without any prior notice to
User(s).
The Owner reserves the right to
terminate the membership/subscription of any User(s) temporarily or permanently
for any of the following reasons:
(a) If any false information in connection with their account registered with
Website is provided by such User(s), or if such User(s) are engaged in
fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Website to send spam messages or repeatedly
publish the same product information.
(d) If such User(s) posts any material that is not related to trade or business
cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or
business entity’s name to post information or conduct business in any
manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or
control of the Website database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username
and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics
and honest business practices.
VII. REGISTERED USER(S)
To become a registered User(s) of the Website a proper procedure has been made
available on the Website which is for the convenience of User(s) so that they
can easily use the website.
User(s) can become registered User(s) by filling an on-line registration
form on the Website by providing the required information (including name, contact
information, details of User(s) business, etc.). The Owner will establish an
account ("Account") for the User(s) upon successful registration and
will assign a user alias ("User ID") and password
("Password") for log-in access to the User(s)’s Account.
User(s) registering on the Website on behalf of business entities represent and
warrant that: (a) they have the requisite authority to bind such business
entity this Agreement; (b) the address provided by such User(s) at the time of
registration is the principal place of business of such business entity; and
(c) all other information provided to The Owner during the registration process
is true, accurate, current and complete.
User(s) agree that by registering on the Website, they consent to the inclusion
of their personal data and authorize The Owner to share such information with
other User(s). The Owner may refuse registration and deny the membership and
associated User ID and Password to any User(s) for whatever reason. The Owner may
suspend or terminate a registered membership at any time without any prior
notification in interest of The Owner or general interest of its User(s)
without assigning any reason thereof and there shall arise no further liability
on The Owner of whatsoever nature due to the suspension or termination of the
User account. User(s) registered on the Website are in no manner a part of or
affiliated to The Owner .
User(s) further agree and consent to be contacted by The Owner through phone
calls, SMS notifications or any other means of communication, in respect to the
services provided by The Owner
VIII. DATA PROTECTION
Personal information supplied by User(s) during the use of the Website is
governed by website privacy policy ("Privacy Policy").
IX. POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Website is provided or posted by third
parties. User(s) can post their content on some of the sections/services of the
Website using the self-help submit and edit tools made at the respective
sections of the Website. User(s) may need to register for availing these
services.
User(s) understand and agree that The Owner in such case is not the author
of the content and that neither The Owner nor any of its affiliates, directors,
officers or employees have entered into any arrangement including any agreement
of sale or agency with such third parties by virtue of the display of such
content on the Website. User(s) further understand and agree The Owner is not
responsible for the accuracy, propriety, lawfulness or truthfulness of any
third party content made available on the Website and shall not be liable to
any User(s) in connection with any damage suffered by the User(s) on account of
the User(s)’s reliance on such content. The Owner shall not be liable for a
User(s) activities on the Website, and shall not be liable to any person in
connection with any damage suffered by any person as a result of any User's
conduct.
User(s) solely represent, warrant and agree to:
(a) Provide The Owner with true, accurate, current and complete information
to be displayed on the Website;
(b) Maintain and promptly amend all information provided on the Website to keep
it true, accurate, current and complete.
User(s) hereby grant The Owner an
irrevocable, perpetual, worldwide and royalty-free license to display and use
all information provided by them in accordance with the purposes set forth in
the Agreement and to exercise the copyright, publicity and database rights
User(s) have in such material or information, in any form of media, third party
copyrights, trademarks, trade secret rights, patents and other personal or
proprietary rights affecting or relating to material or information displayed
on the Website, including but not limited to rights of personality and rights
of privacy, or affecting or relating to products that are offered or displayed
on the Website (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely
responsible for ensuring that any material or information posted by User(s) on
the Website or provided to the Website or authorized by the User(s) for display
on the Website, does not, and that the products represented thereby do not,
violate any Third Party Rights, or is posted with the permission of the Owner (s)
of such Third Party Rights. User(s) hereby represent, warrant and agree that
they have the right to manufacture, offer, sell, import and distribute the
products offered and displayed on the Website, and that such manufacture,
offer, sale, importation and/or distribution of those products violates no
Third Party Rights.
User(s) agree that they will not use The Owner /Dbohra® Content and/or
dbohra’s Services to send junk mail, chain letters or spamming. Further,
registered User(s) of the Website agree that they will not use the Email
Account to publish, distribute, transmit or circulate any unsolicited
advertising or promotional information. User(s) further hereby represent,
warrant and agree (i) to host, display, upload, modify, publish, transmit,
store, update or share; or (ii) submit to The Owner for display on the Website
or transmit or sought to be transmitted through dbohra’s Services any
content, material or information that does not and shall at no point:
· Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
· Belong to another person and to which User(s) do not have any right to;
· Be part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose;
· Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
· Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
· Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
· Threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
· Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
· Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for The Owner or its affiliates.
The Owner reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Website which in The Owner ’s reasonable belief is unlawful or could subject The Owner to liability or in violation of the Agreement or is otherwise found inappropriate in The Owner 's opinion.
In connection with any of the foregoing, The Owner reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by The Owner at its sole discretion. User(s) agree that The Owner shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event The Owner takes any of the actions mentioned in this provision.
User(s) understand and agree that the Website acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website. The Owner does not have any role in developing the content displayed on the Website. The Owner has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
X. INTERACTION BETWEEN USERS
The Owner provides a platform to facilitate interaction between buyers and suppliers of products and services. The Owner does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. The Owner does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase except the services provides by Owner itself. Website uses reasonable tools and techniques to verify the accuracy and authenticity of the information provided by User(s). The Owner however, cannot and does not confirm each User(s)’s purported identity on the Website. The Owner encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
XI. INDEMNIFICATION
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
· Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
· Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
· Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Website as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that The Owner shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify The Owner (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
User(s) hereby further agree to indemnify and save The Owner, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that The Owner is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). The Owner reserves the right, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with The Owner in asserting any available defences.
The Owner reserves the right to add/modify/discontinue any of the features offered on dbohra’s Services.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Website are provided on an " as is " and " as available " basis, and The Owner hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. The Owner makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website. The Owner does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third Party Rights; and The Owner makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Website or through or from the Website shall create or be deemed to create any warranty not expressly stated herein.
The Owner shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
· The use or the inability to use the Website;
· Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
· Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
· Unauthorized access by third parties to data or private information of any User(s);
· Statements or conduct of any User(s) of the website; or
XIII. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
XIV. MISCELLANEOUS
· Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
· The Owner ’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a The Owner ’s waiver of that right or The Owner 's waiver of the right to act with respect with subsequent or similar breaches.
· If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
· The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and The Owner with respect to access to and use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.
· In case of any complaint or grievance the User may contact at: [email protected]
XV. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Website does not facilitate the purchase of pharmaceutical products, and only advertises and/or showcases the pharmaceutical products posted by Users(s). User(s) involved in the purchase and supply of pharmaceutical products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard.
The Owner shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Website. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to Website in any manner whatsoever.