The following agreement captures the terms and conditions of use
("Agreement"), applicable to Your use of Gotoshope.com ("Web Site"), which
promotes business between shops/sellers and buyers. It is an agreement
between You as the user of the Web Site and Dhanya Enterprises ("DE"). The
expressions “You” “Your” or “User(s)” refers to any person who accesses or
uses the Web Site 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 Web Site 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 Web Site in any manner.
I. WEBSITE- MERELY A VENUE/PLATFORM
The Web Site 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. DE or Gotoshope.com are
not parties to any negotiations that take place between the User(s) of the
Web Site 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 Web Site.
DE 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
II. SERVICES PROVIDED BY DE
DE provides the following services to its Customers and their respective
definitions are classified here under: -
* " Leading Supplier ": It gives the User(s)s priority listing within categories of their choice as available on Gotoshope, thus increasing visibility of their products.
* " Star Supplier" : It is add-on service by Gotoshope which gives its User(s) priority listing in their chosen category of products. By availing this service the User(s) will get benefits of increased leads and inquiries.
* "TrustSEAL": is a seal that User(s) gets after getting its business-related documents and information verified.
* "Maximiser" : User(s) availing this service could maximize its return on investment by availing the specialised feature of this package.
* " Mini Dynamic Catalog ": It is a professionally-designed catalog on Gotoshope along with independent control to add, delete, edit text and images as per requirement of customers.
* "Verified" User(s): Users are said to be verified if any of their provided primary/ secondary, mobile or email is verified by DE.
III. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the
services provided by DE, including but limited to the Web Site or any other
services provided by DE in relation to the use of the Web Site ("DE’s
Services"). DE’s Services can only be availed by those individuals or
business entities, including sole proprietorship firms, companies and
partnerships, which are authorised under applicable law to form legally
binding agreements. As such, natural persons below 18 years of age and
business entities or organisations that are not authorised by law to
operate in India are not authorised to avail or use DE’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.
IV. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or
uses DE Services for any purpose.
This Agreement applies to all services offered on the Web Site and by DE,
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 Web Site. 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 Web Site, such
additional terms and conditions applicable in respect of that service shall
prevail over this Agreement. This Agreement shall govern the User’s usage
of DE Services and, the User acknowledges that this Agreement shall
supersede all or any term, agreement, contract executed between DE and the
User.
V. AMENDMENT TO USER(S) AGREEMENT
DE 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 Web Site. If You do not
agree to such provisions, You must 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.
VI. INTELLECTUAL PROPERTY RIGHTS
DE is the sole owner and the lawful licensee of all the rights to the Web
Site and its content ("Web Site Content"). Web Site Content means the
design, layout, text, images, graphics, sound, video etc. of or made
available on the Web Site. The Web Site Content embodies trade secrets and
other intellectual property rights protected under worldwide copyright and
other applicable laws pertaining to intellectual property. All title,
ownership and intellectual property rights in the Web Site and the Web Site
Content shall remain in DE, its affiliates or licensor’s of the Web Site
content, as the case may be.
All rights, not otherwise claimed under this Agreement by DE, are hereby
reserved. Any information or advertisements contained on, distributed
through, or linked, downloaded or accessed from any of the services
contained on the Web Site or any offer displayed on or in connection with
any service offered on the Web Site ("Website Information") is intended,
solely to provide general information for the personal use of the User(s),
who fully accept any and all responsibility and liabilities arising from
and out of the use of such Information. DE does not represent, warrant or
endorse in any manner the accuracy or reliability of Website Information,
or the quality of any products and/or services obtained by the User(s) as a
result of any Website Information.
For any content and or link uploaded to the Website by the User from
YouTube, the User agrees to abide and accepts, the terms of service of
YouTube, available at https://www.youtube.com/t/terms.
The Information is provided “as is” with no guarantee of completeness,
accuracy, timeliness or of the results obtained from the use of the
Information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing contained in the Agreement
shall to any extent substitute for the independent investigations and the
sound technical and business judgment of the User(s). In no event shall DE
be liable for any direct, indirect, incidental, punitive, or consequential
damages of any kind whatsoever with respect to DE’s Services. User(s)
hereby acknowledge that any reliance upon the Information shall be at their
sole risk and further understand and acknowledge that the Information has
been compiled from publicly aired and published sources. DE respects the
rights of such entities and cannot be deemed to be infringing on the
respective copyrights or businesses of such entities. DE reserves the
right, in its sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in any portion of the
Information.
* Trademark
"Gotoshope" and related icons and logos are registered trademarks or
trademarks or service marks of DE in various jurisdictions and are
protected under applicable copyright, trademark and other proprietary and
intellectual property rights laws. The unauthorized adoption copying,
modification, use or publication of these marks is strictly prohibited.
* Copyright
All Web Site Content including Website Information is copyrighted to DE
excluding any third-party content and any links to any third-party websites
being made available or contained on the Web Site. User(s) may not use any
trademark, service mark or logo of any independent third parties without
prior written approval from such parties.
User(s) acknowledge and agree that DE is not an arbiter or judge of
disputes concerning intellectual property rights and as such cannot verify
that User(s) selling or supplying merchandise or providing services on the
Web Site have the right to sell the merchandise or provide the services
offered by such User(s). DE encourages User(s) to assist DE in identifying
listings on the Web Site which in the User(s) knowledge or belief infringe
their rights. User(s) further acknowledge and agree by taking down a
listing, DE does not and cannot be deemed to be endorsing a claim of
infringement and further that in those instances in which DE declines to
take down a listing, DE does not and cannot be deemed to be endorsing that
the listing is not infringing of third party rights or endorsing any sale
or supply of merchandise or services pursuant to or on account of such
listing.
DE respects the intellectual property rights of others, and we expect our
User(s) to do the same. User(s) agree to not copy, download or reproduce
the Web Site Content, Information or any other material, text, images,
video clips, directories, files, databases or listings available on or
through the Web Site ("DE Content") for the purpose of re-selling or
re-distributing, mass mailing (via email, wireless text messages, physical
mail or otherwise) operating a business competing with DE, or otherwise
commercially exploiting the DE Content unless otherwise agreed between the
parties. Systematic retrieval of DE Content to create or compile, directly
or indirectly, a collection, compilation, database or directory (whether
through robots, spiders, automatic devices or manual processes) without
written permission from DE is prohibited.
In addition, use of the DE Content for any purpose not expressly permitted
in this Agreement is prohibited and entitles DE to initiate appropriate
legal action. User(s) agree that as a condition of their access to and use
of DE's Services, they will not use DE’s Services to infringe the
intellectual property rights of any third parties in any way. DE reserves
the right to terminate the right of any User(s) to access or use DE’s
Services for any infringement of the rights of third parties in conjunction
with use of the DE’s Service, or in the event DE is of the believes that
User(s) conduct is prejudicial to the interests of DE, its affiliates, or
other User(s), or for any other reason, at DE’s sole discretion, with or
without cause.
* URL's/Sub-Domain
URL’s/ Sub-domain names assigned by DE to User(s) (including both paid and
free User(s)) are the exclusive property of DE and it cannot be assumed to
be permanent in any case. DE reserves the right, without prior notice, at
any point of time, to suspend or terminate or restrict access to or edit
any URL's/Sub-domain names. IN ALL SUCH CASES, DE WILL NOT BE LIABLE TO ANY
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR
OTHERWISE.
DE 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"). DE 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 DE 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.
VII. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to
User(s). User(s) acknowledge and agree that DE does not have any control
over the content of such websites and/ or any information, resources or
materials provided therein.
DE 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"). DE 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 DE 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.
VIII. TERMINATION
Most content and some of the features on the Web Site are made available to
User(s) free of charge. However, DE reserves the right to terminate access
to certain areas or features of the Web Site (to paying or registered
User(s)) at any time without assigning any reason and with or without
notice to such User(s). DE 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 DE and/ or
other User(s) of the Web Site. DE further reserves the right to limit, deny
or create different access to the Web Site and its features with respect to
different User(s), or to change any or all of the features of the Web Site
or introduce new features without any prior notice to User(s).
DE 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 DE 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 Web Site 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 Web Site 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.
If DE terminates the membership of any registered User(s) including those
User(s) who have subscribed for the paid services of DE, such person will
not have the right to re-enrol or join the Web Site under a new account or
name unless invited to do so in writing by DE In any case of termination,
no subscription/membership fee/charges paid by the User(s) will be
refunded. User(s) acknowledge that inability to use the Web Site wholly or
partially for whatever reason may have adverse effect on their business.
User(s) hereby agree that in no event shall DE be liable to any User(s) or
any third parties for any inability to use the Web Site (whether due to
disruption, limited access, changes to or termination of any features on
the Web Site or otherwise), any delays, errors or omissions with respect to
any communication or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use the
Web Site or any of its features.
IX. REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been
made available on the Web Site 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 Web Site by providing the required information (including name,
contact information, details of User(s) business, etc.). DE 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. DE may at its sole discretion assign to
User(s) upon registration a web-based email or messaging account (“Email
Account”) with limited storage space to send or receive emails or messages.
Users will be responsible for the content of all the messages communicated
through the account.
User(s) registering on the Web Site 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 DE during
the registration process is true, accurate, current and complete. For
purposes of this provision, a branch or representative office of a User(s)
will not be considered a separate entity and the principal place of
business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Web Site, they consent to the
inclusion of their personal data in DE’s on-line database and authorize DE
to share such information with other User(s). DE may refuse registration
and deny the membership and associated User ID and Password to any User(s)
for whatever reason. DE may suspend or terminate a registered membership at
any time without any prior notification in interest of DE or general
interest of its User(s) without assigning any reason thereof and there
shall arise no further liability on DE of whatsoever nature due to the
suspension or termination of the User account. User(s) registered on the
Web Site are in no manner a part of or affiliated to DE.
User(s) further agree and consent to be contacted by DE through phone
calls, SMS notifications or any other means of communication, in respect to
the services provided by DE even if contact number(s) provided to DE upon
registration are on Do Not Call Registry.
X. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is
governed by DE’s privacy policy ("Privacy Policy"). Please click here to
know about the Privacy Policy.
.
XI. POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Web Site is provided or posted by third
parties. User(s) can post their content on some of the sections/services of
the Web Site using the self-help submit and edit tools made at the
respective sections of the Web Site. User(s) may need to register and/or
pay for using or availing some of these services.
User(s) understand and agree that DE in such case is not the author of the
content and that neither DE 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 Web Site. User(s) further understand and agree DE is not
responsible for the accuracy, propriety, lawfulness or truthfulness of any
third party content made available on the Web Site 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. DE shall not be liable
for a User(s) activities on the Web Site, and shall not be liable to any
person in connection with any damage suffered by any person as a result of
any User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide DE with true, accurate, current and complete information to be
displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to
keep it true, accurate, current and complete.
User(s) hereby grant DE an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) 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 Web Site, including but not limited to
rights of personality and rights of privacy, or affecting or relating to
products that are offered or displayed on the Web Site (hereafter referred
to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely
responsible for ensuring that any material or information posted by User(s)
on the Web Site or provided to the Web Site or authorized by the User(s)
for display on the Web Site, 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 Web Site, 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 DE Content and/or DE’s Services to
send junk mail, chain letters or spamming. Further, registered User(s) of
the Web Site 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 DE for display on the Web Site or
transmit or sought to be transmitted through DE’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 Web Site 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, pedophilic, 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;
* Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
* Solicit business from any User(s) in connection with a commercial activity that competes with DE;
* 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 DE or its affiliates.
DE reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in DE’s
reasonable belief is unlawful or could subject DE to liability or in
violation of the Agreement or is otherwise found inappropriate in DE's
opinion. DE reserves the right to cooperate fully with governmental
authorities, private investigators and/or injured third parties in the
investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, DE reserves the right to suspend
or terminate the Account of any User(s) as deemed appropriate by DE at its
sole discretion. User(s) agree that DE shall have no liability to any
User(s), including liability in respect of consequential or any other
damages, in the event DE takes any of the actions mentioned in this
provision.
User(s) understand and agree that the Web Site acts as a content integrator
and is not responsible for the information provided by User(s) displayed on
the Web Site. DE does not have any role in developing the content displayed
on the Web Site. DE has the right to promote any content including text,
images, videos, brochures etc. provided by User(s) on various platforms
owned by the company.
XII. INTERACTION BETWEEN USERS
DE provides an on-line platform to facilitate interaction between buyers
and suppliers of products and services. DE does not represent the seller or
the buyer in transactions and does not charge any commission for enabling
any transaction. DE does not control and is not liable to or responsible
for the quality, safety, lawfulness or availability of the products or
services offered for sale on the Web Site or the ability of the suppliers
to complete a sale or the ability of buyers to complete a purchase. User(s)
are cautioned that there may be risks of dealing with foreign nationals or
people acting under false pretenses on the Web Site. Web Site uses several
tools and techniques to verify the accuracy and authenticity of the
information provided by User(s). DE however, cannot and does not confirm
each User(s)’s purported identity on the Web Site. DE 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.
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 Web Site 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 Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
* Such risks further include the risks that r 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 Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that DE 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 Web Site , including, without limitation, terms regarding
payment, returns, warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and storage. In the
event of a dispute with any party to a transaction, User(s) agrees to
release and indemnify DE (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
Gotoshope reserves the right to add/modify/discontinue any of the features
offered on DE’s Services.
XIII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and
" as available " basis, and DE 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. DE
makes no representations or warranties about the validity, accuracy,
correctness, reliability, quality, stability or completeness of any
information provided on or through the Web Site. DE 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 Web Site does not violate any Third Party Rights; and DE makes no
representations or warranties of any kind concerning any product or service
offered or displayed on the Web site. Any material downloaded or otherwise
obtained through the Web site is 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 Web Site or through or from the Web Site shall create or be deemed to
create any warranty not expressly stated herein.
Under no circumstances shall DE be held liable for any delay or failure or
disruption of the content or services delivered through the Web Site
resulting directly or indirectly from acts of nature, forces or causes
beyond its reasonable control, including without limitation, Internet
failures, computer, telecommunications or any other equipment failures,
electrical power failures, strikes, labour disputes, riots, insurrections,
civil disturbances, shortages of labour or materials, fires, flood, storms,
explosions, Acts of God, natural calamities, war, governmental actions,
orders of domestic or foreign courts or tribunals or non-performance of
third parties. User(s) hereby agree to indemnify and save DE, its
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity
basis) which may arise from their use of the Web Site (including but not
limited to the display of User(s) information on the Web Site) or from
User(s)’s breach of any of the terms and conditions of this Agreement.
User(s) hereby further agree to indemnify and save DE, its affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis) which
may arise from User(s)’s breach of any representations and warranties made
by the User(s) to DE.
User(s) hereby further agree to indemnify and save DE, 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 DE
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). DE reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by any User(s), in which event such User(s) shall cooperate
with DE in asserting any available defenses.
The use or the inability to use the Web Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);
Statements or conduct of any User(s) of the web site; or
Any matters relating to Premium Services however arising, including negligence.
XIV. NOTICES
All notices or demands to or upon DE shall be effective if in writing and
shall be deemed to be duly made when sent to DE to Gotoshope InterMESH
Limited, 6th floor, Tower 2, Assotech Business Cresterra, Plot No.22,
Sector- 135, Noida-201305, Uttar Pradesh, India.
All notices or demands to or upon a User(s) shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or
email to the last-known correspondence, fax or email address provided by
the User(s) on the Web Site, or by posting such notice or demand on an area
of the Web Site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and
when Web Site is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User(s), or immediately
upon Web Site’s posting such notice on an area of the Web Site that is
publicly accessible without charge.
XV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by
the laws of Indian Territory. DE considers itself and intends itself to be
subject to the jurisdiction of the Courts of Pattambi, Kerala, India only.
The parties to this Agreement hereby submit to the exclusive jurisdiction
of the courts of Pattambi, Kerala, India.
XVI. 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.
DE’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 DE’s waiver of that right or DE's waiver of the right to act with respect with subsequent or similar breaches.
DE shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating DE’s Services to any person or entity
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.
All calls to Gotoshope are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Gotoshope may be monitored and recorded.
Sasidharan A T is the designated Grievance Officer in respect of DE’s Services. Any complaints or concerns with regards to any content on DE’s Services or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Gotoshope, Dhanya Enterprises, Hayath Complex, Opposite Police Station, Pattambi - 679303, Kerala, India or through an email signed with the electronic signature sent to dhanyaenterprisesptb@gmail.com
The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and DE with respect to access to and use of the Web Site, superseding any prior written or oral agreements in relation to the same subject matter herein
XVII. BIG BUYER ("BB") TERMS OF USE
Under BB banner, DE shall develop a microsite for the User(s) company ("BB Company") on the Web Site. DE shall display all the leads of the BB Company on the microsite, to enable the BB Company to find out suppliers in a short period of time. BB Company hereby grants DE the right to use its intellectual property on the microsite and Web Site in relation to the requirements posted by the BB Company on Web Site. It is clarified that all intellectual property rights in the logos, brands and trademarks of the BB Company used in relation to the above shall vest in the BB Company only.
BB Company shall ensure that the contents provided to DE shall not contain any material which is offensive, derogator, explicit or perverse to any specific race, gender or class of persons or degrading to public conscience or morals and does not breach any applicable law.
DE makes no representations or warranties to BB Company with respect to services provided by DE under BB banner.
DE hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by DE under the BB banner.
In no event shall DE be liable to BB Company for any special, exemplary, indirect, incidental, consequential, punitive damages or for any damages arising out of or in connection with respect to the above mentioned service.
Apart from the said terms & conditions, the Agreement shall be deemed to form part and parcel of BB term and conditions.
XVIII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Web Site 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 including but not limited to
Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug
Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
("Drug and Magic Remedies Act").
DE 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 Web Site. 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 DE in any manner
whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall
bear all the liabilities in respect of selling prescription medicines
and/or drugs mentioned in any of the Schedules of the Drug Rules without a
prescription issued by a registered medical practitioner and in accordance
with the conditions laid down in such rules. In the event of breach of such
condition, DE shall not be liable and responsible in any manner whatsoever.
Users(s) undertake and agree to indemnify and hold harmless DE and/or any
of its affiliates, directors, officers, employees or representatives from
and against any and all losses, liabilities, damages, claims, costs and
expenses (including attorney’s fees and expenses, any third party claims),
which DE may incur or suffer as a result of or in connection with any
illegal sales of drugs and/or medicines.
DE does not offer any guarantees or warranties on the medicinal products or
services displayed or listed on the Web Site and is not liable for any
relevant transaction between the User(s), including transactions involving
sale of any medicine(s) restricted and/or banned for sale by any
governmental or any other regulatory authorities.