TERMS OF USE
Updated on 1st October 2024
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published by the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.vyapardost.com (hereinafter referred to as “website "- as defined below).
This document is a legally binding agreement between you, as a user, and Vyapardost Private Limited (referred to as “we,” “our,” or “Vyapardost” hereinafter).
If You do not agree to or do not wish to be bound by the Agreement, you may not access or otherwise use the site in any manner.
1 Definitions
We use the following terms in our Terms and Conditions:
“Website” or “Site” : www.vyapardost.com and its associated subdomains (collectively, our “Service”) alongside our mobile application or any other similar device.
“User” “You” or “Your” : Refers to any person who accesses or uses the Website for any purpose.
“Buyer” : If a user (by itself or through your representatives) creates a business on a website then that user and business collectively will be referred to as a “Buyer”.
“Seller” : If a user (by itself or through your representatives) intends to offer products or services for sale through the site then that user will be referred to as a “Seller”.
“Vyapar Lead” or “Lead” : Seller can send quotations to enquiries/leads, only using ‘Vyapar Lead’. When the seller sends a quotation by entering the amount for any enquiry/lead then one ‘Vyapar Lead’ will be deducted from the seller’s “Vyapar Lead Balance”.
"Catalog" : It is an auto-generated page on site as per the information provided by the seller on site.
"Verified Seller” : Users are said to be verified if the mobile number and GST number provided by the seller are verified by Vyapardost either manually or using a third-party tool/API.
“Negotiation (Live Bid)” : Buyer can negotiate with Seller on-site by auction/bid.
“Price Revision in Live Bid” : The number of times a seller can make a price revision in Negotiation of 1 Enquiry is called “Price Revision in Live Bid”. Each Seller will get “Price Revision in Live Bid” based on Paid Plan Seller has subscribed to.
“Vyapardost Wallet” : Users can add money to the vyapardost wallet and can use this wallet money only for some of the services offered by vyapardost as specified in this document.
“Advertisement on vyapardost” : Users can advertise their product or services on vyapardost.
2 Website- Merely A Venue/Platform
The Site acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations with respect thereof for the sale or supply of goods or services. Vyapardost provides only a platform for User(s) but is not a party to any agreement that takes place between the User(s) of the Site including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the site.
Vyapardost 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 site or the ability of the User(s) to sell or supply 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 Vyapardost and any other party.
3 User(S) Eligibility
User(s) represent and warrant that they have the right to avail or use the services provided by Vyapardost, Vyapardost’s Services can only be availed by those individuals or business entities 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 Vyapardost’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. Vyapardost or the site shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Vyapardost’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 due diligence before entering into any transaction with other users on the website.
We at our sole discretion reserve the right to refuse Vyapardost’s Services to anyone at any time. Our Services are not available and may not be available or used by User(s) whose accounts have been temporarily or indefinitely suspended by Vyapardost.
4 User(S) Agreement
This Agreement applies to any person who accesses or uses the site or uses Vyapardost Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the site, under actual or apparent authority. User(s) may use this site and/or Vyapardost Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the site and by Vyapardost, 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 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 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 Vyapardost Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, or contract executed between Vyapardost and the User.
5 Intellectual Property Rights
Vyapardost is the sole owner and the lawful licensee of all the rights to the site and its content. Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Site. The Site Content embodies trade secrets and other intellectual property rights protected under copyright and other applicable laws about intellectual property. All title, ownership and intellectual property rights in the site and the site Content shall remain in Vyapardost, its affiliates or licensors of the site content, as the case may be.
All rights, not otherwise claimed under this Agreement by Vyapardost, are hereby reserved. Any information or advertisements contained on, distributed through, linked, downloaded or accessed from any of the services contained on the Site or any offer displayed on or in connection with any service offered on the Site ("Site 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. We do not represent, warrant or endorse in any manner the accuracy or reliability of site Information, or the quality of any products and/or services obtained by the User(s) as a result of any site Information.
For any content and or link uploaded to the site by the User from YouTube, the User agrees to abide by, and accepts, the terms of service of YouTube.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or 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 Vyapardost be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever concerning our 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. We respect the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. We reserve 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:
"Vyapardost" and related icons and logos are registered trademarks or trademarks or service marks of Vyapardost 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 Site Content including Site Information is copyrighted to Vyapardost excluding any third-party content and any links to any third-party websites being made available or contained on the 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 Vyapardost 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 Site has the right to sell the merchandise or provide the services offered by such User(s). We encourage User(s) to assist Vyapardost in identifying listings on the Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, we does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which we declines to take down a listing, we 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 under or on account of such listing.
We respect 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 site content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Site ("Vyapardost Content") for re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with Vyapardost, or otherwise commercially exploiting the Vyapardost Content unless otherwise agreed between the parties. Systematic retrieval of our 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 Vyapardost is prohibited.
In addition, use of our content for any purpose not expressly permitted in this Agreement is prohibited and entitles Vyapardost to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of our services, they will not use our services to infringe the intellectual property rights of any third parties in any way. We reserves the right to terminate the right of any User(s) to access or use our services for any infringement of the rights of third parties in conjunction with the use of the our service, or in the event we believes that User(s) conduct is prejudicial to the interests of Vyapardost, its affiliates, or other User(s), or for any other reason, at Vyapardost’s sole discretion, with or without cause.
URLs/Subdomain:
URLs/ Subdomain names assigned by Vyapardost to User(s) (including both paid and free User(s)) are the exclusive property of Vyapardost and they cannot be assumed to be permanent in any case. We reserve the right, without prior notice, at any point in time, to suspend or terminate or restrict access to or edit any URLs/Subdomain names. In all such cases, We 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.
We may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). We advise our User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites before using or accessing such Third-Party Websites. Users acknowledge and agree that We have 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.
6 Links To Third Party Sites
Links to third-party sites are provided on the site as a convenience to User(s). User(s) acknowledge and agree that We do not have any control over the content of such third-party websites and/ or any information, resources or materials provided therein.
We may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). We advise our User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites before using or accessing such Third-Party Websites. Users acknowledge and agree that We have 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.
7 Suspension and Termination
Most content and some of the features on the Site are made available to User(s) free of charge. However, We reserve the right to terminate access to certain areas or features of the Site to User(s) at any time without assigning any reason and with or without notice to such User(s). We reserve the right to charge access to certain areas or features of the Site to User(s) at any time without assigning any reason and with or without notice to such User(s). We also reserve 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 to protect the interests of Vyapardost and/ or other User(s) of the Site. We further reserve the right to limit, deny or create different access to the Site and its features for different User(s), to change any or all of the features of the Site or to introduce new features without any prior notice to the User(s).
We reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
If any false information in connection with their account registered with Vyapardost is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
If such User(s) breaches any provisions of the Agreement.
If such User(s) utilizes the Site to send spam messages or repeatedly publish the same product information.
If such User(s) posts any material that is not related to trade or business cooperation.
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.
If such User(s) is involved in unauthorized access, use, modification, or control of the Site database, network or related services.
If such User(s) obtains by any means another registered User(s) Username and/or Password.
Or any other User(s) activity that may not be by the ethics and honest business practices
Extended periods of inactivity.
Requests by law enforcement or other government agencies.
If we terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of Vyapardost, such person will not have the right to re-enrol or join the Site under a new account or name unless invited to do so in writing by Vyapardost 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 Site wholly or partially for whatever reason may hurt their business. User(s) hereby agree that in no event shall we be liable to any User(s) or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions concerning any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
8 Registered User(S)
To become a Registered User(s) of the site a proper procedure has been made available on the Site which is for the convenience of User(s) so that they can easily use the Site.
User(s) can become registered User(s) by filling out an online signup form on the site by providing the required information (including name, contact information, details of User(s) business, etc.). We 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 Site on behalf of business entities represent and warrant that:
They have the requisite authority to bind such business entity to this Agreement.
The address provided by such User(s) at the time of registration is the principal place of business of such business entity; and
All other information provided to Vyapardost 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 Site, they consent to the inclusion of their personal data in our online database and authorize Vyapardost to share such information with other User(s). We may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. We may suspend or terminate a registered membership at any time without any prior notification in interest of Vyapardost or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on Vyapardost of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Site are in no manner a part of or affiliated to Vyapardost.
User(s) further agree and consent to be contacted by Vyapardost through phone calls, SMS notifications or any other means of communication, concerning the services provided by Vyapardost even if the contact number(s) provided to Vyapardost upon registration are on “Do Not Call” Registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, User(s) further agree and consent to share the User(s) details, contact numbers and business data for business and promotional purpose with other User(s) of site.
9 Business Accounts and Administrators
When you create a Business on Vyapardost, you may specify one or more administrators to manage and configure the account. Administrators have the right to configure the platform as needed and manage end users under the Business Account.
If a third party creates and configures a Business Account on your behalf, that third party may assume the administrator role for your business. It is your responsibility to enter into an agreement with that third party to define the roles and permissions of the administrator.
You are responsible for:
Ensuring the confidentiality of your Business Account credentials,
Appointing competent administrators to manage your Business Account,
Ensuring that all activities under your Business Account comply with this Agreement.
Vyapardost is not responsible for the internal administration or management of Business Accounts.
Loss of Administrator Control
If your business loses control of administrator accounts, you may specify a process to recover control by contacting Vyapardost support, provided that the recovery process is acceptable to Vyapardost. In the absence of such a process, Vyapardost may grant administrator control to an individual who provides sufficient proof of authority. Vyapardost will not be liable for any consequences resulting from such actions taken in good faith.
10 Data Protection
Personal information supplied by User(s) during the use of the site is governed by Vyapardost’s privacy policy. Please click here to know about the Privacy Policy.
11 Posting Your Content On Website
Some content displayed on the Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the site using the self-help submit and edit tools made at the respective sections of the Site. User(s) may need to register and/or pay for using or availing of some of these services.
User(s) understand and agree that Vyapardost in such case is not the author of the content and that neither Vyapardost 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 the display of such content on the Site. User(s) further understand and agree that we are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the 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. Vyapardost shall not be liable for a User(s) activity on the 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:
Provide Vyapardost with true, accurate, current and complete information to be displayed on the Site.
Maintain and promptly amend all information provided on the site to keep it true, accurate, current and complete.
User(s) hereby grant Vyapardost an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them for the purposes outlined 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 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 Site (hereafter referred to as "Third Party Rights").
User(s) hereby represents, warrants and agrees that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Site or provided to the Site or authorized by the User(s) for display on the 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 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 our content and/or services to send junk mail, chain letters or spamming. Further, registered User(s) of the 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 Vyapardost for display on the Site or transmit or sought to be transmitted through our sServices 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 are 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 another User(s) of the 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 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);
Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
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;
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 Vyapardost;
Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense 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 Vyapardost or its affiliates.
We reserve the right in its sole discretion to remove any material/content/photos/offers displayed on the Site which in our reasonable belief is unlawful or could subject Vyapardost to liability or in violation of the Agreement or is otherwise found inappropriate in Vyapardost's opinion. We reserve 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, We reserve the right to suspend or terminate the Account of any User(s) as deemed appropriate by Vyapardost at its sole discretion. User(s) agree that we shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event we take any of the actions mentioned in this provision.
User(s) understand and agree that the Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Site. We do not have any role in developing the content displayed on the Site. We have the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
12 Interaction Between Users
We provide an online platform to facilitate interaction between buyers and suppliers of products and services. We do not represent the seller or the buyer in transactions and do not charge any commission for enabling any transaction. We do not control and are not liable to or responsible for the quality, safety, offers, lawfulness or availability of the products or services offered for sale on the 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 site. Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). We however, cannot and do not confirm each User(s)’s purported identity on the site. We encourage the User(s) to evaluate the User(s) with whom they would like to deal and use common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted based on any content, information or any other material provided on the 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 site may violate or may be asserted to violate Third Party Rights, and the risk 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 about 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 the product originally obtained by User(s) of the Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that we 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 the use of any content, information or any other material provided on the 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 Vyapardost (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.
We reserve the right to add/modify/discontinue any of the features or services offered.
13 Notices
All notices or demands to or upon Vyapardost shall be effective if in writing and shall be deemed to be duly made when sent to Vyapardost to Vyapardost Private Limited, Ground floor, Room No 3, Jai Sampada Apartment, Chinchpada Road, Katemanivali, Kalyan East, Mumbai-421306, Maharashtra, India[sm1] .
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail or by email to the last-known correspondence, fax or email address provided by the User(s) on the Site, or by posting such notice or demand on an area of the 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 the site can demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon site’s posting such notice on an area of the site that is publicly accessible without charge.
14 Governing Law And Dispute Resolutions
This Agreement and the Privacy Policy shall be governed in all respects by the laws of the Indian Territory. Vyapardost considers itself and intends itself to be subject to the jurisdiction of the Courts of Mumbai, Maharashtra, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
15 Inactive User Accounts
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such user accounts will be deleted. We will provide you prior notice of such termination. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
16 Fees And Payments
Our services are available under subscription plans of various durations, for a different number of ‘Vyapar Lead’ and for different features. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Vyapardost to charge the subscription fee by the last payment method used by you.
From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current subscription plan. You will not be charged for using any service unless you have opted for a paid subscription plan.
17 Taxes:
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Vyapardost in accordance with any local, state, provincial laws with respect to your subscription to our services ("Taxes"), We will invoice you for such Taxes. You agree to pay Vyapardost such Taxes in addition to the subscription fees. We shall provide you with an invoice in the format prescribed by the applicable local, state, provincial laws to help you avail the applicable input tax credit for the Taxes so paid.
It is the responsibility of the user to provide the correct Goods and Service tax number before the payments are made. If the user fails to provide the GST number or provides an incorrect number before making the payment then the user will not get due GST credit for which the user shall be solely responsible.
18 Paid Plan Start Date:
If a user does not have any previous valid/Active paid plan then a user’s paid subscription plan & its benefits will start from the date of payment. If a user has a valid/Active paid plan and purchases a new plan then the new plan & its benefits will start after the expiry of the active plan or after consuming all the balance Leads of the active plan whichever is earlier.
19 Refund Policy
You will continue to have access to the Vyapardost service till the end of your subscription period or till you consume all the balance ‘Vyapar Lead’. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused ‘Vyapar Lead’.
20 Subscription To Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for testing and evaluation. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Vyapardost will not be liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
21 Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that the services will be uninterrupted, timely, secure, or error free. use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. no advice or information, whether written or oral, obtained by you from Vyapardost, its employees or representatives shall create any warranty not expressly stated in the agreement.
22 Limitation Of Liability
The features and services on the site are provided on an " as is " and " as available " basis, and we 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. We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site including display or listing of tenders on the Site which in no manner is endorsed by Vyapardost. We have no association of whatsoever nature with the publisher and/or the published contents. Moreover, We do not facilitate or participate in any sale, delivery, transaction and/or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. We 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 Site does not violate any Third-Party Rights; and We makes no representations or warranties of any kind concerning any product or service offered or displayed on the site. Any material downloaded or otherwise obtained through the 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 Site or through or from the Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall we be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Vyapardost, its affiliates, directors, officers and employees harmless, from any and all losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Site (including but not limited to the display of User(s) information on the Site) or from User(s)’s breach of any of the terms and conditions of this Agreement or from User(s)’s breach of any representations and warranties made by the User(s) to Vyapardost or as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
User(s) hereby further agree that we are 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). We reserve 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 Vyapardost in asserting any available defenses.
We 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 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 site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, import, distribution, offer, display, purchase, sell and/or use of products or services offered or displayed on the 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 about 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 site; or
Any matters relating to Premium Services however arising, including negligence.
23 Service Specific Terms and Use
Vyapardost offers a variety of services. Certain services are governed by additional terms and conditions specific to each service.
By using vyapardost, you agree to the service specific terms of use as well. To review the detailed terms for each service, please refer to our “Service Specific Terms of use” page.
24 Modification of Terms of Use
We reserve 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 site. If You do not agree to such provisions, you must stop using the service with immediate effect. Your continued use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
END OF TERMS OF USE
If you have any questions or concerns regarding this Agreement, please contact us at info@vyapardost.com