Greeting from inbizmart.com! The subsequent terms and conditions of the inbizmart.com membership agreement among you and inbizmart.com company under which inbizmart.com proposes you the right to use to its' services through Site.
This Agreement can be amended by inbizmart.com at any time by posting the amended and restated Agreement on the Site and the same shall be effective immediately upon posting. This Agreement was last amended on September 2, 2019. Posting of the amended and restated Agreement by inbizmart.com and your continued use of the Site shall be considered to be acceptance of the amended terms. Until & unless given in writing by an authorized officer of inbizmart.com , this Agreement may not otherwise be modified.
The ServiceIn accordance to package and accordance with the terms of this Agreement, services will be offered.
The core features included in the service would include following (which may be customized, or added to or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of inbizmart.com and notified to you.
A Member ID and Password will be issued to each member by inbizmart.com to access the Service through such Member's Account. Each Member shall be entirely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. Each set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member 's business entity. It is acknowledged by each Member that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable damage to inbizmart.com and each Member shall indemnify inbizmart.com against any loss or damages (including but not limited to loss of profits) suffered by inbizmart.com as a result of such multiple use of an Account. Each Member hereby undertakes to inform inbizmart.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that for any loss or damages arising from the Member 's failure to comply with this paragraph, inbizmart.com shall not be liable.
All rights are reserved by inbizmart.com to amend, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Further, inbizmart.com reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. Unless otherwise stated by inbizmart.com , all latest features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement.
It is acknowledged by each member that incapacity to use the Service wholly or partially for whatsoever reason may have adverse effects on its business. Each Member hereby agrees that for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service, inbizmart.com shall not be held legally responsible to the Member or any third parties .
Member ResponsibilitiesIt is agreed and warranted by each Member to provide with true, accurate, current and complete information about itself along with its business references and maintain and promptly amend all information to keep it true, accurate, current and complete. An irreversible, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license is granted by each user to inbizmart.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. The same is done to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
It is represented, warranted and agreed by each Member that information submitted to inbizmart.com for display on the Site shall not:-
It is represented, warranted and agreed by each Member with regards to information about or posted on behalf of any business referee that it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that such business referees may be contacted by third parties to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and precise and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
Any action shall not be taken by a Member that may undermine the integrity of inbizmart.com 's feedback system, such as leaving affirmative feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
It is acknowledged by each member that inbizmart.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. inbizmart.com does not support, verify or otherwise certify the contents of any comments or other material or information made by any Member. For the contents of their communications, content or other material or information, Each Member is solely responsible and may be held legally liable or accountable.
It is represented, warranted and agreed by each Member that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to inbizmart.com or authorizes inbizmart.com to display does not disobey the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Further each member warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to inbizmart.com or authorizes inbizmart.com to demonstrate.
In case of breach by Member with regards to the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 or 3.6 above, or if inbizmart.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any third party, inbizmart.com has reasonable grounds to believe that such Member has deliberately or substantially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, inbizmart.com has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by inbizmart.com . Further, inbizmart.com reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject inbizmart.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in inbizmart.com 's opinion. inbizmart.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties. Further, on request by a government or law enforcement body, an injured third party, or as a result of a lawful action, inbizmart.com may disclose the Member's identity and contact information and shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against inbizmart.com for such disclosure. In connection with any of the abovementioned, inbizmart.com may suspend or terminate the Account of any Member, as inbizmart.com believes appropriate in its sole discretion.
It is agreed by each Member to indemnify inbizmart.com from any and all losses, claims and liabilities (including legal costs on a full indemnity basis), arising from its submissions, posting of materials or removal thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use, along with its employees, agents and representatives and to hold them harmless. Each Member further agrees that inbizmart.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of harm from such material rests entirely with each Member. inbizmart.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with inbizmart.com in asserting any available defenses, at its own expense.
Buyers and Suppliers TransactionsAn electronic web-based platform for exchanging information between buyers and suppliers of products and services is provided by inbizmart.com . No commissions are charged by inbizmart.com for completing any transactions as well as do not represent the seller or the buyer in specific transactions. Consequently, inbizmart.com is not liable to or responsible for the quality, safety, 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 procurement.
We advice the Members to stay aware from the risk of dealing with people acting under forged pretences. Although several techniques are used byinbizmart.com to verify the accuracy of the information our users provide us, when registering on the Site. However, because user verification on the Internet is difficult, inbizmart.com cannot and does not confirm each User's purported identity (including, without limitation, (including, without limitation Silver, Gold and Platinum Suppliers). You are advised to use the various tools offered on the Site plus common sense, to evaluate with whom you are dealing.
It is acknowledged by each member that all risks of purchase and sale transactions when using the Site to conduct transactions, the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site are fully assumed by it. Such risks shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, impediment or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents, but are not limited to it. Each member agrees that for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a consequence of or in connection with any Transaction Risks, inbizmart.com shall not be answerable or responsible.
For all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, fees, taxes, insurance, title, licenses, fines, permits, handling, transportation and storage, members are fully and wholly responsible.
The member agrees to release and indemnify inbizmart.com (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 association with such transaction, in case it has a dispute with any party over a transaction.
Discussion Boards usage on the SiteMembers of inbizmart.com are provided use of discussion boards on the Site free of charge to encourage open, honest and courteous communication between all of our Members. These discussion boards shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
It is acknowledged by each member that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site and not inbizmart.com . inbizmart.com does not control the content posted via discussion boards and therefore does not assure the accuracy, integrity or quality of such content
All rights are reserved by inbizmart.com to delete or edit any postings in its sole discretion without prior notice. inbizmart.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. inbizmart.com will not be responsible in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member, under any circumstances. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. It is well understood by each member that by using the inbizmart.com discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or obnoxious.
Under Clause 3 of this Agreement, Each Member agrees not to use the discussion boards on the Site to:
It is acknowledged by every member that inbizmart.com does not pre-screen content but that inbizmart.com shall have the right (though not the obligation) in its exclusive discretion to move, revise or remove any content that is posted or uploaded on the discussion boards on the Site.
inbizmart.com is granted a perpetual, world-wide, royalty-free irrevocable, non-exclusive authorization (including the right to sub-license through multiple tiers)by its members to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and demonstrate any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
inbizmart.com and its subsidiaries, affiliates, employees, officers, agents or partners shall be indemnified harmless by its members from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4.
inbizmart.com may ban, delete or forbid any content that relates to those breaches or that inbizmart.com in its sole discretion consider being harmful to the public or the rights of inbizmart.com or any of its affiliates, licensors, partners or Members.
All rights are reserved by inbizmart.com to take whatever action it considers necessary to avoid a Member's breach of Clause 5.4 including the following:-
The features and services on the site are provided on an "as is" and "as available" basis, to the maximum extent permitted by law. inbizmart.com hereby clearly 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.
inbizmart.com makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or current ness of any information provided on or through the site, to the maximum extent by law.
Downloading or obtainment of data from the Site is done at each Member's sole discretion and risk and it is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No recommendation or information, whether oral or written, obtained by any User from inbizmart.com or through or from the Site shall create any warranty not expressly stated herein.
inbizmart.com can’t be held responsible for a 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, insurrections, civil disturbances, shortages of labor or materials labor disputes, riots, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties, under any circumstances.
Any liability shall not be borne by inbizmart.com 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 agreement, negligence, tort or otherwise or any other damages resulting from any of the following:
The use or the incapacity to use the Service;
The sole owner of all the rights to the Site and the TradeBazaar Content is inbizmart.com . The Content on inbizmart.com symbolizes trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the Site and inbizmart.com Content shall linger with inbizmart.com , its affiliates or licensors of the inbizmart.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by inbizmart.com are hereby reserved.
GeneralThis Agreement and the Privacy Policy constitute the entire agreement between the User and inbizmart.com with respect to and govern the use of the Site, subject to any additional agreements relating to Premium Services, and overruling any prior written or oral agreements in relation to the similar subject matter herein.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or produced by this Agreement. Bothinbizmart.com and the User are independent contractors.
The outstanding provisions of this agreement shall be enforced and if any provision is held to be invalid or unenforceable, such provision shall be struck.
Headings no way define, limit, construe or describe the scope or degree of such section and are for indicative only.
inbizmart.com 's failure with respect to any breach by a User under this Agreement to enforce any right or failure to act will not waive that right nor waives inbizmart.com 's right to act with respect with consequent or alike breaches.
All rights are assigned to inbizmart.com in this Agreement including all of its titles, benefits, interests, and obligations and duties in this Agreement as well as in any agreement relating to Premium Services to any person or entity (including any affiliates of inbizmart.com ). The User may not assign, in whole or part, this Agreement to any individual or entity.
Legal Jurisdictional TermsIf any legal dispute action derives anent inbizmart.com would only be compounded in the territory of Delhi. The legal issues vires only to apposite coeval laws in act at New Delhi to the jurisdiction of courts located only in Delhi.
Legitimate and Laws of GovernmentThis agreement and any Argument or matter derives from Incidental use inbizmart.com governed by the Legitimate and Laws of India and the Member and the Company hereby Relegate the Privileged Jurisdiction of the Court at Delhi ,India. This Agreement, Unanimous upon use of the site and affirmed by being a Member of the inbizmart.com ,holding the entire Agreement Between you and inbizmart.com in reference to the use of site and/or the service. Any alimony of this Agreement if Held invalid ,the Residual of the Agreement shall Continue in full Action and Effect.