These terms and conditions ("User Terms"/ "Terms") apply to your use of the Platform. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By agreeing to use the Platform and the Services, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE PLATFORM AND THE SERVICES. If you do not accept any of the User Terms, then please do not avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY IN RESPECT OF THE USE OF THE PLATFORM AND THE SERVICES.
Your acceptance of the User Terms shall be deemed to include your acceptance of the Privacy Policy. If there is any conflict between these User Terms and any other applicable terms, in relation to the Platform or the Services, these User Terms shall prevail.
The Agreement (defined hereunder) is applicable to any Users when they upload, download or even merely visit or access any part of the Platform or utilise the Services. The Agreement between User/you and Company is effective on the date on which the application is downloaded/website is accessed and/or the date on which terms of Agreement are updated, which are accepted by you before accessing any of the Services, creating a legally binding arrangement between you and the Company.
1. DEFINITIONS
1.1 "Acceptance" means your affirmative action of clicking on the box against the words "I Accept" provided at the end of these T&C, by which action, you unequivocally accept the Delivery Partner T&C and any modifications thereof;
1.2 "Agreement" means these Terms and Conditions and the Privacy Policy;
1.3 "Applicable Law(s)" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India;
1.3 "Company", "Us", "Our", "We" means Vendorglobe Technology Solutions Private Limited;
1.4 "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of the Company;
1.5 "Intellectual Property Rights" shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of AskPurchase, and AskPurchase Platform, which are used and/or owned by Vendorglobe Technology Solutions Private Limited;
1.6 "Services" means provisioning of certain services offered by the Company through the Platform to the User, and includes any related services in relation to the same;
1.7 "Privacy Policy" means Privacy Policy as updated from time to time and available on Privacy
1.8 "Platform Services" means the mobile application, website, or any other online platform operated by the Company, as applicable, wherein the User will be able to use services offered and interact with the Company;
1.9 "You"/ "you", "Your"/"you", "User" means a user of the Platform; and
1.10 "User Terms"/"Terms" means these Terms and Conditions recorded herein.
We automatically collect and store certain types of information about your use of our Services, including information about your interaction with content and services available through our Services. Like many websites, we use cookies and other unique identifiers, and we obtain certain types of information when your web browser or device accesses our Services and other content served by or on behalf of Vendorglobe Technology Solutions Private Limited on other websites.
THE PLATFORM WILL NOT BE AVAILABLE TO INDIVIDUALS OR ENTITIES NOT REGISTERED WITH ASKPURCHASE. IF YOU ARE NOT REGISTERED, YOU WILL NOT BE ABLE TO USE THE PLATFORM.
2. Your Content and Communications:
Our Services permit you to interact with us through the notification system. We collect and store all of the comments, communications, and chats you post, transmit or generate on the Platform and/or through the Services. When you ask for assistance from AskPurchase for customer support, the contact information you provide will be collected, as well as the information which you post while using the Platform and/or the Services, such as, your user ID number, etc., and any correspondence or information contained within.
2. ELIGIBILITY, ACCOUNT AND REGISTRATION
2.1 You can use your account creation on the Platform to access the Services. You are sole responsible for all activities that occur under such account created by you, including the transactions made using such account created by you.Company shall not be liable for any such activity undertaken from your account in any manner whatsoever.
2.2 You hereby confirm that you are an adult, over 18 (eighteen) years of age, and any information you provide shall be true, accurate, current and complete. These User Terms are legally binding contract under Indian Contract Act, 1872. You are availing the Services under these Terms only on Your own behalf and not on behalf or in respect of any third party. You authorise us to contact you via telephone, email or other medium in relation to the Agreement.
2.3 In addition to other clauses in these User Terms and your explicit consent before availing the Services on the Platform, you agree and specifically consent that We may collect, process, store, transfer, transmit or otherwise use such of your information we obtain pursuant to your consent for availing the Services for a period not exceeding 10 (ten) years or such other time period as applicable, from the date of your consent. The details of the information that We collect and the manner in which We use such information is detailed in the Privacy Policy, which forms part of these Terms and shall stand incorporated herein by reference. If these User Terms are not acceptable to You, please do not provide any of Your information to the Company. In such event, We may not be able to provide You with the Services or some parts of it, as may be applicable.
2.4 You are required to enter a valid phone number while registering on Platform. By such registration, You consent to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for Services, subscription, promotional updates etc. You may opt-out of such services, subscription, promotional updates either through the opt out means provided or by writing to the support team.
2.5 You declare that any and all information/details shared by You are true and correct to the best of your knowledge. In the event there is any change in such information, You will promptly inform the Company and update the information in your account details. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these User Terms, or if it is discovered that you do not meet the terms and conditions herein, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
2.6 If you use the Platform, You are solely responsible for all activities that occur under the account created on the Platform and all transactions made by You thereunder and the Company shall not be liable for any such activity in any manner. You are responsible for maintaining the confidentiality of your account, password, user identification codes and OTPs, if any and for restricting access to your computer/any device to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2.7 You must comply with all the Applicable Laws when using the Services and You are not permitted to use the Services under false pretences or in violation of Applicable Laws.
2.8 You hereby confirm that the consent/ instruction and/ or approval so provided by You on the Platform will be valid, effective and binding on You without any further enquiry or due diligence as to the identity of the person purporting to give such consent/ instruction and/or approval. You accept and agree that you shall utilize the Platform and the Services for Your own personal use alone. Neither shall You impersonate another person nor use any information that belongs to another person and to which you do not have any right to. In case of any dispute pertaining to Your use of the Platform and the Service on behalf of anybody else, impersonation of someone else and/ or using information that belongs to someone else, You alone shall be solely responsible.
3.E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to use services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that AskPurchase is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on AskPurchase . You agree that AskPurchase and/or service providers on AskPurchase 's behalf may use the information they collect, including your Personal Information for:
21.We use your personal information to take and fulfil the services, process payments, and communicate with you about , products and services, and promotional offers.
22.Contacting you for customer support;
23.Sending you updates or information about the Platform and/or Services;
24. Managing your account and relationship with the Platform and/or Services, and improving your experience when you use it;
25. Improving the Services, research, surveying, and engaging with you, for example by sending you communications for these purposes;
26. Marketing and promotion of the Platform and/or Services and/or other products;
27.Personalizing and optimizing the Platform and/or Services;
28.Sharing promotional content and/or advertising; and
29. Creating reports, analysis, or similar services for research or business intelligence.
210. We use your personal information to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of our Services.
211. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers’ information regarding place of establishment and bank account information for identity verification and other purposes.
212. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, AskPurchase, and others. We may also use scoring methods to assess and manage credit risks.
4. ACCESS TO THE PLATFORM
4.1 We shall ensure that our Platform is eligible for easy access to all our customers. However, We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform may be suspended, withdrawn, discontinued or changed without notice to you. We will not be liable to you if, for any reason, the Platform or the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection, are aware of these User Terms and other applicable terms and conditions, and that they comply with them.
5.SCOPE OF SERVICES AND LIMITATIONS
5.1 The Services provided by the Company are available and valid only for use in India. The Services offered by the Company through the Platform is merely a technology platform to facilitate and enable Users to avail the Services facilitated herein.
5.2 Any data that You submit to Us through the Platform shall be governed by the Our Privacy Policy.
5.3 You understand that the Company reserves the right to vary, alter or modify the User Terms and the terms relating to the Services, at any time and at Our sole discretion. Policies related to all services will be updated by Us from time to time, without any explicit permission from You. We shall inform You from time to time regarding such updates and You are required to be aware of same. Using the Services once does not entitle automatic eligibility to avail similar services in the future.
5.4 You understand, agree and acknowledge that We will have the right to send You reminders electronically or by post and/or SMS and/or push notifications, messages through social media such as WhatsApp to Your registered phone number and/or Your e-mail, as applicable, regarding the account created on the Platform, payment, offers, contests, Services offered and for any such incidents related thereto and reach You on your registered phone number during reasonable hours if You fail to pay the outstanding amount by relevant due date. You agree and undertake not to revoke the aforesaid consent to receive SMS, messages, calls, e-mail and other notifications through any manner whatsoever. You further acknowledge and confirm that You are aware of the nature of telecommunications/internet services and that an email transmission may not be received properly.
5.5 You further acknowledge that any default from You relating to the Services obtained from us and/or violation of the User Terms may attract legal charges against You, and the Company may at its sole discretion pursue such civil or criminal action. Relevant parties may send you legal notices and may report such defaults and/or initiate legal proceedings against You. You agree to assume and bear all the risks involved in connection with your obligations to be fulfilled in order to avail the Services and undertake that that the Company shall not be responsible in any manner.
5.6 You hereby accept and agree that We reserve the right to withdraw, discontinue or stop the provision of the Services, at any time, at Our sole discretion, in which case, Your use of the Services shall automatically stand terminated.
6.SPECIFIC TERMS RELATING TO THE SERVICES
6.3 Payment Terms: You agree that the debit/credit card/UPI or such other payment related details provided by you for use of the purchase of Services is correct and accurate and that you will not use a debit/credit card or such other payment modes, that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You may pay for Services by using a debit/credit card or through online banking account, wallets or such other payment modes offered by the Company on the Platform. Further, you warrant, agree and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your card/bank details/ or such other payment related details:
(a) You are authorizing debit of the nominated card/bank account/wallet/such other modes you have chosen, for the payment of amount selected by you along with the applicable fees/taxes;
(b) You are responsible to ensure sufficient credit/amount is available on the nominated card/bank account/wallet at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by you inclusive of the applicable fees/taxes.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the licensed owners of the brand ‘AskPurchase’ and the Platform, with license from Vendorglobe Technology Solutions Private Limited, a private company limited by shares incorporated under the Companies Act, 2013, having its registered office at #4A, Reshma Building, 80 feet Road, RMV 2nd Stage, Ashwathnagar, Bangalore 560094 (“AskPurchase”). All content included on the Platform, such as text, graphics, names, design marks, slogans, logos, service marks, button icons, images, illustrations, audio clips, video clips, digital downloads, data compilations, software and any such intellectual property (“Marks”), is Our property, or the property of AskPurchase, its affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. Users are prohibited from using any Marks for any purpose without the written permission of the Company or such third party which may own the Marks; No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license of any of Ours or AskPurchase’s or any third party’s Marks.
9.2 All content on the Platform is solely for your personal, non-commercial consumption. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial consumption is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. For the purposes of this clause, any use for which you receive any remuneration, whether in money or otherwise (i.e. in kind), is a commercial use.
9.3 Reference on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Our or AskPurchase’s endorsement or recommendation, information, product or service. We or AskPurchase are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so at your own risk.
9.4 If You have comments regarding the Services and/or the Platform or ideas on how to improve it, please contact our customer service. Please note that by doing so, You hereby irrevocably assign to the Company, and shall assign to the Company, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
10. SOFTWARE TERMS
10.1 Use of the Platform:
(a) You may use the Platform including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services solely for purposes of enabling you to use and enjoy the Services as provided by Us, and as permitted by these Terms and any other terms. You may not incorporate any portion of the Platform into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the sublicense Platform or otherwise assign any rights to the Platform in whole or in part. You may not use the Platform for any illegal purpose. We may cease providing any Services and We may terminate your right to use the Platform or any portion thereof at any time. Your rights to use the Platform will automatically terminate without notice from Us if you fail to comply with any of these Terms or any other terms issued by Us from time to time. Additional third-party terms contained within or distributed within the Platform that are specifically identified in related documentation may apply to that Platform (or software incorporated with the Platform) and will govern the use of such software in the event of a conflict with these Terms. All software used in any Platform is Our property or property of AskPurchase and/ or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
(b) You agree, undertake and confirm that your use of Platform shall be strictly in accordance with applicable law and shall be governed by the following:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. Belongs to another person and to which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. Is false, inaccurate or misleading in any way;
d. Involves the transmission of ‘junk mail’, ‘chain letters’, or ‘unsolicited mass mailing’ or ‘spamming’;
e. Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
f. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
g. Contains video, photographs, or images of another person (with a minor or an adult) without their express written consent;
h. Solicits passwords or personal identifying information for commercial;
i. Involves engaging in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ products related to the Platform;
j. Interferes with another User’s use and enjoyment of the Platform;
k. Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
l. Harm minors in any way;
m. Impersonate another person;
n. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
o. Threatens 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; and
p. Creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers
(c) You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(d) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
(e) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
(f) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term “AskPurchase”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company’s systems or networks, or any systems or networks connected to the Company.
(g) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Platform or any service offered on or through the Platform.
(h) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding Your use of Our Service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and shall not use the Platform for any purpose that is unlawful.
(i) You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
(j) We reserve the right, but have no obligation, to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND PRIVATE MESSAGES THAT YOU SEND TO OTHER USERS. Please be advised that such content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
(k) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
(l) It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your public disclosure of such personal information on the Platform against the Privacy Policy of the Company, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized use, but by using the Platform you acknowledge and agree that We are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform against the Privacy Policy of the Company. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
10.2 Use of Third Party Services:
When you use the Platform, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
10.3 No Reverse Engineering:
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platform, whether in whole or in part, or create any derivative works from or of the Platform.
10.4 License to use the Platform:
(a) We grant you a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Platform, without Our written consent.
(b) You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent from Us or AskPurchase or any of Our Affiliates or group companies, as applicable. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ or Our group companies’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
(c) You are granted a limited, revocable and non-exclusive right to create a hyperlink to the welcome page of the Platform as long as the link does not portray Us, Our affiliates or Our Platform, or their products or services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
11. YOUR CONTENT AND INFORMATION
11.1 You own and bear all liability for all of the content and information that you post on the Platform. In addition, please see the below:
(a) For content that is covered by intellectual property rights, such as photos and videos (“IP Content”), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP Content that you post on or in connection with the Platform.
(b) When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
(c) Notwithstanding the above, You agree that We may retain and use any of your IP Content, data or information to provide you the Services and for ancillary purposes including, but not limited to research and analysis in accordance with applicable laws and Our Privacy Policy.
12.CLAIMS AGAINST OBJECTIONABLE CONTENT
12.1 The Company lists millions of products offered for sale on the Platform and hosts many thousands of comments, it is not possible for Us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, the Platform operates on a ‘notice and takedown’ basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (‘Objectionable Content’), please notify Us immediately. Once notified, We will verify the complaint and based on our reasonable judgment, make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
13.INDEMNIFICATION
13.1 As per the provisions of the User Terms herein, You agree to indemnify, defend and hold harmless the Company, its affiliates, its directors, officers, partners, members, agents, representatives, suppliers, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney’s fees, incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) Your use of the Services;
(b) Any orders placed by You on the Platform;
(c) any breach or non-compliance or violation by You of any term of the Agreement;
(d) any dispute or litigation caused by Your action or omission; or
(e) Your negligence or violation or alleged violation of any applicable law or right of a third party.
14. DISCLAIMER OF LIABILITY
14.1 We hereby disclaim all warranties and conditions with regard to these User Terms, information, software, products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The suppliers providing the products to Us or any such third parties we may take services from are independent entities and We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore.
15. LIMITATION OF LIABILITY
15.1 We shall not under any circumstances be liable for any direct, indirect, special, incidental, disciplinary or consequential damages, or for lost business, lost data or lost profits / opportunity etc., arising out of or in connection with Your usage of or inability to use the Platform, Your access to, display of or use of the Platform or with the delay or inability to access, display or use the Platform (including, but not limited to, Your reliance upon opinions appearing on the Platform; any computer viruses, information, software, linked sites, products, and services obtained through the Platform), whether in an action of tort, contract, negligence or other action, even if We may be advised of the possibility of such damages. Further, notwithstanding anything contained otherwise, the aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from any User for purchases made pursuant to an order under which such liability has arisen and been established.
16. FORCE MAJEURE
16.1 We shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any Force Majeure event beyond the control of the Company (such as war, sabotage, fire, flood, pandemic, epidemic, explosion, earthquake, acts of god, acts of third parties, civil commotion, lock down, strikes or industrial action of any kind, riots, insurgency, acts of government, breach of computer systems, malfunctioning of computer systems/ servers by any malicious code or virus, mechanical or technical errors/failures, power shutdown, failures in telecommunication or internet services etc.). We reserve the right to withdraw/ suspend the Services so long as the Force Majeure event continues.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms shall be governed and construed in accordance with the laws of India. You hereby agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Bangalore and both the Company and You irrevocably submit to the jurisdiction of such courts/tribunals.
18. AMENDMENT
18.1 The Company reserves the right, in its sole discretion, to change, amend or otherwise modify the User Terms at any time, without prior notice, and your continued access or use of the Platform and the Services affirms your consent of the updated, amended or modified User Terms from time to time. Use of the Platform includes accessing, browsing, or registering to use the Services. These User Terms also govern the terms on which you may place orders, make purchases and payments on the Platform. If you object to these User Terms or any subsequent amendment or modification of these User Terms in any way, Your only recourse is to immediately terminate use of the Platform the Services. We may require You to agree to additional terms (if any) between You and the Company in connection with specific services that You may avail from us from time to time.
19. GENERAL TERMS
19.1 If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
19.2 Notwithstanding anything contained otherwise, any provision hereunder that by its nature is intended to survive termination, will survive such termination.
19.3 The failure of the Company to exercise or enforce any right or provision of these User Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these User Terms will be effective only if in writing and signed by the Company.
19.4 Except as otherwise expressly provided in these User Terms, there shall be no third-party beneficiaries to this User Terms.
19.5 For the purpose of these Terms, the Company’s prior written consent shall mean a communication coming from the Company’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.
19.6 This User Terms constitutes the entire agreement between You and the Company and governs Your use of the Platform, superseding any prior agreements between You and the Company.
20. ZERO LIABILITY
20.1 You agree and acknowledge that You have unequivocally consented to these User Terms in relation to availing the Services. You also agree and acknowledge that the Company has no liability whatsoever in relation to the Agreement and You shall not initiate any legal proceedings against the Company and any person related thereto with respect to the Agreement.
21. GRIEVANCE
21.1 If you have any concerns or grievances with respect to the Services or any content hosted, transmitted, published, updated or shared on the Platform, You may contact the grievance redressal at information@askpurchase.com. We will analyse the query and take such action as We deem appropriate under the circumstances.
22. CONTACT US
22.1 If you have any other queries relating to the usage of the Platform or the Services, you may contact Us by sending an e-mail to: information@askpurchase.com
23. DISCLAIMER
23.1 You acknowledge and undertake that you are placing orders on the Platform at your own risk and volition and are using your best and prudent judgement before entering into any transactions through the Platform.
23.2 The contents of the Platform are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Exact status may be confirmed from source. The Company or any related party thereto are not responsible for any consequences that may arise out of any actions or inactions of manufacturers of the products nor any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Platform. All content, information, software, products, services and related graphics are provided as is, without warranty of any kind from Us. There may be time gap in internet/ online posting/ transmission of information and availability of such information at browsers’ end. We shall not mediate or resolve any dispute or disagreement between you and the manufacturers of the products.
ADDITIONAL POINTS
Vendorglobe don’ take or own any responsibility for the business decisions, any kind of loss in rates, products, reputation, any kind of damages caused by using our information etc., All information provided by us with regards to contact /product/company/ vendors and buyers are bound to change from time to time. Vendorglobe don’t take responsibility of such issues. Vendorglobe provide information to support your business needs. You will be agreeing to all terms and conditions by reading and accepting this details. By logging into the system, you will accept all our terms and conditions. If you wish to unsubscribe you can contact us in writing. No refund will be given after subscribing. You will be solely responsible for all the information provided in the system. It will be your responsibility to change any information you wish to change in your account. Vendorglobe would recommend that you regularly update and confirm your information in the account. It is our right to delete any information/ your contact details/ your account without assigning any reasons. Vendorglobe have all the rights to take legal or any appropriate action against any kind of posting which is illegal, absurd, racist or any prohibited activities as per IT act and Governing laws of the Land. Vendorglobe keeps changing the system, process or anything in the portal without assigning any reasons keeping you informed. All data, source codes, process, structure, information anything in the portal is sole property of Vendorglobe. Vendorglobe will be having all the rights to take legal action for copying any such content from our system for any marketing purpose / to sell it to other competitors. It is our decision to delete or to accept to keep any kind of information provided by you without assigning or informing you. There will be no extra interest, claims, penalty, or any kind of refunds. It will be sole discretion of the company to decide if any.
