These terms of service apply to all users of the facility, including without limitation exhibitors, vendors, buyers, customers, merchants, browsers, contributors of content and other contributors of any kind.
The parties referred to in these terms of service shall be defined as follows:
- facilitator, us, we: The facilitator as the creator, operator and publisher of the facility makes the facility, and certain services on it available to users. The Rotary Bazaar, facilitator, us, we, our, ours and other first person pronouns will refer to the facilitator.
- you, the user, the client, the exhibitor: You, as the user of the facility, will be referred to throughout these terms of service with second person pronouns such as you, yours, or as per user or client or exhibitor. For the purpose of these terms of service, the term “user” or “you” shall mean any natural or legal persons who are accessing the website. This shall include any natural person behind any artificial person accessing or using the website as well. The term “your” shall be construed accordingly.
- Parties: Collectively, the parties to these terms of service (the facilitator and you) will be referred to as “parties”.
- Assent and Acceptance:
By using the facility, you warrant that you have read and reviewed these terms of service and that you agree to be bound by these terms of service. If you do not agree to be bound by these terms of service, please leave the facility immediately. The facilitator only agrees to provide use of this facility to you if you assent to these terms of service. Further based on the services availed by a user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the user and the facilitator.
- Age Restrictions and Contractual Capacity:
You must be at least 18 (eighteen) years of age to use this facility or any services contained herein. By using this facility you represent and warrant that you are at least 18 years of age and also possess the required contractual capacity to enter into a contract as required as per Indian Laws. The facilitator assumes no responsibility for liability for any misrepresentations made by you regarding your age or your contractual capacity.
- About the Facility:
The facility allows exhibitors/users/you to exhibit yourself, your products & services and other necessary and related details over it for others to purchase the goods and services offered by you, from you, after contacting you. The facility acts as a listing and information dissemination medium and is not directly involved in purchasing/selling any products/services from or to you. We reserve the right to refuse service or refuse to list you/your products & services on the facility at our sole discretion for any reason at any time. The facility also provides an opportunity to you/exhibitors to register yourselves for any of the events/exhibitions etc. curated by the facilitator whether online or otherwise. In case if you use such a service to register for such an event/exhibition etc. whether online or otherwise, the terms of service are applicable to you along with any specific/additional terms and conditions that may apply to you specifically and that you shall have deemed to have agreed to the same upon your use of the facility.
The facility does not screen or censor the user who registers on and/or accesses the facility. You assume all risks associated with the information you provide and while dealing with other users with whom you come in contact through the facility. You also undertake to indemnify us in case of any action against us by any other person as a direct or indirect result of your representations or warranties or the information, goods and services provided by you to such a person or over the facility. You agree to use the facility only for lawful purposes without infringing the rights or restricting the use of the facility by any third party.
- License to use the facility:
The facilitator may provide you with certain information as a result of your use of the facility or services. Such information may include, but is not limited to, documentation, data or information developed by the facilitator, and other materials which may assist in your use of the facility or services (“facilitator materials”). Subject to these terms of service, the facilitator grants you a non-exclusive, limited, non-transferable and revocable license to use the facilitator materials solely in connection with your use of the facility and services. The facilitator materials may not be used for any other purpose and this license terminates upon your cessation of the use of the facility or at the termination of these terms of service.
Any un-authorized use by you shall terminate the permission or license granted to you by the facility and you agree that you shall not bypass any measures used by the facilitator to prevent or restrict access to the facility. You also agree that the facilitator can prescribe what shall be considered as un-authorized use either generally for all users or for you specifically. Un-authorized use shall continue to mean any usage contrary to the terms of service as provided herein.
- Intellectual Property:
You agree that the facility and all services provided by the facilitator are the property of the facilitator, including all copyright, trademarks, trade-secrets, patents and other intellectual property (“facilitator IP”). You agree that the facilitator owns all right, title and interest in and to the facilitator IP and that you will not use the facilitator IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the facilitator IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the facilitator.
- User Obligations:
As a user of the facility, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your e-mail address or another term, as well as password. You may also provide information, including, but not limited to your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the facility. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. All other information, material, media, photographs etc. that you provide to us must be correct, accurate and not in violation of any intellectual property laws or any other law of the land. Providing false or inaccurate information, or using the facility to further fraud or unlawful activity is grounds for immediate termination of these terms of service. The facilitator reserves the right to refuse service, terminate accounts, or remove or edit content in it’s sole discretion.
- Payment and Fees:
Should you register for any of the paid services/products offered by us on the facility, you may be bound by additional terms of service which may not be referred to herein, but may contain a reference to the present terms of service separately. You agree to pay us the specific monetary amounts required for those services/products. These monetary amounts (“Fees”) will be described to you by the facilitator. Payment for any ongoing services is billed automatically until you notify us that you would like to terminate your access to the services.
We reserve the right to refuse services/products on the facility at our sole discretion to anyone for any reason at any time.
- Acceptable Use:
You agree not to use the facility or services for any unlawful purposes or any purpose prohibited under this clause. You agree not to use the facility in any way that could damage the facility itself, Services or general business of the Facilitator.
- You agree not to use facility or services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal or constitutional rights;
- To violate any intellectual property rights of the facilitator or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others;
You are prohibited from using the facility or it’s contents:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To infringe on any third party’s intellectual property or proprietary rights or rights of publicity or privacy, whether knowingly or unknowingly;
- To violate any Indian or International law, statute, ordinance or regulation;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- To submit false or misleading information or any content which is defamatory, indecent, abusive, obscene or lewd and lascivious or pornographic or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
- To uphold or transmit viruses of any other type of malicious code that will or maybe used in any way that will affect the functionality or operation of the services or of any related website, other websites or the internet;
- To collet or track the personal information of others;
- To damage, disable, overburden, or impair the facility or any other party’s use of the facility;
- To spam, phish, pharm, pretext, spider, crawl or scrape;
- For any obscene or immoral purpose;
- To interfere with or circumvent the security features of the services or any related website, other websites or the internet or any other applications;
- To personally threaten or has the effect of personally threatening other users.
We reserve the right to terminate your use of the services for violating any of the prohibited uses. The Rotary Bazaar has the full authority to review all contents posted or submitted for posting by users on the facility. You acknowledge that the facility and the facilitator is not responsible or liable and does not control the content of any information that may be posted to the facility by you or other user of the facility and you are solely responsible for the same. You agree that you shall not upload, post or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes and regulations concerning your use of the facility and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that is abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law or regulations or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You may not use our products and service for any illegal or un-authorized purposes. Nor may you in the use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time you use the facility in any manner, you agree to these terms of service. By agreeing to these terms of service, you acknowledge that you are interested in availing and purchasing the services that you have selected and consent to receive communications via phone or electronic records from the facility including e-mail messages telling you about products and services offered by the facility (or it’s affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the facility. You agree that the communications sent to you by the facility shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
- Privacy Information
Through your use of the facility and services, you may provide us with certain information. By using the facility or the services, you authorize the facilitator to use you information in India.
- Information we may collect or receive: when you register for an account, you may be required to provide us with a valid e-mail address and may provide us with additional information, such as your name or billing information. Depending on how you use our facility or services, we may also receive information from external applications you use to access our facility, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How we use information: we use the information gathered from you to ensure your continued good experience on our facility, including through e-mail communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third party providers.
- How you can protect your information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the facilitator will still receive information about you that you have provided such as your e-mail address. If you choose to terminate your account, the facilitator will store information about you.
- Assumption of Risk
The facility and services are provided for communication purposes only. You acknowledge and agree that any information posted on our facility is not intended to be legal advice, medical advice or financial advice and no fiduciary relationship has been created between you and the facilitator. You further agree that your purchase of any of the products or services on the facility is at your own risk. The facilitator does not assume responsibility or liability for any advice or other information given on the website.
- Sale of Good/ Services
The facilitator may sell goods or services or allow third parties to sell goods or services on the facility. The facilitator undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the facilitator does not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products or services at your own risk. For goods or services sold by others, the facilitator assumes no liability for any products or services and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer/seller/merchant, you agree to pursue that claim directly with the manufacturer/seller/merchant and not with the facilitator. You hereby release the facilitator from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that in our sole judgment appear to be placed by dealers resellers or distributors.
We take care to accurately display the colours and images of products but, we cannot guarantee that your computer or phone screen’s display of any colour will be accurate. We also do not provide any warranties that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations and standards, or that any errors in the services will be corrected. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our facility without prior notice. Any offer for any product or service made on this facility is void where prohibited.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You agree that we provide access to such tools “as is” and “as available” without any warranties , representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by you of optional tools offered through the facility is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
- Payment/Cancellation/Shipping/Delivery/Return Policy
Any order(s) of good(s) or service(s) placed from the vendors/sellers/exhibitors over the facility are not liable to cancellation by you and the prices concerning the same must be paid by you to the said vendor/seller/exhibitor directly .
You agree to ensure payment to the requisite party for any items/goods/services that you may purchase and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide a valid e-mail and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. Additional Delivery charges and prices may also be listed/informed to you by the exhibitors/sellers/vendors or by us, which shall be additional to the cost of goods and services so listed/informed to you.
Placing an order does not automatically amount to acceptance of your order. Orders shall be deemed to be accepted only upon their shipment and that no orders once placed can be cancelled by you. However, we or the exhibitor/seller/vendor reserve the right to cancel your order, even after the payment for the goods/services have been made by you in case of insufficient stock, infeasible delivery to your area, listing of goods at incorrect prices due to mistake etc. or any other reason whatsoever. In case if you have placed an order and already made the payment, the said payment will be refunded to you after 21 days of cancellation of your order. None of the exhibitor/seller/vendor or us would be liable to offer any additional compensation for disappointment suffered.
You will become owner of the goods you have ordered upon their dispatch to you and once delivered, they will be held at your own risk and we will not be liable for their loss or destruction. In case if attempted delivery fails due to any reason whatsoever attributable to you, repeat delivery costs will be attracted.
Any issues with the goods/services you have received with respect to merchantability, quality, quantity or description of goods/services must be notified within 7 (Seven) days of the receipt of the said goods/services to the exhibitor/seller/vendor directly. In case if you have not received the goods/services within the time mentioned for the delivery, you are under an obligation to inform the non-receipt of the goods and services within 7 (seven) days from the expiry of the last day of the delivery period informed to you. The exhibitor/seller/vendor is liable only to make good any shortage or non-delivery, replace the damaged or defective goods or to refund you the amount so received in case if replacement or exchange is not feasible at the end of the exhibitor/seller/vendor. The facilitator is not responsible for any such issues. The exhibitor/seller/vendor or the facilitator are not liable for any direct, indirect or consequential loss that you may suffer due to non-delivery, late delivery or any other reason whatsoever. Also, the exhibitor/seller/vendor or the facilitator are not liable for any damage/destruction/delay etc. once the goods are dispatched and handed over to the courier agency.
The facilitator does not take responsibility for the shipping, delivery, exchange or return of any goods sold directly by another user/seller/merchant to you.
- Data Loss
The facilitator does not accept responsibility for the security of your account or content. You agree that your use of the facility or services is at your own risk.
You agree to defend and indemnify the facilitator and any of it’s affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the facility or services, your breach of these terms of service, or your conduct or actions. You agree that the facilitator shall be able to select it’s own legal counsel and may participate in it’s own defence, if the facilitator wishes.
- Spam Policy
You are strictly prohibited from using the facility or any of the facilitator’s services for illegal spam activities, including gathering e-mail addresses and personal information from others or sending any mass commercial e-mails.
- Third Party Links and Content
The facilitator may occasionally post links to third party websites or other services. You agree that the facilitator is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our facility.
- Modification and Variation
The facilitator may, from time to time and at any-time without notice to you, modify these terms of service. You agree that the facilitator has the right to modify these terms of service or revise anything contained herein. You further agree that all modifications to these terms of service are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of these terms of service, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these terms of service.
- To the extent any part or sub-part of these terms of service is held ineffective or invalid by any court of law, you agree that the prior effective version of these terms of service shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor these terms of service and refer to the effective date posted at the top of these terms of service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these terms of service. You agree that your continued use of the facility after any modifications to these terms of service is a manifestation of your continued assent to these terms of service.
- In the event that you fail to monitor any modifications to or variations of these terms of service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement.
- Entire Agreement
This agreement constitutes the entire understanding between the parties with respect to any and all use of the facility. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the facility.
- Service Interruptions
The facilitator may need to interrupt your access to the facility to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the facility may be affected by un-anticipated or un-scheduled down-time, for any reason but that the facilitator shall have no liability for any damage or loss caused as a result of such down-time.
- Term, Termination and Suspension
The facilitator may terminate these terms of service with you at anytime for any reason, with or without cause. The facilitator specifically reserves the right to terminate these terms of service if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the facilitator or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these terms of service at any-time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account. At the termination of these terms of service, any provisions that would be expected to survive termination by their nature shall remain in full-force and effect.
- No Warranties
You agree that your use of the facility and services is at your sole and exclusive risk and that any services provided by us are on an “as is” basis. The facilitator hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The facilitator makes no warranties that the facility or services will meet your needs or that the facility or services will be un-interrupted, error-free or secure. The facilitator also makes no warranties as to the reliability or accuracy of any information on the facility or obtained through the services. You agree that any damage that may occur to you, through your computer system or as a result of loss of your data from your use of the facility or services is your sole responsibility and that the facilitator is not liable for any such damage or loss.
All information, software, products, services and related graphics are provided on this facility is on “as is” and “as available” basis with without warranty of any kind, either expressed or implied. The facility disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products and services contained on this facility for any purpose, and the inclusion or offering of any products or services on this facility does not constitute any endorsement or recommendation of such products or services.
The facility makes no warranty that the use of the facility will be un-interrupted, timely, secure, without defect or error free. You expressly agree that use of the facility is at your own risk. The facility shall not be responsible for any content found on the facility.
You use of any information or material on this facility or otherwise obtained through use of this facility is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this facility meet your specific requirement.
The facility assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the facility. Any information of third parties or advertisers is made available without doing any changes and so the facility cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through or linked from the facility, are solely the responsibility of the person from whom such content originated and the facility does not control and is not responsible for content available on the facility.
There may be instances when incorrect information is published inadvertently on our facility or in the service such as typographical errors, in-accuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, in-accuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the service or on any related website is in-accurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
The facility shall not be responsible for any interaction between you and the other users of the facility. Under no circumstances will the facility be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The facility is under no obligation to become involved in any disputes between you and other users of the facility or between you and any other third parties. You agree to release the facility from any and all claims, demands and damages arising out of or in connection with such dispute.
You agree and understand that while the facility has made reasonable efforts to safeguard the facility, it cannot and does not ensure or make any representations that the facility or any of the information provided by you cannot be hacked by any un-authorized third parties. You specifically agree that the facility shall not be responsible for un-authorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the facility.
You specifically agree that the facility is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the facility is not responsible for any content sent using and/or included in the facility by any third party.
The facility has no liability and will make no refund in the event of any delay, cancellation, strike, force-majeure or other causes beyond their direct control and they have no responsibility for any additional expense, omissions, delays or acts of any government or authority.
You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or materials. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the facility be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the facility, with the delay or in-ability to use the facility or related services, the provision of or failure to provide services, or to deliver the products or for any information, software, products, services and related graphics obtained through the facility or any interaction between you and the other participants of the facility or otherwise arising out of the use of the facility, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the facility or any of it’s affiliates/suppliers has been advised of the possibility of damages.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the facilitator from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the facility , you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the facility or participation in any facilitiy’s activities. If you are dis-satisfied with the facility, or the services or any portion thereof, or do not agree with these terms, your only resource and exclusive remedy shall be to stop using this facility.
- Limitation on Liability
The facilitator is not liable for any damages that may occur to you as a result of your use of the website or services, to the fullest extent permitted by law.
- General Provisions
- Language: All communications made or notices given pursuant to these terms of service shall be in the English.
- Dispute Resolution, Jurisdiction, Venue and Governing Law: Through your use of the facility or services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of these terms of service, as well as any dispute of any kind that may arise between you and the facilitator, with the exception of it’s conflict of law provisions. Any dispute that may so arise out of, or concerning the terms of service shall be settled through a sole arbitrator to be appointed by the facilitator and the venue for such arbitration shall be Mumbai. For any other disputes that may arise, the jurisdiction shall be restricted with the courts in Mumbai alone. The parties agree that this choice of method of resolving disputes, applicable law, venue and jurisdiction provisions are not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenience or similar doctrine and also waive the right to object to the method of dispute resolution, jurisdiction and the governing law.
- Severability: If any part or sub-part of these terms of service is held invalid or un-enforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these terms of service shall continue in full force.
- No Waiver: In the event that we fail to enforce any provision of these terms of service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these terms of service will not constitute a waiver of any other part or sub-part.
- Electronic Communications Permitted: Electronic communications are permitted to both parties under these terms of service, including e-mail or fax. For any questions or concerns, please e-mail us at the following address: firstname.lastname@example.org