Please Read These Terms and Conditions Carefully Before Registering Yourself with NSIC Infomediary.
1. Acceptance of Terms
NSIC Infomediary introduces Free Services to its Members. Members can join NSIC’s business community to communicate with their prospective business associates. Members in NSIC’s Community are permitted to use the services of NSIC through NSIC Infomediary. The following puts forward the terms and conditions of NSIC Infomediary’s Members. It is an Agreement between you and NSIC Infomediary under which you access to its services through Websites that are identified by NSIC Infomediary’s locator. This contains the entire agreement between you and the Company concerning your use of the website, and the agreement shall not be modified, except in writing, signed by both parties.
Use of NSIC Infomediary’s service will signify that you have accepted the terms and conditions set by below. Only those who accept the terms and conditions are enabled to use the Services provided by NSIC Infomediary.
NSIC Infomediary may revise the Terms and Conditions stated in the Agreement from time to time. The amendments applied in the Agreement would be published on NSIC Infomediary as and when brought out. The amended Agreement shall be immediately effective.
2. Free Members Service
All Free Members who are registered with NSIC Infomediary are entitled to use the NSIC Infomediary’s Service that are offered free-of-charges for an undefined time period and will have the following substantive features.
Company Information – All Free Member can publish and edit basic information about its business and products and services offered, etc.
Products/Services Display – Free Members are allowed to display and edit description, specification and image of at least one product.
Buyer Trade Lead Posting – This service allows each Member to post unlimited Buyers Trade Leads and services on the website for display.
Seller Trade Lead Posting – The service allows each Member to post unlimited Seller Trade Leads to sell products of through the website.
NSIC Infomediary reserves the right to add, modify or suspended the company information from time to time for scheduled or unscheduled maintenance purposes. NSIC Infomediary shall notify you about the alterations.
2.2 All the Free Member Benefits are subject to change at anytime without prior notice and shall be reviewed frequently. NSIC Infomediary reserves the right to terminate all or any aspect of the Free Member Benefits at any time in its sole discretion. NSIC Infomediary retains the right to charge for the Service at any time in its sole discretion.
2.3 NSIC Infomediary shall issue a Member ID and Password once a New Members joins or registers with NSIC Infomediary. Members shall have to right to choose their password. Both Member ID and Password enable Members to use their account with NSIC Infomediary. Members can access their service through their Member’s Account. Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password.
Member ID and Password are unique to a single Member 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.
Member shall agree that sharing of its Account with other persons, or allowing multiple users outside of its business entity to access its Account, will cause irreparable harm to NSIC Infomediary and each Member shall assure NSIC Infomediary against any loss of data or information or damages (comprising but not limited to loss of profits) met by NSIC Infomediary arising out of multiple use of an Account. Member shall hereby agree to immediately inform NSIC Infomediary of any unauthorized use of its Account, Member ID or Password or any other violation of security. Member shall hereby agree that NSIC Infomediary shall not be legally responsible for any loss or damages arising from the Member’s failure to comply with this paragraph.
2.4 NSIC Infomediary retains the right to modify, upgrade, change, limit or put off the service or any of its related functionality at any time permanently or temporarily without prior notice. Furthermore, NSIC Infomediary also reserves the right to introduce new attributes, functionalities to the NSIC Infomediary service. NSIC Infomediary shall upgrade its version at anytime. All the new features, functionalities, alterations and upgrades shall be administrated by this Agreement, unless otherwise stated by NSIC Infomediary.
2.5 All Members acknowledge that inability to use the Service wholly or partly for whatsoever reason may have adverse effects on its business. Each Member hereby agrees that in no occasion shall NSIC Infomediary be responsible for any inability of use of the NSIC Infomediary’s Service both by the Member or any third parties (whether due to disruption, alterations or termination of the Service or otherwise). NSIC Infomediary shall not be liable to 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.
Member shall agree that any claim against NSIC Infomediary for untimely termination of the Service and loss of Free Member Benefits shall be limited to the amount of registration fees paid by the Member that are allocated to the unused section of the subscription period.
3. Member Responsibilities
3.1Each Member hereby represents, warrants and agrees to
Provide true, accurate, current and complete information about itself and its business references as may be required by NSIC Infomediary and
Responsively amend and maintain all information to keep it true, accurate, current and complete. Member shall hereby allow an irrevocable, continual, worldwide and royalty-free, sub-licensable license to NSIC Infomediary to present and use all information provided by Members abiding with the purposes stated in this Agreement.
3.2 NSIC Infomediary Members shall hereby agree that the use of the Service and the website shall not:
Carry false or misleading information or make deceiving trade offers or attempt to sale counterfeit or stolen items. Members shall not sale and/or market items that are prohibited by related law. Promoting or marketing illegal activities through the website too are prohibited.
Be a part of any kind of unlawful activity or purpose. Members shall not defraud other members or other users of the website either directly or indirectly. Members shall not invade others’ privacy or encourage conduct that would create a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
Encourage the infringement or violate any third party’s copyright, trade secrets or other proprietary right or rights of publicity and privacy. Breach any law or regulation applicable to export control, consumer protection, competition or fraud or unauthorized advertising.
Registered members giving false information for display and promotion of his/her business shall be responsible for their acts.
Any product or item sale of which is Prohibited by law applicable in India must not be put for business, business promotions, etc. Otherwise the person/company putting/Posting the same shall be responsible for the consequences rising therefore.
Global user except residing in India shall follow the law applicable in their respective country.
Carry content that is defamatory, unlawfully threatening or unlawfully harassing (including but not limited to spamming) or provoking, Content shall be free from obscene information, any pornography or sex-related trading or any other objectionable content or sexually provocative materials or is otherwise any content that could be harmful to minors or society at large.
Attempt to copy, reproduce, misuse or confiscate NSIC Infomediary ’s various owned directories, databases and listings.
Involve any computer viruses, destructive devices and data that could damaging, intervene, terminate or confiscate any software or hardware system, data or personal information. Shall not involve in any scheme or group to destroy or hinder the integrity of the computer systems or networks used by NSIC Infomediary and/or any user of the Service. No Member shall involve in attempt to attain unauthorized access to computer systems or networks used by NSIC Infomediary.
Get linked directly or indirectly to or include descriptions of property or services that are forbidden according to this Agreement or the NSIC Infomediary Terms and Conditions of Use.
Create any legal obligation for NSIC Infomediary or its affiliates.
Discrimination based on sex, religion, community, race, nationality, disability, sexual orientation or age is forbidden.
3.3 Members shall obtain all necessary permissions, approvals in written from its business partners and associates before posting information on behalf of any mediator. Member shall have the consent of such members to act as Member’s business mediator.
Member shall also have the consent to post their personal information, contact details and business information, citations and comments on their behalf. Third party may contact such business mediator to support claims or statements made about the Member. Each Member further approves that all citations and comments are true and hereby eliminates all requirements for such Member’s permission to be taken before third party may contact the mediator.
3.4 NSIC Infomediary shall not actively monitor nor exercise any editorial control whatever over the content of any message or other material or information produced or received through the Service. NSIC Infomediary shall not approve, verify or certify the comments or other information made by any Member. Members are individually responsible for the contents of their communications and may be held legally liable or answerable for the same.
3.5 Members shall obtain all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on NSIC Infomediary does not infringe the copyright, trademark, trade secret or any other personal or proprietary rights of any third party. Members shall obtain the permission of the owner(s) before posting their materials or information on website and NSIC Infomediary.
3.6 The violation of agreements stated in paragraphs 3.1, 3.2, 3.3, 3.4 or 3.5 shall lead to a suspension or termination of NSIC Infomediary’s Service. NSIC Infomediary reserves the right to suspend or terminate the service provided to Free Members if any of the above stated agreements are violated. NSIC Infomediary shall suspend or terminate the Service without any compensation, and turn down all present and future requests for NSIC Infomediary Services.
NSIC Infomediary is committed to lend full cooperation to legislative or private investigating authorities, and/or mistreated third parties in investigating of any suspected criminal or unlawful activity. NSIC Infomediary may disclose Member’s identity and contact information, if requested by a government or law enforcement body, a mistreated third party, or as a result of a subpoena or other legal action. NSIC Infomediary shall not be legally responsible for damages or results thereof and Member shall not bring any action against NSIC Infomediary for such disclosure. Based on the above points, NSIC Infomediary may suspend or terminate the Account of any Member, as NSIC Infomediary believes appropriate in its sole discretion.
3.7 Members shall not bring any action against NSIC Infomediary, its employees and representatives and shall hold them harmless, from any and all losses, claims and responsibilities, which may arise from its submissions, posting of information or deletion from there.
NSIC Infomediary shall have no legal responsibility for any material posted by such Member or third parties, including false, untrue, misleading, inaccurate, offensive or unlawful material. Member is entirely responsible for damage from such materials.
4. Transactions between buyers and suppliers
4.1 Buyers and Sellers listed in NSIC Infomediary use web-based platform provided by NSIC Infomediary to exchange information on products and services. NSIC Infomediary does not support, represent or control any Buyer or Seller in any specific business deal and does not charge any fee for the business transaction or communication.
Therefore, NSIC Infomediary is not legally responsible for the quality, safety, legitimacy or availability of the products or services offered for sale on the website. NSIC Infomediary is also not liable for the ability of the Seller and Buyers to complete their transaction through sale and purchase of specific product or service.
4.2 NSIC Infomediary hereby creates awareness for Members that there may be risks of doing business deals with people acting under fraudulence and duplicity. NSIC Infomediary practices several techniques to verify the truthfulness of the information provided by its users, while registering with NSIC Infomediary. However, verification of information provided by users on the Internet is very difficult. Hence, NSIC Infomediary cannot and does not confirm each user’s professed identity (whether the Member is a TrustStamp holder or a Gold Suppliers). NSIC Infomediary shall not be legally responsible for any type of fraudulence received by any Member while doing business deals. Members shall be themselves responsible for occurrence of any kind of loss while exchanging information or transaction with the third party or other Members in NSIC Infomediary.
4.3 Members agree with the facts bound to the risks of transactions while buying or selling while using the website to perform transactions. Transaction risks shall include, but is not restricted to, false explanation of products and services, poor quality, unable to meet requirements, products malfunctioning, deceitful proposals, delay or failure in delivery or payment, incorrect calculations of costs, violation of service contract, breach of agreement/bond and transaction mistakes, etc. Members are aware of the fact that NSIC Infomediary shall not be legally responsible for any damages that may occur while transaction or that includes issues connected to transaction risks.
NSIC Infomediary shall not be liable for any of the terms and conditions of the transactions conducted on, through or as a consequence of use of the website.
4.5 In any event where a Member has a dispute with any Member or party while a business deal, he/she assures to release NSIC Infomediary, its directors, affiliates and employees from all claims, demands, actions, proceedings, costs, expenses and damages occurring in connection with such deal.
5. Limitation of liability
5.1 NSIC Infomediary provides its features and services on the basis of availability, and NSIC Infomediary hereby explicitly denies any and all assurances, stated or implied, including but not restricted to any warranties of condition, quality, performance, durability, accuracy, reliability, marketing or fitness for a particular purpose. All such warranties, conditions, and terms are hereby omitted.
5.2 NSIC Infomediary makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or up-to-datedness of any information provided on or through the website.
5.3 Members shall download any material from the website in his sole discretion and risk. Members shall be solely responsible for any damage to its computer system or loss of data that may be the consequence of downloads.
NSIC Infomediary shall not be liable for any advice or information, whether oral or written, obtained by any Member from NSIC Infomediary or through website, if not specifically stated here.
5.4 NSIC Infomediary shall not be liable in any circumstance for any delay or failure or disruption of the services delivered through the website due to direct or indirect interference of nature and causes beyond man’s practical control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, power failures, fire, strikes, manpower problem, shortage of resources, riots, civil disturbances, natural calamities, war, legislative actions, orders of domestic or foreign courts or non-performance of third parties.
5.5 Members hereby agrees to assure and save NSIC Infomediary, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities arising from such Member's use of the website (including but not limited to the display of such Member's information on the Site) or from its infringement of any of the terms and conditions of this Agreement. NSIC Infomediary shall not be legally responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or prohibited material and that the possibility of damages from such material lies completely with the Member. NSIC Infomediary retains the right; at it own cost, to assume the sole defense and control of any matter if not subject to indemnification by you, in which event you shall cooperate with NSIC Infomediary in affirming any existing defenses.
5.6 Members shall be solely responsible for any special, direct, indirect, penalizing, incidental or consequential damages or any damages in any form, whether in dealing, negligence, misconduct, strict legal responsibility or otherwise or any other damages resulting from use or the inability to use the website; any fault in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the website; unauthorized access to data or private information of any Member; conduct of any Member of the website; or any matters relating to Services though arising of negligence.
6. Intellectual Property Rights
6.1 NSIC Infomediary is the sole owner or legally recognized licensee of all the rights to the website and the NSIC Infomediary Content. All rights relating to title, ownership and intellectual property rights in the website and NSIC Infomediary Content are reserved with NSIC Infomediary, its affiliates or licensors of the NSIC Infomediary Content, as the case may be. Further, NSIC Infomediary hereby retains all right not otherwise claimed under this Agreement or by NSIC Infomediary.
6.2 Any or all icons, logos and content with NSIC Infomediary are property of NSIC Infomediary, and unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7.2 NSIC Infomediary and the Member are self-governed contractors, and no business group, partnership, joint venture, employee-employer or franchiser-franchisee relationship is proposed or created by this Agreement.
7.3 If any term or condition here is found to be invalid or unenforceable, such conditions shall be detached from the Agreement and the remaining conditions shall be enforced.
7.4 Titles or heading are intended for reference purpose only and do not define, limit, interpret or describe the scope of any section in any way.
7.5 If NSIC Infomediary fails to enforce any right or fails to act respecting to any violation of the terms and conditions as stated herewith by a Member, that does not put aside the rights nor waives NSIC Infomediary 's right to act with respect with subsequent or similar violations.
7.6 NSIC Infomediary shall have the right to assign its obligation and duties in this Agreement and in any agreement relating to Paid Services to any person or entity.
7.7 This Agreement shall be governed by the laws of New Delhi, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of New Delhi, India.
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