The domain name www.BusinessEx.com is owned by BusinessEx a business unit of Franchise India Brands Limited a company incorporated under the Companies Act, 1956 with its registered office at F-89/11, Okhla Phase-I, New Delhi-110020, India (hereinafter referred to as “BusinessEx”).
- ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT. The Services/Products provided by BusinessEx are provided to the User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by BusinessEx, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between a User and BusinessEx and supersedes any prior agreements pertaining to the subject matter contained herein.
- REGARDING SERVICES/PRODUCTS. BusinessEx provides free as well as paid Services/Products and for the Services/Products it charges, the fee of related thereto shall be subject to revisions at higher side in future. BusinessEx reserves the right to modify or discontinue, temporarily or permanently, the Services/Products with or without notice to the User. The User agrees that BusinessEx shall not be liable to the User or any third party for any modification or discontinuance of the Services/Products. Any and all payment made towards the paid Services and/or Products shall be non-refundable in any and all circumstances whatsoever.
- USER’S REGISTRATION OBLIGATIONS. The User must be at least eighteen (18) years old to register for the Services/Products. In consideration of use of the Services/Products, the User agrees to: (a) provide true, accurate, current, and complete information about the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by the User (“Registration Data”) is untrue, inaccurate, not current, or incomplete, BusinessEx has the right to terminate User’s account (without refund in case of paid Services/Products) and refuse any and all current and/or future use of the Services/Products.
- COMMUNNICATION TO USERS. BusinessEx may communicate its registered users/ members via promotional and transactional Emails, SMS’s and calls to deliver information about its services/products, renewal, promo offers of it’s partners and alliances.
- USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY The User may be asked to choose the first part of his/her user name, which will be followed by the “@” symbol and BusinessEx’s domain name (Example: YourNameHere@Example.com). The User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in BusinessEx’s sole discretion. BusinessEx shall own the User’s complete user name. The User will receive a designated password and account upon completing the registration process for the Services/Product. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the User’s account. The User agrees to immediately notify BusinessEx of any unauthorized use of the User’s password or account or of any other breach of security.
- USER CONDUCT & OBLIGATIONS.
- The User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services/Products, and agrees not to interfere with the use and enjoyment of the Services/Products by other users. The User agrees to be solely responsible for the contents of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services/Products.
- The User further agrees that the user shall be liable for all of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services/Products. The User further undertakes that he/she/it shall comply with all the provisions of the Information Technology Act, 2000 and also all rules, regulations and notifications made thereunder.
- The User agrees: (i) not to use the Services/Products for illegal purposes; (ii) not to interfere with or disrupt the Services/Products or servers or networks connected to the Services/Products; (iii) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services/Products; (iv) not to resell the Services/Products or use of or access to the Services/Products; and (v) to comply with all applicable laws regarding the transmission of technical data exported from India.
- The User agrees not to upload, post, email, or otherwise transmit through the Services/Products: (i) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (ii) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (iii) any material that violates any applicable local, state, national, or international law or regulation; or (iv) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation.
- The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. The User acknowledges and agrees that BusinessEx may ban the User from future use of the Services if the User does not comply with standards of conduct of BusinessEx. Furthermore, the User acknowledges and agrees that BusinessEx may recover damages from User if User violates these terms or any provisions of the Information Technology Act, 2000. Further, the User can be reported for his illegal conduct to the law enforcement agencies for appropriate action under the Information Technology Act, 2000, India Penal Code and such other laws as may be applicable. If in case the User comes to know of any of the above acts being done by another User or any of the provisions of this Agreement being violated by another user, then the User shall be under an obligation to inform BusinessEx of such acts or violations so that appropriate action in this regard can be taken by BusinessEx.
- IF the User has availed any of the Services/Products, it shall ensure: (i) to share any/ all information with BusinessEx including but not limited to documents/information in relation to the business or business requirements of User, its current status, marketing plans, all financial documents (as applicable), and any other information critical to the User or his/her/its business for facilitating the purpose of the Services/Products; (ii) not circumvent the role of BusinessEx at any point in time by directly dealing with the prospective buyer/seller (as the case may be; (iii) that all dealings and negotiations qua the prospective buyer/seller (as the case may be in relation to the Services availed or Products purchased by the User) including third party offers directly made to the User are routed through the BusinessEx.
- INDEMNITY. The User agrees to indemnify and hold BusinessEx and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Services/Product, User’s connection to the Services/Product, User’s violation of this Agreement, or User’s violation of any rights of another party.
- STORAGE OF COMMUNICATIONS. BusinessEx assumes no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. BusinessEx may establish in its sole discretion an upper limit on the extent of message storage it will maintain for the User.
- The User agrees that BusinessEx, may terminate the User’s password, account, or use of the Services/Products if BusinessEx, believes: (i) that the User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that the User has violated the rights of BusinessEx, or their third party service providers or other Users or parties.
- The User further agrees that BusinessEx may terminate the User’s password, account, or use of the Services/Products if the User (i) fails to provide requisite support to BusinessEx; or (ii) If the User fails to pay the consideration to BusinessEx against the accrued payments or towards the payments already due; or (iii) If the User misrepresents and provides incorrect information to BusinessEx; or (iv) If any of the representations and warranties given by the User under this Agreement or Website is found to be untrue or misleading; or (v) If the User is in breach of its obligations under this Agreement and such breach remains uncured during the notice period, requiring it to remedy the same. The User also acknowledges and agrees that termination of any of the Services/Products may be effected without prior notice.
- LINKS. The Services/Products may provide, or users may include in email or community postings, links to other websites or resources. However, the User agrees not to include in email or community postings (or elsewhere via the Services/Products) any “deep link” which leads to a web page, other than the home page, of another party’s web site unless such a link is authorized by the owner of that web site. The User acknowledges and agrees that BusinessEx is not responsible for the availability of such external sites or resources, or for the User’s use of deep links, and that BusinessEx does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
- PROPRIETARY RIGHTS of BUSINESSEX. The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by BusinessEx, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
- DISCLAIMER OF WARRANTIES
- The user expressly agrees that use of the services is at the user’s sole risk. The services are provided on an “as is” and “as available” basis.
- Businessex expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Businessex also disclaims any guarantee of success of the transaction contemplated under/vide the services/products offered by businessex.
- Businessex makes no warranty that the services/products will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does businessex make any warranty as to the results that may be obtained from the use of the services/products, or as to the accuracy or reliability of any information obtained through the services/products.
- The user understands and agrees that any information, content, data, or other material downloaded or otherwise obtained through or from the services is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user’s computer system or any loss of data that results from the download of such material or data.
- Businessex makes no warranty regarding any services or products purchased or obtained through or from the services or any transactions entered into through the services.
- No advice or information, whether oral or written, obtained by the user from businessex or through or from the services, shall create any warranty not expressly stated herein.
- The user acknowledges that businessex is providing services/products that are advisory in nature. Thus, the user shall conduct its own due diligence or evaluation qua the prospective buyer/seller before materializing the transaction contemplated against the respective services/products and not relying upon the representation given by businessex.
- LIMITATION OF LIABILITY
- The user agrees that businessex, and their third party service providers shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the services/products, or for cost of procurement of substitute services/products, or resulting from any services/products purchased or obtained, or from messages received or transactions entered into through or from the services/products, or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if businessex has been advised of the possibility of such damages.
- The user further agrees that businessex, and their third party service providers shall not be liable for any damages arising from interruption, suspension, or termination of services/products, including, but not limited to, direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
- The user acknowledges and agrees that in no event shall businessex be liable for any damages, whether in contract or tort, including, but not limited to, direct, indirect, incidental, or consequential damages, or lost profits or cost of procurement of substitute goods or services, arising out of compliance or reasonable attempts to: (i) comply with the indian copyright act.
- In no event shall businessex be liable for any and all matters relating to this agreement for any aggregate amount in excess of rs.100/-.
- AMENDMENT BusinessEx may modify this Agreement at any time, and such modifications shall be effective immediately upon posting and continued access or use of the Services/Products shall be deemed to be the User’s conclusive acceptance of the modified Agreement.
- GENERAL. This Agreement and the relationship between User and BusinessEx shall be governed by the laws of INDIA without regard to its conflict of law provisions. User and BusinessEx, agree to submit to the personal and exclusive jurisdiction of the courts located within NEW DELHI. The failure of BusinessEx, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services/Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.