NATURE AND APPLICABILITY OF T&C
It is an agreement between you i.e user(s)/Service Provider(s)/Member(s) of the web site (All will be referred as the"User(s)" and at the same time it may change if it refers to a particular person i.e Service/Product providers & Customers/End users) and “Aamoni (OPC) Private Limited" (hereinafter referred to as "Aamoni or Company").
Before you subscribe to and/or begin participating in or using web site, Aamoni believes that user(s) have fully read, understood and accept the agreement.
I. DEFINITION OF “AAMONI”
“Aamoni” shall be considered as a venue/platform for Users where they can negotiate/interact for their respective requirements/products/services. This agreement shall not be deemed to createany partnership, joint venture, or other joint business relationship between Aamoni and any other party.
II. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use/provide the services organized by Aamoni. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i.e. user(s) must be at least 18 years of age to be eligible to use our services.
Aamoni advises its users that while accessing the website, they must follow/abide by the related laws of the land. Aamoni is not responsible for the possible consequences caused by your service provider behavior while availing the services & products. AAMONI may, in its sole discretion, refuse the service to anyone at any time.
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered user(s),Service Providers, Manufacturers or any End user who access the website for any purpose. It also applies to any legal entity which may be represented by you under actualor apparent authority.
This agreement applies to all Aamoni services/products offered on the website, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned here in with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
IV. AMENDMENT TO USER(S) T&C
Aamoni may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you shall stop using the services/Products. Your regular visits to the websites will signify your acceptance of the changed terms.
V. INTELLECTUAL PROPERTY RIGHTS
Aamoni is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Company website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Company website and its content shall remains with Aamoni, its affiliates or licensor's of aamoni.com content, as the case may be.
All rights, not otherwise claimed under this agreement or by aamoni.com, are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Aamoni does not represent or endorse the benefits or reliability or applicability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or service obtained by you as a result of an advertisement/information or offer in or in connection with the service.
We accept no liability for any errors or omissions, or for the results obtained from the use of this information. All information in this website is provided"as is" with no guarantee of completeness, accuracy, timeliness or ofthe results obtained from the use of this information, and without warranty/guarantee of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing here in shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Aamoni be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. Aamoni respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. Aamoni reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials/products.
"Aamoni", [To be inserted the related words] and related icons and logos are registered trademarks or trademarks or service marks of AAMONI in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of Aamoni except the third party content and link to third party website on our website.
Aamoni is not an expert in your intellectual property rights, and we may not verify if we have infringed any rights knowingly or unknowingly considering there are many products & services offered by us. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Aamoni is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Aamoni is not endorsing a claim of infringement. Neither, in those instances in which Aamoni declines to take down a listing, is Aamoni determining that the listing is not infringing, nor is Aamoni endorsing the sale of goods in such cases.
Aamoni respects the intellectual property rights of others, and we also expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the website (the "Aamoni content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Aamoni, or otherwise commercially exploiting the Aamoni content. Systematic retrieval of Aamoni content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Aamoni is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Aamoni's services, you agree that you will not use the website service to infringe the intellectual property rights of others in any way. Aamoni reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Aamoni service, or if Aamoni believes that user(s) conduct is harmful to the interests of Aamoni, its affiliates, or other users, or for any other reason in Aamoni's sole discretion, with or without cause.
URL's/Sub-Domain Names assigned by Aamoni to its users (which includes both paid and free) is the exclusive property of Aamoni and it cannot be assumed to be permanent in any case. Aamoni reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. In such case, Aamoni will not be liable to any party for any direct, indirect, special or other consequential damages, inclusing, without limitation, any lost profits, business interruption or otherwise.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by website as a convenience to user(s) and Aamoni has not have any control over such sites i.e content and resources provided by them.
Aamoni may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels orotherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Aamoni believes that user(s) acknowledge that Aamoni has no control over such third party's site, does not monitor such sites, and Aamoni shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the Company website are made available to user(s). However, Aamoni reserves the right to terminate access to certain areas or features of the website (to paying or registered users/Service providers) at any time for any reason, with or without notice. Aamoni also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Aamoni and/or other visitors to the website. Aamoni reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
Aamoni withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s)/Service providers have provided/inserted any false information in connection with the member account to Aamoni, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of user agreement and/or Agreement of website.
(c) Utilize Company website to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that is not related to international trade or business cooperation.
(e) Impersonate/imitate or unlawfully use another companies/service providers name to post information or conduct business of any form&
(f) Any unauthorized access, use, modification, or control of the Company website data base, network or related services.
(g) Obtain by any means website member's user name and/or password.
If Aamoni terminates user(s) membership, user(s) will not have the right to re-enroll or join Aamoni under a new account or name unless formally invited to do so by Aamoni. In any case of termination, no membership charges/commission will be refunded. User(s) acknowledge that inability to use the Company website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the Company be liable to the user(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
VIII. REGISTERED USER(S)
To become a Registered User(s), there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the Company website by giving desired information (name, contact information, details of its business, etc.). Aamoni will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Company may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and; (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Aamoni during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Aamoni to share such information with other user(s). Aamoni may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Company may suspend or terminate a Registered membership at any time without any prior notification in interest of Aamoni or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of Aamoni in any way.
Despite my and organization's contact number(s) are on Do Not Call Registry, Icon sent to be contacted by Aamoni through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Aamoni.
IX. DATA PROTECTION
X. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services i.e service made available by service providers & any company or individuals who wish to provide services or sell their products. If the users i.e service providers & any company or individuals wishes to take company help in the registration or uploading their content on website then the respective users needs to pay professional for the same and the same will be governed by Service Provider Agreement (SPA)
Aamoni in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither Aamoni nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. Aamoni is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, Aamoni is not responsible for the conduct of user(s) activities on the website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
(a) provide Aamoni with true, accurate, current and complete information to be displayed on the website and;
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Aamoni to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the website (hereafter referred to as"Third Party Rights").
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the website or provide to website or authorize the Company to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) here by represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the website, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to Aamoni for display on the website will not:
(i) Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeitor stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
(ii) Be part of a scheme to defraud other User(s) of the website or for any other unlawful purpose;
(iii) Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
(iv) Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(v) Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(vi) Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(vii) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(viii) Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law orregulation;
(ix) Solicit business from any User(s) inconnection with a commercial activity that competes with Aamoni
(x) Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Aamoni reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the website which it reasonably believes is unlawful, could subject Aamoni to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in Aamoni's opinion. Company reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, Company may suspend or terminate the Account of any User as Company deems appropriate in its sole discretion. User(s) agree that Company shall have no liability to any User(s), including no liability for consequential or any other damages, in the event Company takes any of the actions mentioned in this Section, and that you agree to bear the risk that Company may take such actions.
The Website acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the website. Aamoni do not have any role in developing the content.
XI. INTERACTION BETWEEN USERS
Aamoni provides an on-line platform for exchanging information between buyers sand suppliers of products and services to End users. The company Website does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. The company uses several techniques to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, Aamoni cannot and does not confirm each user(s) purported identity . Aamoni encourages user(s) to use respective information available on the website and common sense along with their reasonable mind, to evaluate the user(s) with whom they would like to deal/interact with and take all safety measures in order to deal with some unforeseeable situations.
User(s) acknowledge that user(s) fully assume the risks of purchase-sale & services transactions when using online transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the website.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of services and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the website as a result of purchase and sale transactions in connection with using the website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that Aamoni shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the website, including, without limitation terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify Aamoni (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on website solely for their personal or internal purposes.
Aamoni reserves the right to add/modify/discontinue any of the features offered with a service.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the website are provided on an "as is"and "as available" basis, and website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Aamoni makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the website. Aamoni does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third party rights; and Aamoni makes no representations or warranties of any kind concerning any product or service offered or displayed on the website. Any material downloaded or otherwise obtained through the website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from website or through or from the website shall create any warranty not expressly stated herein.
Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer,telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the website (including but not limited to the display of your information on the website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to website.
User(s) hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the website. User(s) hereby further agree that Company is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Company in asserting any available defenses.
Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
(a) The use or the inability to use the website;
(b) Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
(c) Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
(d) Unauthorized access by third parties to data or private information of any User(s);
(e) Statements or conduct of any User(s) of the website; or
(f) Any matters relating to Premium Services however arising, including negligence.
All notices or demands to or upon Company shall be effective if in writing and shall be duly made when sent to Aamoni in the following manner: to Aamoni OPC Pvt. Ltd, 104th Tower, S-7 Saraswati apartment, D-6 Vasant Kunj, New Delhi-110070 India.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to Company, or by posting such notice or demand on an area of the website that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon website's posting such notice on an area of the website that is publicly accessible without charge.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
(a) The company's website failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives Aamoni's right to act with respect with subsequent or similar breaches.
(b) Company shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.