PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of varshee.com (" Web Site"), which promotes business between vendors and
customers globally. It is an agreement between You as the user of the Web
Site Services and Varshee. The expressions “You” “Your” or “User(s)” refers
to any person who accesses or uses the Web Site for any purpose.
By subscribing to or interacting with other User(s) on or entering into
negotiations in respect of sale or supply of goods or services on or using
the Web Site in any manner for any purpose, You undertake and agree that
You have fully read, understood and accepted the Agreement.
I. WEBSITE- MERELY A VENUE/PLATFORM
The Web Site acts as a match-making platform for User(s) to negotiate and
interact with other User(s) for entering into negotiations in respect
thereof for sale or supply of goods or services. Varshee.com are not
parties to any negotiations that take place between the User(s) of the Web
Site and are further not parties to any agreement including an agreement
for sale or supply of goods or services or otherwise, concluded between the
User(s) of the Web Site.
VARSHEE does not control and is not liable in respect of or responsible for
the quality, safety, genuineness, lawfulness or availability of the
products or services offered for sale
on the Web Site or the ability of the User(s) selling or supplying the
goods or services to complete a sale or the ability of User(s) purchasing
goods or services to complete a purchase. This agreement shall not be
deemed to create any partnership, joint venture, or any other joint
business relationship between VARSHEE and any other party.
II. SERVICES PROVIDED BY VARSHEE
VARSHEE provides the following services to its Customers and their
respective definitions are classified here under: -
III. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the
services provided by VARSHEE, including but limited to the Web Site or any
other services provided by VARSHEE in relation to the use of the Web Site
("VARSHEE’s Services"). VARSHEE’s Services can only be
availed by those individuals or business entities, including sole
proprietorship firms, companies and partnerships, which are authorised
under applicable law to form legally binding agreements. As such, natural
persons below 18 years of age and business entities or organisations that
are not authorised by law to operate in India or other countries are not
authorised to avail or use VARSHEE’s Services.
User(s) agree to abide by the Agreement and any other rules and regulations
imposed by the applicable law from time to time.
VARSHEE or the website shall have no liability to the User(s) or anyone
else for any content, information or any other material transmitted over
VARSHEE’s Services, including any fraudulent, untrue, misleading,
inaccurate, defamatory, offensive or illicit material and that the risk of
damage from such material rests entirely with each User(s).The user shall
do its own due diligence before entering into any transaction with other
users on the website. VARSHEE at it’s sole discretion reserves the right to
refuse VARSHEE’s Services to anyone at any time. VARSHEE’s Services are not
available and may not be availed or used by User(s) whose Accounts have
been temporarily or indefinitely suspended by VARSHEE.
IV. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or
uses VARSHEE Services for any purpose.
It also applies to any legal entity which may be represented by any person
who accesses or uses the Web Site, under actual or apparent authority.
User(s) may use this Web Site and/or VARSHEE Services solely for their
commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by
VARSHEE, collectively with any additional terms and conditions that may be
applicable in respect of any specific service used or accessed by User(s)
on the Web Site. In the event of any conflict or inconsistency between any
provision of this Agreement and any additional terms and conditions
applicable in respect of any service offered on the Web Site, such
additional terms and conditions applicable in respect of that service shall
prevail over this Agreement. This Agreement shall govern the User’s usage
of VARSHEE Services and, the User acknowledges that this Agreement shall
supersede all or any term, agreement, contract executed between VARSHEE and
the User.
V. AMENDMENT TO USER(S) AGREEMENT
VARSHEE reserves the right to change, modify, amend, or update the
Agreement from time to time and such amended provisions of the Agreement
shall be effective immediately upon being posted on the Web Site. If You do
not agree to such provisions,
You must stop using the service with immediate effect.
Your continuous use of the service will be deemed to signify Your
acceptance of the amended provisions of the Agreement.
VI. INTELLECTUAL PROPERTY RIGHTS
VARSHEE is the sole owner and the lawful licensee of all the rights to the
Web Site and its content ("Web Site Content"). Web Site
Content means the design, layout, text, images, graphics, sound, video etc.
of or made available on the Web Site. The Web Site Content embodies trade
secrets and other intellectual property rights protected under worldwide
copyright and other applicable laws pertaining to intellectual property.
All title, ownership and intellectual property rights in the Web Site and
the Web Site Content shall remain in VARSHEE, its affiliates or licensor’s
of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by VARSHEE, are
hereby reserved. Any information or advertisements contained on,
distributed through, or linked, downloaded or accessed from any of the
services contained on the Web Site or any offer displayed on or in
connection with any service offered on the Web Site (" Website Information") is intended, solely to provide
general information for the personal use of the User(s), who fully accept
any and all responsibility and liabilities arising from and out of the use
of such Information. VARSHEE does not represent, warrant or endorse in any
manner the accuracy or reliability of Website Information, or the quality
of any products and/or services obtained by the User(s) as a result of any
Website Information.
For any content and or link uploaded to the Website by the User from
YouTube, the User agrees to abide and accepts, the terms of service of
YouTube, available at https://www.youtube.com/t/terms.
The Information is provided “as is” with no guarantee of completeness,
accuracy, timeliness or of the results obtained from the use of the
Information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing contained in the Agreement
shall to any extent substitute for the independent investigations and the
sound technical and business judgment of the User(s). In no event shall
VARSHEE be liable for any direct, indirect, incidental, punitive, or
consequential damages of any kind whatsoever with respect to VARSHEE’s
Services. User(s) hereby acknowledge that any reliance upon the Information
shall be at their sole risk and further understand and acknowledge that the
Information has been compiled from publicly aired and published sources.
VARSHEE respects the rights of such entities and cannot be deemed to be
infringing on the respective copyrights or businesses of such entities.
VARSHEE 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 Information.
VII. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to
User(s). User(s) acknowledge and agree that VARSHEE does not have any
control over the content of such websites and/ or any information,
resources or materials provided therein.
VARSHEE may allow User(s) access to content, products or services offered
by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to the websites offered by such third parties (" Third Party Websites"). VARSHEE advises its User(s) to
read the terms and conditions of use and/or privacy policies applicable in
respect of such Third Party Websites prior to using or accessing such Third
Party Websites. Users acknowledge and agree that VARSHEE has no control
over any content offered on Third Party Websites, does not monitor such
Third Party Websites, and shall in no manner be deemed to be liable or
responsible to any person for such Third Party Sites, or any content,
products or services made available thereof.
VIII. TERMINATION
Most content and some of the features on the Web Site are made available to
User(s) free of charge. However, VARSHEE reserves the right to terminate
access to certain areas or features of the Web Site (to paying or
registered User(s)) at any time without assigning any reason and with or
without notice to such User(s). VARSHEE also reserves the universal right
to deny access to particular User(s) to any or all of its services or
content without any prior notice or explanation in order to protect the
interests of VARSHEE and/ or other User(s) of the Web Site. VARSHEE further
reserves the right to limit, deny or create different access to the Web
Site and its features with respect to different User(s), or to change any
or all of the features of the Web Site or introduce new features without
any prior notice to User(s).
VARSHEE reserves the right to terminate the membership/subscription of any
User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered
with VARSHEE is provided by such User(s), or if such User(s) are engaged in
fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or
repeatedly publish the same product information.
(d) If such User(s) posts any material that is not related to trade or
business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or
business entity’s name to post information or conduct business in any
manner.
(f) If such User(s) is involved in unauthorized access, use, modification,
or control of the Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s)
Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the
ethics and honest business practices.
If VARSHEE terminates the membership of any registered User(s) including
those User(s) who have subscribed for the paid services of VARSHEE, such
person will not have the right to re-enrol or join the Web Site under a new
account or name unless invited to do so in writing by VARSHEE In any case
of termination, no subscription/membership fee/charges paid by the User(s)
will be refunded. User(s) acknowledge that inability to use the Web Site
wholly or partially for whatever reason may have adverse effect on their
business. User(s) hereby agree that in no event shall VARSHEE be liable to
any User(s) or any third parties for any inability to use the Web Site
(whether due to disruption, limited access, changes to or termination of
any features on the Web Site 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 Web Site or any of its features.
IX. REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been
made available on the Web Site which is for the convenience of User(s) so
that they can easily use the website.
User(s) can become registered User(s) by filling an on-line registration
form on the Web Site by providing the required information (including name,
contact information, details of User(s) business, etc.). VARSHEE will
establish an account ("Account") for the User(s) upon successful
registration and will assign a user alias ("User ID") and password
("Password") for log-in access to the User(s)’s Account. VARSHEE may at its
sole discretion assign to User(s) upon registration a web-based email or
messaging account (“Email Account”) with limited storage space to send or
receive emails or messages. Users will be responsible for the content of
all the messages communicated through the account.
User(s) registering on the Web Site on behalf of business entities
represent and warrant that: (a) they have the requisite authority to bind
such business entity this Agreement; (b) the address provided by such
User(s) at the time of registration is the principal place of business of
such business entity; and (c) all other information provided to VARSHEE
during the registration process is true, accurate, current and complete.
For purposes of this provision, a branch or representative office of a
User(s) will not be considered a separate entity and the principal place of
business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Web Site, they consent to the
inclusion of their personal data in VARSHEE’s on-line database and
authorize VARSHEE to share such information with other User(s). VARSHEE may
refuse registration and deny the membership and associated User ID and
Password to any User(s) for whatever reason. VARSHEE may suspend or
terminate a registered membership at any time without any prior
notification in interest of VARSHEE or general interest of its User(s)
without assigning any reason thereof and there shall arise no further
liability on VARSHEE of whatsoever nature due to the suspension or
termination of the User account. User(s) registered on the Web Site are in
no manner a part of or affiliated to VARSHEE.
User(s) further agree and consent to be contacted by VARSHEE through phone
calls, SMS notifications or any other means of communication, in respect to
the services provided by VARSHEE even if contact number(s) provided to
VARSHEE upon registration are on Do Not Call Registry.
X. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is
governed by VARSHEE’s privacy policy ("Privacy Policy").
XI. POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Web Site is provided or posted by third
parties. User(s) can post their content on some of the sections/services of
the Web Site using the self-help submit and edit tools made at the
respective sections of the Web Site. User(s) may need to register and/or
pay for using or availing some of these services.
User(s) understand and agree that VARSHEE in such case is not the author of
the content and that neither VARSHEE nor any of its affiliates, directors,
officers or employees have entered into any arrangement including any
agreement of sale or agency with such third parties by virtue of the
display of such content on the Web Site. User(s) further understand and
agree VARSHEE is not responsible for the accuracy, propriety, lawfulness or
truthfulness of any third party content made available on the Web Site and
shall not be liable to any User(s) in connection with any damage suffered
by the User(s) on account of the User(s)’s reliance on such content.
VARSHEE shall not be liable for a User(s) activities on the Web Site, and
shall not be liable to any person in connection with any damage suffered by
any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide VARSHEE with true, accurate, current and complete information
to be displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to
keep it true, accurate, current and complete.
User(s) hereby grant VARSHEE an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) license to display
and use all information provided by them in accordance with the purposes
set forth in the Agreement and to exercise the copyright, publicity and
database rights User(s) 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 Web Site, 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 Web Site (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 posted by User(s)
on the Web Site or provided to the Web Site or authorized by the User(s)
for display on the Web Site, 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 Third Party Rights. User(s) hereby
represent, warrant and agree that they have the right to manufacture,
offer, sell, import and distribute the products offered and displayed on
the Web Site, and that such manufacture, offer, sale, importation and/or
distribution of those products violates no Third Party Rights.
User(s) agree that they will not use VARSHEE Content and/or VARSHEE’s
Services to send junk mail, chain letters or spamming. Further, registered
User(s) of the Web Site agree that they will not use the Email Account to
publish, distribute, transmit or circulate any unsolicited advertising or
promotional information. User(s) further hereby represent, warrant and
agree (i) to host, display, upload, modify, publish, transmit, store,
update or share ; or (ii) submit to VARSHEE for display on the Web Site or
transmit or sought to be transmitted through VARSHEE’s Services any
content, material or information that does not and shall at no point:
· Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
· Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
· Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
· 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;
· Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
· Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
· Be vulgar, 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;
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· 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 or regulation;
· Solicit business from any User(s) in connection with a commercial activity that competes with VARSHEE;
· Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
· 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 or that are designed to interrupt, destroy or limit the functionality of any computer resource;
· Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for VARSHEE or its affiliates.
VARSHEE reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in VARSHEE’s
reasonable belief is unlawful or could subject VARSHEE to liability or in
violation of the Agreement or is otherwise found inappropriate in VARSHEE's
opinion. VARSHEE 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, VARSHEE reserves the right to
suspend or terminate the Account of any User(s) as deemed appropriate by
VARSHEE at its sole discretion. User(s) agree that VARSHEE shall have no
liability to any User(s), including liability in respect of consequential
or any other damages, in the event VARSHEE takes any of the actions
mentioned in this provision.
User(s) understand and agree that the Web Site acts as a content integrator
and is not responsible for the information provided by User(s) displayed on
the Web Site. VARSHEE does not have any role in developing the content
displayed on the Web Site. VARSHEE has the right to promote any content
including text, images, videos, brochures etc. provided by User(s) on
various platforms owned by the company.
XII. INTERACTION BETWEEN USERS
VARSHEE provides an on-line platform to facilitate interaction between
customers and vendors of products and services. VARSHEE does not represent
the seller or the buyer in transactions and does not charge any commission
for enabling any transaction. VARSHEE 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 Web Site or the ability of the
vendors to complete a sale or the ability of customers to complete a
purchase. User(s) are cautioned that there may be risks of dealing with
foreign nationals or people acting under false pretences on the Web Site.
Web Site uses several tools and techniques to verify the accuracy and
authenticity of the information provided by User(s). VARSHEE however,
cannot and does not confirm each User(s)’s purported identity on the Web
Site. VARSHEE encourages User(s) to evaluate the User(s) with whom they
would like to deal with and use the common prudence while dealing with
them.
User(s) agree to fully assume the risks of any transactions (" Transaction Risks") conducted on the basis of any content,
information or any other material provided on the Web Site and further
assume the risks of any liability or harm of any kind arising due to or
caused in connection with any subsequent activity relating to any products
or services that are the subject of any such transaction.
· Such risks include, but are not limited to, misrepresentation 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 miscalculations, breach of warranty, breach of contract 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 Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) 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 further include the risks that r the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that VARSHEE 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 any content, information or any other material
provided on the Web Site , 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 VARSHEE (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
Varshee reserves the right to add/modify/discontinue any of the features
offered on VARSHEE’s Services.
XIII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and
" as available " basis, and VARSHEE 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.
VARSHEE makes no representations or warranties about the validity,
accuracy, correctness, reliability, quality, stability or completeness of
any information provided on or through the Web Site including display or
listing of tenders on the Web Site which in no manner is endorsed by
VARSHEE. VARSHEE has no association of whatsoever nature with the publisher
and/or the published contents. Moreover, VARSHEE does not facilitate or
participate in any sale, delivery, transaction and / or storage related to
any product including but not limited to controversial weapons, cluster
munitions or anti-personnel mines and other such defense equipment. VARSHEE
does not represent or warrant that the manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Web Site does not violate any Third
Party Rights; and VARSHEE makes no representations or warranties of any
kind concerning any product or service offered or displayed on the Web
site. Any material downloaded or otherwise obtained through the Web site is
at the User(s) sole discretion and risk and the User(s) is solely
responsible for any damage to its 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 the User(s) from Web Site or through
or from the Web Site shall create or be deemed to create any warranty not
expressly stated herein.
Under no circumstances shall VARSHEE be held liable for any delay or
failure or disruption of the content or services delivered through the Web
Site 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, labour disputes, riots, insurrections,
civil disturbances, shortages of labour 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 VARSHEE, 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 their use of the Web Site (including but not
limited to the display of User(s) information on the Web Site) or from
User(s)’s breach of any of the terms and conditions of this Agreement.
User(s) hereby further agree to indemnify and save VARSHEE, 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 User(s)’s breach of any representations and warranties made
by the User(s) to VARSHEE.
User(s) hereby further agree to indemnify and save VARSHEE, 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 Web Site. User(s) hereby further agree that
VARSHEE is not responsible and shall have no liability for any material
posted by other User(s) or any other person, including defamatory,
offensive or illicit material and that the risk of damage from such
material rests entirely with the User(s). VARSHEE reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by any User(s), in which event such
User(s) shall cooperate with VARSHEE in asserting any available defences.
VARSHEE 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:
· Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
· 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 web site 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;
· Unauthorized access by third parties to data or private information of any User(s);
· Any matters relating to Premium Services however arising, including negligence.
XIV. NOTICES
All notices or demands to or upon VARSHEE shall be effective if in writing
and shall be deemed to be duly made when sent to VARSHEE to Varshee, SAAJ
LLC, 8 The Green STE R, Dover, DE 19901, USA
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) on the Web Site, or by posting such notice or demand on an area
of the Web Site 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 Web Site is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User(s), or immediately
upon Web Site’s posting such notice on an area of the Web Site that is
publicly accessible without charge.
XV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by
the laws of Indian/US Territory. VARSHEE considers itself and intends
itself to be subject to the jurisdiction of the Courts of Noida, Uttar
Pradesh, India only. The parties to this Agreement hereby submit to the
exclusive jurisdiction of the courts of Noida, Uttar Pradesh, India.
XVI. MISCELLANEOUS
· Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
· VARSHEE’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a VARSHEE’s waiver of that right or VARSHEE's waiver of the right to act with respect with subsequent or similar breaches.
· VARSHEE shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating VARSHEE’s Services to any person or entity
· If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
· All calls to Varshee are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Varshee may be monitored and recorded.
· The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and VARSHEE with respect to access to and use of the Web Site, superseding any prior written or oral agreements in relation to the same subject matter herein
XVII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Web Site does not facilitate the purchase of pharmaceutical products,
and only advertises and/or showcases the pharmaceutical products posted by
Users(s). User(s) involved in the purchase and supply of pharmaceutical
products hereby agree to abide by and be compliant of any applicable laws,
rules, regulations, notifications or orders issued by the Government of
India or any of its agencies from time to time in this regard including but
not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules,
1945 ("Drug Rules"), Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 (" Drug and Magic Remedies Act").
VARSHEE shall not be responsible for any information, content or material
in respect of or related to any pharmaceutical product posted, provided or
displayed by User(s) on the Web Site. Accordingly, the User posting the
content shall ensure that the content so posted does not violate any statue
in the rules made thereunder including the Act(s) as referred above, so
that no consequences of any nature could be attributed to VARSHEE in any
manner whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall
bear all the liabilities in respect of selling prescription medicines
and/or drugs mentioned in any of the Schedules of the Drug Rules without a
prescription issued by a registered medical practitioner and in accordance
with the conditions laid down in such rules. In the event of breach of such
condition, VARSHEE shall not be liable and responsible in any manner
whatsoever.
Users(s) undertake and agree to indemnify and hold harmless VARSHEE and/or
any of its affiliates, directors, officers, employees or representatives
from and against any and all losses, liabilities, damages, claims, costs
and expenses (including attorney’s fees and expenses, any third party
claims), which VARSHEE may incur or suffer as a result of or in connection
with any illegal sales of drugs and/or medicines.
VARSHEE does not offer any guarantees or warranties on the medicinal
products or services displayed or listed on the Web Site and is not liable
for any relevant transaction between the User(s), including transactions
involving sale of any medicine(s) restricted and/or banned for sale by any
governmental or any other regulatory authorities.