Agreement

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 Partpurja.com ("Web Site"), which promotes business between suppliers and buyers globally. It is an agreement between You as the user of the Web Site and Embedded Infosoft (India) Pvt. Ltd. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation (Hereinafter “ Platform”) in order to connect with large number of Vendors and Buyers in the Textile Sourcing Industry on a single platform and such other services as may be introduced from time to time (“Services”). The Company is the owner of the Site and the Platform and by accessing, installing, downloading, or otherwise using the Site and the Platform; You agree to be bound by the Terms.

The use of this Site is subject to, and constitutes acknowledgment and acceptance of, the "Terms". It is mandatory for all Users of the Site and the Platform to have read carefully, fully understood and be in total agreement to the Terms before they proceed to use any of the Services offered on the Site and Platform by the Company.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.

WEBSITE

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. Partpurja.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.

Partpurja.com 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 Partpurja.com, and any other party.

USER(S) ELIGIBILITY

User(s) represent and warrant that they have the right to avail or use the services provided by Partpurja.com, including but limited to the Web Site ("Partpurja.com’s Services"). Partpurja.com’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 Partpurja.com’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. Partpurja.com or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Partpurja.com’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. Partpurja.com at it’s sole discretion reserves the right to refuse Partpurja.com’s Services to anyone at any time. Partpurja.com’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by Partpurja.com.

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.). Partpurja.com 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.

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 Partpurja.com 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 Partpurja.com’s on-line database and authorize Partpurja.com to share such information with other User(s). Partpurja.com may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. Partpurja.com may suspend or terminate a registered membership at any time without any prior notification in interest of Partpurja.com or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on Partpurja.com 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 Partpurja.com.

USER(S) AGREEMENT

This Agreement applies to any person who accesses or uses the Web Site 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 solely for their commercial/business purposes.

This Agreement applies to all services offered on the Web Site and by Partpurja.com, 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.

AMENDMENT TO USER(S) AGREEMENT

Partpurja.com 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.

GRANT OF RIGHTS AND ROLE OF THE COMPANY

1. This Site and/or Platform is owned and operated by the Company. All the content featured or displayed on this Site and/or Platform, including, but not limited to, text, graphics, data, images (photographic and moving), workflow, Illustrations, client lists, summary of clients, categories of Products, other information incidental thereto and selection and arrangement thereof (the "Content" excluding the User Information), is owned by the Company.
2. The Company owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Site and/or Platform, the present or future modifications / up gradations thereof and standard enhancements thereto and the Content.
3. The Company subject to the Terms, grants You and You accept a non-exclusive, personal, non-transferable, non-sub licensable, limited right to have access to and use the Site and/or Platform, and Services offered therein for the duration you are registered with Us as a User.
4. The Terms do not and shall not transfer any ownership or proprietary interest in the Site and/or Platform from the Company to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Company and You.
5. The Company hereby states that the Information uploaded, shared, posted by User(s)on the Site and/or Platform is proprietary to and owned by the Users and is provided to you under license.
6. The license granted hereunder is for the limited purpose to use the Site and/or Platform and Services offered there under and You shall not obtain any rights thereto.
7. You agree that You are the owner of all rights, including all intellectual property rights in the information that You upload, post or share on the Site and/ or Platform and provide to Company.
8. You hereby grant Us and the other Users a perpetual, non-revocable, worldwide, royalty-free license to make use of the User Information including the right to copy, distribute, display, reproduce, modify, adapt, the User Information posted by you, and create derivate works of as the case may be.

Role of the Company

1. Company does not offer Services on its own but provides a marketplace for connecting Users who are Vendors and/or Sellers. Company's role is limited to
2. providing a platform for the Vendor’s to connect with Sellers who wish to offer their Products for sale on the Site and/or Platform.
3. b) allowing the Users i.e. Vendors and/or Sellers to post details of the Products they wish to sell or source.
4. c) providing a platform to help Vendors and Sellers place orders for Products from credible Users.
5. providing a platform for disbursal of payment for purchasing the Products.
6. The Company may help the Buyers reach a lot number of credible Vendors at one go, leading to reduce sourcing lead times at a competitive prices, but such help does not create any liability on the Company as to the matters incidental thereto in relation to the quality of the Products provided by the Vendors and payments made by the Buyers.
7. Company is not responsible for the dealings between Vendors and Buyers including but not limited to losses arising out of non-delivery, poor quality of delivery, partial delivery, excess delivery or late delivery of Products, partial payment, deductions on payment, delayed payment, non-payment, withdrawal, cancellation or change of orders.
8. Company does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or credibility of the Vendors and/or Buyers, the quality or genuineness of the Products, background, the ability of the Seller to deliver Products or of the Vendor to pay for the Products.
9. Company is not a party to the dealings between the Vendors and/or Buyers.
10. Vendors and/or Buyers are independent contractors. Company is not responsible for and disclaims any and all liability related to the actions or inactions of the Vendors and/or Buyers.
11. Company’s role is that of an 'intermediary' as defined under the Information Technology Act, 2008 and the rules there under. Being an intermediary, the Company is merely providing a platform to the Vendors to connect with the Buyers and thus has no responsibility and / or liability in respect of the Services and transactions being conducted on the Site and/or Platform.
12. Company does not have the obligation to pre-screen or monitor the quality of the Products being provided by the Buyers or the background of the Vendors at any time. However, Company may elect to monitor and remove any Buyer and/or Vendor from the Site and/or Platform if the Company determines in its sole discretion that such Vendor and/or Buyer is offering Products or doing activities in violation of the Terms or any applicable law and best practices.
13. If Company suspects any illegal, wrongful or fraudulent activity on the Site and/or Platform by You, notwithstanding any other rights the Company may have, Company reserves the right to inform the relevant government or law enforcement authorities. Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

POSTING YOUR CONTENT ON WEBSITE

User(s) understand and agree that Partpurja.com in such case is not the author of the content and that neither Partpurja.com 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 Partpurja.com 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. Partpurja.com 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 Partpurja.com 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 Partpurja.com 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 Partpurja.com Content and/or Partpurja.com’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 that any content, material or information submitted to Partpurja.com for display on the Web Site or transmitted or sought to be transmitted through Partpurja.com’s Services does not and shall at no point:

1. 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;
2. Belong to another person and to which User(s) do not have any right to;
3. Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
4. Be intended to deceive or mislead the addressee about the origin of such messages or to communicate any information which is grossly offensive or menacing in nature;
5. 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;
6. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
7. Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, 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;
8. 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;
9. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10. 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;
11. Solicit business from any User(s) in connection with a commercial activity that competes with Partpurja.com;
12. 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.
13. 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;
14. 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 Partpurja.com or its affiliates

Partpurja.com reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in Partpurja.com’s reasonable belief is unlawful or could subject Partpurja.com to liability or in violation of the Agreement or is otherwise found inappropriate in Partpurja.com 's opinion. Partpurja.com 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, Partpurja.com reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by Partpurja.com at its sole discretion. User(s) agree that Partpurja.com shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Partpurja.com 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. Partpurja.com does not have any role in developing the content displayed on the Web Site. Partpurja.com has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.

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 Partpurja.com does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

Partpurja.com 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"). Partpurja.com 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 Partpurja.com 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.

DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is governed by Partpurja.com’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy..

DISCLAIMER AND EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY / INDEMNITY

The Site and/or Platform, Services offered therein and the information contained therein are provided on an "as is" and "as available" basis, without 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 and non-infringement.

You are solely responsible for any and all acts or omissions taken or made in reliance on the Site, and/or Platform or the information therein, including inaccurate or incomplete information. It is expressly agreed that in no event shall the Company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the Company has been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers, internet service providers orthe system.

You acknowledge that Users have access to the Site and/or Platform and are receiving our Services. Such Users have committed to comply with Terms set out with them and our policies and procedures concerning use of the Site and/or Platform, however, the actions of such Users are beyond our control. Accordingly, We do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the Site and/or Platform resulting from any Users’ actions or failures to act.

While it is our objective to make the Site and Platform accessible at all times, the Site and/or Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Site and/or Platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to the Site and/or Platform may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Company shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension or termination of the Site and/or Platform.

We expressly disclaim any liability for the consequences to You arising because of your use of the Site, the Platform or the Services. We expressly disclaim any liability for any incorrect information provided to you by any User and for any failure of the User to complete the assignment on time or the quality of the Products offered by the User or the payment/non-payment of the consideration for the Products so offered.

We do not warrant that your use of the Site and/or Platform and the Services under these Terms will not violate any law or regulation applicable to you.

The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Site. The Company 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 Site does not violate any third party rights; and Company makes no representations or warranties of any kind concerning any Product or Service offered or displayed on the Site.

Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User 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 any User from the Company or through or from the Site shall create any warranty not expressly stated herein.

Limitation of Liability

In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

1. Access to or use of the Site and/or Platform or any Services or Products offered by any User via the Site and/or Platform.
2. Errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance available on the Site and/or Platform or submitted content.
3. Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein.
4. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site and/or Platform by any third party.
5. Any interruption or cessation of transmission to or from the Site and/or Platform.
6. Any errors or omissions in any data, content, information, materials or substance on the Site, Platform or submitted content.
7. Any failed negotiations for a service, Product or any disputes that arise during or after the negotiation or the formation of a contract for a Product, or any other dispute that arises between Vendors and/or Buyers.
8. Any defamatory, offensive, or illegal conduct of any third party or User.
9. Any use of any data, marks, content, information, materials or substance of the Site and/or the Platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the Site and/or Platform whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or Services delivered through the Site and/or Platform 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 labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Notwithstanding the above, in the event the Company should have any liability to you or any third party for any loss, harm or damage, you and the Company agree that such liability shall under no circumstances exceed the value of any Fees received by the Company from you in the preceding twelve months in connection with use of the Site and/or Platform or INR 3000 whichever is lower. You and the Company agree that the foregoing limitation of liability is an agreed allocation of risk between you and the Company. You acknowledge that without your assent to this section, the Company would not provide access to the Site and/or Platform and Services, to you.

Indemnity

Each User hereby agrees to indemnify and save the 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 such User's use of the Site and/or Platform (including but not limited to the display of such User's information on the Site and/or Platform) or from its breach of any of the terms and conditions of this Agreement.

Each User hereby further agrees to indemnify and save the 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, from your use of, access to, and participation in the Site and/or Platform; your violation of any provision of the Terms, including the privacy policy; your violation of any third party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party or infringed any third party intellectual property. This defence and indemnification obligation will survive these Terms and your use of the Site and/or Platform.

The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defence.

If you have a dispute with one or more Users, you forever release the Company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site and/or Platform or any submitted User information.

Confidential Information

Confidential Information

1. If in written format is marked as confidential. Or
2. If disclosed verbally is noted as confidential at time of disclosure.
3. In the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Site, Platform, User Information such as details about the Products, the designs/specifications of the Products, all types of data, information, ideas, specifications, procedures, technical processes and formulas, source code, product designs, financial information, business plans, projections, marketing data and other similar information provided by a party, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
4. You will treat all information received from the Company and other Users on the Site and/or Platform such as the category of Products, designs, price lists etc. as confidential. You may not disclose such Confidential Information to any other person, and You may not use any Confidential Information except as provided herein. Except as otherwise provided in Terms, You may not, at any time, during or after the applicability of these Terms, directly or indirectly, divulge or disclose Confidential Information for any purpose or use Confidential Information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of Confidential Information, and to keep the Confidential Information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose Confidential Information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Terms only. You will inform all such recipients of the confidential nature of Confidential Information and will instruct them to deal with Confidential Information in accordance with these Terms.
5. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the Confidential Information by any person, which may come to Your attention.
6. You agree that We or the Users will suffer irreparable harm if You fail to comply with the obligations set forth in this Section, and You further agree that monetary damages will be inadequate to compensate Us or the Users for any such breach. Accordingly, You agree that We and the Users will, in addition to any other remedies available at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
7. This Section will survive the termination or expiration of these Terms or Agreement for any reason.

TERMINATION

Most content and some of the features on the Web Site are made available to User(s) free of charge. However, Partpurja.com 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). Partpurja.com 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 Partpurja.com and/ or other User(s) of the Web Site. Partpurja.com 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).

Partpurja.com reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:

1. a)If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
2. b)If any false information in connection with their account registered with Partpurja.com is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
3. c)If such User(s) posts any material that is not related to international trade or business cooperation.
4. d)If such User(s) breaches any provisions of the Agreement.
5. e)If such User(s) obtains by any means another registered User(s) Username and/or Password.
6. f)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. 
7. g)Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
8. h)If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.

If Partpurja.com terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of Partpurja.com, 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 Partpurja.com. 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 Partpurja.com 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.

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.

Partpurja.com’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 Partpurja.com’s waiver of that right or Partpurja.com 's waiver of the right to act with respect with subsequent or similar breaches.

Partpurja.com shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating Partpurja.com’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 Partpurja.com 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 Partpurja.com may be monitored and recorded.

Any complaints or concerns with regards to any content on Partpurja.com’s Services or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Embedded Infosoft (India) Pvt. Ltd through an email signed with the electronic signature sent to info@partpurja.com. The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Partpurja.com 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.

DISPUTE BETWEEN BUYERS AND VENDORS

The disputes between You and other Users such as Buyers and/or Vendors as the case may be in connection with buying, purchasing or offering and receiving Products, including payment of and delivery of any Products, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and the other User i.e. Buyer and/or Vendor.

You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before entering into any transaction with any Vendor and/or Buyer. You understand that deciding whether to purchase and/or sell Products from or to Vendors and/or Buyers or accepting delivery of Products from Vendors is your personal decision for which you alone are responsible. You understand that the Company does not warrant and cannot make representations as to the suitability of any Vendor and/or Buyer, their credibility, quality of their Product, accuracy of the information they post on the Site and/or Platform.

While the Company may attempt to seek information about the background of a Vendor and/or Buyer you understand that Users may register themselves suomoto. You also understand that any so called background check undertaken by the Company is not exhaustive. At the end of the day, You should take an informed decision on your own accord and keep in mind the fact that the Company only seeks to provide a platform wherein You and other Users i.e. Vendors and/or Buyers have an opportunity to network with each other.

Notwithstanding the foregoing, You agree that since the Company only seeks to provide a platform wherein You and the Users can be brought together the Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings.

If there is a dispute between You and a User, you acknowledge and agree that the Company is under no obligation to become involved and You hereby release the Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or use of the Site, Platform or any Products offered or bought by a User there under.

INTELLECTUAL PROPERTY INFRINGEMENT TAKEDOWN NOTICE

Intellectual Property Infringement Take Down Procedure The Company has high regard for intellectual property and expects the same level of standard to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Site and/or Platform to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Site and/or Platform in a way that constitutes copyright infringement and/or trademark infringement and/or design infringement, please send the following information to us at help @info@partpurja.com.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or Platform, and information reasonably sufficient to permit Company to locate the material.

A written statement that you have a good faith belief that the disputed use is not authorized by the copyright/ trademark/design owner, its agent, or the law;

Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed. And

A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice".

Only the intellectual property rights owner is permitted to report potentially infringing items through Company's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, registered marks ("Marks") appearing in the Site and/or Platform are the properties either owned or used under license by the Company and / or its associates, except those of the Users. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company /its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.

The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

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").

Partpurja.com 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 Partpurja.com 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, Partpurja.com shall not be liable and responsible in any manner whatsoever.

Users(s) undertake and agree to indemnify and hold harmless Partpurja.com 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 Partpurja.com may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.

Partpurja.com 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.

NOTICES

All notices or demands to or upon Partpurja.com shall be effective if in writing and shall be deemed to be duly made when sent to Partpurja.com to Embedded Infosoft (India) Pvt. Ltd., Rustomjee Astraea, Majiwada, Thane – 400601, Maharashtra.

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.

GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or matter arising from incidental use the Site and/or Platform is governed by the laws of India and subject to the exclusive jurisdiction of the courts at Kolkata, India, subject to the Arbitration Clause. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

ARBITRATION

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Site and/or Platform or its Services or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Kolkata, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.