1. Company" means "Vigyanpanwale Digital Marketing Solution " and vyaparbusiness.com where the context so requires.
2. "Advertiser" means the person, company or other entity that wishes to advertise and avail of the services provided by the Company and whose name is set forth adjacent to The rates mentioned herein are applicable for this transaction alone. The Company will have the right to change the advertising rates at any given point of time.
3. All advertising material (collectively "Advertisement") the term "Advertiser" appearing overleaf.
4. Service Provider Representations:
supplied by advertiser to the Company should either be owned by or be legally authorized for use by the Advertiser. The Advertisement must not be obscene, offensive or unlawful in any manner and should not contravene any applicable laws, rules and/or regulations.
The Company will have the sole discretion, at all times, to reject the Advertisement and further does not guarantee any particular position or place in the directory/website for the display of the Advertisement.
The Company will take every reasonable precaution to publish the information, as supplied by the Advertiser, in the directory. However, the Company will not be responsible in case of any errors or omissions.
5. The Company reserves the right to make any modifications, if considered necessary or desirable in an Advertisement.
6. Unless the Company and the Advertiser otherwise agree in writing, the Advertisement (excluding the trademarks and/or trade nameof the Advertiser) used in preparation of the artworks will be the exclusive property of the Company. The Advertiser hereby warrantsthat the artwork design by the Company in any of its publications will not be reproduced or assigned for reproducing as a whole or inpart, without the prior written consent of the Company.
7. Advertising agency involved in placing the Advertisement for and on behalf of any person, company or entity ("Ultimate Customer") assures that it has the authority to modify and/or amend an Advertisement of an Ultimate Customer, in accordance with Advertiser's instructions without committing any offence or tort. The Advertiser hereby warrants and agrees that it shall indemnify and hold the Company harmless to the extent of any costs, damages or other charges falling upon the Company as a result of any claim and/or dispute raised by the Ultimate Customer against the Company arising from or relating to publication of the Advertisement.
8. The Advertiser hereby represents and warrants that:
a. he is the owner of products and/or services that he wants advertised; and/or.
b. is duly authorized by the owner to use the Advertisement related copy cuts and illustration(s) and any trademarks & trade name which may be specified for use in the Advertisement.
9. The Advertiser hereby agrees to notify the Company in writing of any change in ownership or authorization as aforesaid, which occursafter the execution of this invoice.
10. The Advertiser hereby agrees to defend at its own, indemnify and keep the Company harmless from any infringement claims, losses and judgments which arise from or which are claimed to have arisen from the use of such copy cuts, illustrations, marks and names and Directories, the Advertisement and/or any Advertisement related material including but not limiting to any third-party infringement claims together with expenses, attorney fees and court costs incurred by the Company.
11. The Advertiser assumes sole responsibility and liability for protection of its Intellectual Property right(s) in any writing, pictorialillustration design format, photograph or combination thereof included in the Advertisement
12. Customers can send up to 1500 mails to buyers and buy leads as listed on Vigyanpanwale Digital Marketing Solution.
13. Under no circumstances shall the Company or its associates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, (even if the Company has been advised of the possibility of such damages) resulting from or in connection with the use of by the Advertiser of any of Vigyanpanwale Digital Marketing Solution’s services, including but not limiting to, damage(s) for loss of profits, goodwill, use, data or other intangible losses. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Company, regardless of any negligence arising out of any of its services.
14. Without prejudice to the aforesaid, the Company's liability under any circumstances is limited to the amount of fees, if any, paid by theAdvertiser to the Company.
15. In the event of any dispute between the Advertiser and the Company under, in connection with or in relation to this invoice, the same will be adjudicated by the courts of competent jurisdiction at Noida only, and in exclusion of all other courts that may have jurisdiction in the matter.
16. This invoice shall be governed and construed in accordance with the laws of India without reference to its conflict of laws principles.
17. In addition to the terms and conditions set forth in the invoice, and unless repugnant to the meaning or context thereof, the Advertiser hereby agrees and acknowledges that the User Agreement/Terms and Conditions, as reproduced on the vyaparbusiness.com website Vigyanpanwale Digital Marketing Solution ("T & Cs") are applicable to this invoice and are deemed to be incorporated herein by reference. In the event of any conflict or inconsistency between this invoice and the "T & Cs", the latter shall prevail
18. All correspondence to the Advertiser shall be sent to the address set forth overleaf and all correspondences to the Company should be addressed to our Registered Office
19. In case, due to whatever reason(s) if any advertiser ask for cancellation of advertisement(s), then the advertiser can submit the request for a refund in writing. However, the company reserves its decision to accept or decline the request for refund.
20. Refund / Money Back Policy : Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. Vigyanpanwale Digital Marketing Solution neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.
21. Buy Lead Refund: Request for refund of Buy leads on account of non-contactable contact details need to be brought in notice within 5 days of purchase, failing which the request would not be entertained.
22. No refund requests owing to cancelled or fulfilled leads would be entertained as these are beyond the scope of the Site since we have no role in monitoring the deal finalization, transactions or preferences of the Users.
23. Dispute Resolution – For any kind of legal dispute related to Vigyanpanwale Digital Marketing Solution would be dealt in onlyterritory of Gautam Budh Nagar. All the legal issues are subjected only to pertinent contemporary's laws in force at Gautam BudhNagar to the jurisdiction of courts located in Gautam Budh Nagar district in Uttar Pradesh only.
24. Jurisdictions and Arbitration – a. In case of disputes or differences arising between the Parties hereof, shall be subject matter of Arbitration under theArbitration and Conciliation Act 1996 and any subsequent related amendments there to unless settled amicably between theParties hereto referred to arbitration of First Party or any person nominated by them. The arbitration proceedings shall be atGautam Budh Nagar.
b. The decision of the arbitrator on the dispute shall be final and binding on both the Parties.
c. Subject to the forgoing, this Agreement is subject to Indian laws and the Courts at Gautam Budh Nagar only shall have exclusive jurisdiction in all matters arising out of this Agreement or any arbitration here under.
25. Suspension / Termination of Services Vigyanpanwale Digital Marketing Solution reserves the right to partially suspend the User’s access to certain features, panels, accesspoints or fully terminate a User's Account at any time without assigning any reason or notice to the User (Free and Paid Members) inorder to protect the interests of other Users of Vigyanpanwale Digital Marketing Solution and / or the interests of VigyanpanwaleDigital Marketing Solution.
Termination or suspension either fully or partially as deemed fit by Vigyanpanwale Digital Marketing Solution may be on reasonablegrounds to suspect / on receipt of complaint / a belief / an investigation / a notification from law-making bodies or governingauthorities and can be done for the following reasons:
* If there is any breach of the provisions of this Agreement by the User(s).
*If the information provided by the User(s) is untrue, inaccurate or is not current or complete, or if the User(s) unlawfully uses another person’s or business entity’s name or impersonates another person or businessidentity in any manner.
* If the User's actions may cause financial loss or legal liability to other User(s), or Vigyanpanwale Digital Marketing Solution or its affiliates.
*If the User(s) is engaged in misuse or fraudulent use of the Services or involved in illegal / prohibited / inappropriate communications / activities / transactions
*If the User(s) posts any information that is unrelated to the services extended by the Site or uses the Site for spamming.
* If the User(s) isinvolved in unauthorized access, use, modification, or control of the Site database, network or related services.
* If the User(s) accesses another User(s) account by obtaining another registered User(s) Username and/or Password.
* If the User(s) infringes the intellectual property rights of any other person or business entity.
* If the User(s) activity that may not be in accordance with the ethics and honest business practices.
* With such termination, the User(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitledto register again with new User information unless permitted by Vigyanpanwale Digital Marketing Solution in writing. Nomembership charges / subscription fee paid by the User(s) will be refunded in case of termination. The User(s) acknowledge andagree that any direct or indirect damage caused due to such termination are not a liability of Vigyanpanwale Digital MarketingSolution.