Terms & Conditions
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of www.dbohra.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 The Saifee Foundation, the Owner of the Website. 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.
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.
- Web site-Merely a Venue/Platform
- User(s) Eligibility
- User(s) Agreement
- Amendment to the Agreement
- Links to Third Party Sites/Content
- Termination
- Registered User(s)
- Data Protection/Personal Information
- Posting your Contents on Website
- Interactions between User(s)
- Indemnification
- Limitations of Liability/Disclaimer
- Governing Law and Disputes Resolutions
- General/Miscellaneous
- Pharmaceutical Product/Service Policies
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. The Saifee Foundation 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.
The Saifee Foundation 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 The Saifee Foundation and any other party.
II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by The Saifee Foundation, including but limited to the Web Site or any other services provided by The Saifee Foundation in relation to the use of the Web Site (dbohra’s Services"). dbohra’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use dbohra’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. The Saifee Foundation or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over dbohra’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. The Saifee Foundation at it’s sole discretion reserves the right to refuse dbohra’s Services to anyone at any time. dbohra’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by The Saifee Foundation.
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or uses dbohra’s 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 dbohra’s Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by The Saifee Foundation, 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.
IV. AMENDMENT TO USER(S) AGREEMENT
The Saifee Foundation 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, we request you that you may please 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.
V. 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 the Website or The Saifee Foundation does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
The Saifee Foundation 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"). The Saifee Foundation 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 The Saifee Foundation 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.
VI. TERMINATION
Most content and some of the features on the Web Site are made available to User(s) free of charge. However, The Saifee Foundation reserves the right to terminate access to certain areas or features of the Web Site (to registered User(s)) at any time without assigning any reason and with or without notice to such User(s). The Saifee Foundation 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 website and/ or other User(s) of the Web Site. The Saifee Foundation 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).
The Saifee Foundation 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 Website 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.
VII. 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.). The Saifee Foundation Trust 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 The Saifee Foundation during the registration process is true, accurate, current and complete.
User(s) agree that by registering on the Web Site, they consent to the inclusion of their personal data and authorize The Saifee Foundation to share such information with other User(s). The Saifee Foundation may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. The Saifee Foundation may suspend or terminate a registered membership at any time without any prior notification in interest of The Saifee Foundation or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on The Saifee Foundation 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 The Saifee Foundation.
User(s) further agree and consent to be contacted by The Saifee Foundation through phone calls, SMS notifications or any other means of communication, in respect to the services provided by The Saifee Foundation
VIII. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is governed by website privacy policy ("Privacy Policy").
IX. 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 for availing these services.
User(s) understand and agree that The Saifee Foundation in such case is not the author of the content and that neither The Saifee Foundation 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 The Saifee Foundation 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. The Saifee Foundation 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 The Saifee Foundation 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 The Saifee Foundation an irrevocable, perpetual, worldwide and royalty-freelicense 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 The Saifee Foundation/dbohra® Content and/or dbohra’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 The Saifee Foundation for display on the Web Site or transmit or sought to be transmitted through dbohra’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;
· Belong to another person and to which User(s) do not have any right to;
· 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);
· 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;
· 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 The Saifee Foundation or its affiliates.
The Saifee Foundation reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in The Saifee Foundation’s reasonable belief is unlawful or could subject The Saifee Foundation to liability or in violation of the Agreement or is otherwise found inappropriate in The Saifee Foundation 's opinion.
In connection with any of the foregoing, The Saifee Foundation reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by The Saifee Foundation at its sole discretion. User(s) agree that The Saifee Foundation shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event The Saifee Foundation 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. The Saifee Foundation does not have any role in developing the content displayed on the Web Site. The Saifee Foundation has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
X. INTERACTION BETWEEN USERS
The Saifee Foundation provides a platform to facilitate interaction between buyers and suppliers of products and services. The Saifee Foundation does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. The Saifee Foundation 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 suppliers to complete a sale or the ability of buyers to complete a purchase. Web Site uses reasonable tools and techniques to verify the accuracy and authenticity of the information provided by User(s). The Saifee Foundation however, cannot and does not confirm each User(s)’s purported identity on the Web Site. The Saifee Foundation 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.
XI. INDEMNIFICATION
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 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 The Saifee Foundation 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 The Saifee Foundation (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
User(s) hereby further agree to indemnify and save The Saifee Foundation, 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 The Saifee Foundation 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). The Saifee Foundation reserves the right, 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 The Saifee Foundation in asserting any available defences.
The Saifee Foundation reserves the right to add/modify/discontinue any of the features offered on dbohra’s Services.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and " as available " basis, and The Saifee Foundation 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. The Saifee Foundation 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. The Saifee Foundation 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 The Saifee Foundation 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.
The Saifee Foundation 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:
· The use or the inability to use the Web Site;
· 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);
· Statements or conduct of any User(s) of the web site; or
XIII. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
XIV. 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.
· The Saifee Foundation’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 The Saifee Foundation’s waiver of that right or The Saifee Foundation's waiver of the right to act with respect with subsequent or similar breaches.
· 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.
· The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and The Saifee Foundation 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.
· In case of any complaint or grievance the User may contact at: support@dbohra.com
XV. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Website 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.
The Saifee Foundation 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 Website in any manner whatsoever.