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 GrowthFairs.com (“Web Site“), which promotes business between suppliers and buyers globally. It is an agreement between You as the user of the Web Site/GF Services and GrowthFairs (“GF“). 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 or GrowthFairs Services 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.
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. GF or GrowthFairs.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.
GF 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 GF 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 GF, including but limited to the Web Site or any other services provided by GF in relation to the use of the Web Site (“GF’s Services“). GF’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 GF’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. GF or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over GF’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. GF at it’s sole discretion reserves the right to refuse GF’s Services to anyone at any time. GF’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by GF.
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or uses GF 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 GF Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by GF, 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
GF 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.
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 GF does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
GF 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“). GF 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 GF 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. 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.). GF 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. GF 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 GF 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 GF’s on-line database and authorize GF to share such information with other User(s). GF may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. GF may suspend or terminate a registered membership at any time without any prior notification in interest of GF or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on GF 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 GF.
User(s) further agree and consent to be contacted by GF through phone calls, SMS notifications or any other means of communication, in respect to the services provided by GF even if contact number(s) provided to GF upon registration are on Do Not Call Registry.
VII. DATA PROTECTION
VIII. INTERACTION BETWEEN USERS
GF provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. GF does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. GF 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. 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). GF however, cannot and does not confirm each User(s)’s purported identity on the Web Site. GF 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.
User(s) agree that GF 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 GF (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
GrowthFairs reserves the right to add/modify/discontinue any of the features offered on GF’s Services.
IX. 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“).
GF 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 GF 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, GF shall not be liable and responsible in any manner whatsoever.
Users(s) undertake and agree to indemnify and hold harmless GF 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 GF may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
GF 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.