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Welcome to Rainbow IT Solutions Pvt. Ltd. Agreement (the “Agreement”). This agreement sets forth the terms and conditions on which Rainbow IT Solutions Pvt. Ltd. offers access to its service. Featuring herein are tools for trading and communicating in a global business to business e-marketing place (the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY :
Before you subscribe to and/or begin participating in or using the Web Package, Rainbow IT Solutions Pvt. Ltd. requires that you read and accept the Rainbow IT Solutions Pvt. Ltd. user agreement ("agreement"). We believe that you, as a user, have fully read and understood the following terms and conditions before using Rainbow IT Solutions Pvt. Ltd. services, and that you accept and agree to the terms and conditions stated herein as applied to your use of the Web Package. If you do not agree to or accept all the terms of this agreement, you may not access or otherwise use this Web Package.
Rainbow IT Solutions Pvt. Ltd. at its sole discretion may at any point of time amend this agreement by posting the new or amended terms on our Web Package. Your continued use of the Web Package after such changes are posted will constitute your agreement to such changed Agreement.
1 MEMBERSHIP
- Membership Eligibility : -
Our Services are available only to those individuals or companies who can form legally binding contracts under the Indian laws. Therefore, you must not be a minor, i.e., you must be at least 18 yrs. of age to be eligible to use our services. One of the preliminary conditions of membership with our Web Package is that you should have completed the information required. If you feel at any stage that you do not qualify, kindly do not use our services. Rainbow IT Solutions Pvt. Ltd. may in its sole discretion refuse the services to anyone at any point of time. The Services are not available to temporarily or indefinitely suspended Rainbow IT Solutions Pvt. Ltd. members. It is also understood that any individual accepting this agreement warrants or represents that he or she is authorized to accept it on behalf of the company or firm applying for membership and has the power to bind their company responsible for his/her acceptance.
- Membership approval : -
Once you have accepted this agreement, your completed shall be submitted to Rainbow IT Solutions Pvt. Ltd. We shall then notify via E-mail if you/your company has been approved for membership or whether any additional information is required. It is at the sole discretion of Rainbow IT Solutions Pvt. Ltd. to refuse its services to anyone at any time. We at Rainbow IT Solutions Pvt. Ltd., while approving your membership, make no assertions regarding one member or another.
2. Free Service Rainbow IT Solutions Pvt. Ltd. : - offers a free-of-charge advertising service on the Digital Magazine and/or our web site. To become a member, registration can be done by filling in the free of cost. On becoming a member, one can send at most two number of trade offers (buy, sell, or biz.) per month or can respond online to those listed at Rainbow IT Solutions Pvt. Ltd. We may, however, at our discretion, change our fee policies for our services and such changes will be applicable with effect from the time when we post them onto the Web site.
3. Rainbow IT Solutions Pvt. Ltd. Digital magazine and the Website : - MERELY A VENUE Rainbow IT Solutions Pvt. Ltd .acts as merely a venue for our members to come together for buying and selling products and to locate companies to trade with, through our digital magazine (on CDs) and online trade exchange. We do not take part in the actual transaction that takes place between the buyer and seller and hence are not a party to any contract for any sale/business deal negotiated between members/non-members. We are consequently not responsible for the quality, safety or legality of the items being traded or that of deals made through this digital magazine (on CDs) and /or online platform. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Rainbow IT Solutions Pvt. Ltd. and any other party.
We cannot, and do not control suppliers and hence cannot promise if they will complete the sale of items they offer at our Web Package or whether the Buyers will complete the purchase of items, that they agreed to purchase. Additionally, you face the risk of dealing with foreign nationals or people acting under false pretense. We have a feedback system designed to serve you best by periodically re-evaluating the Buyers and Sellers on our Web Package (on CDs) and/or online. However, no feedback is foolproof, and so we repeatedly ask you to act with due care and take all necessary precautions.
4. YOUR INFORMATION AND ITEMS FOR TRADE :- "Your Information" includes any information you type/pass on when registering with us, or to others during negotiation or the trading process, in any public message area or through any Email feature. You are solely responsible for the information you forward. We merely act as an intermediary for the distribution and publication of your information. We are, however, entitled to take whatever action we deem required with respect to your information as might be necessary or appropriate, if we at any point of time believe that it could create liabilities for us, our ISPs or any of our other members.
5. MEMBER OBLIGATION : - When you register with us, you agree to provide and maintain true, accurate, current and complete information about yourself or company as prompted by the If we, at Rainbow IT Solutions Pvt. Ltd., at any stage detect any false information submitted by you, we have the sole discretion to suspend or terminate your registration and refuse any and all current or future use of the service (or any portion thereof).
6. USER NAME, PASSWORD AND SECURITY : - While registering with us, you are required to select and enter a USER NAME and PASSWORD.
You and you alone are solely responsible for maintaining the confidentiality of your User 10 and Password for all the activities that occur under them. You agree to immediately notify Rainbow IT Solutions Pvt. Ltd. of any unauthorized use of either your USER NAME or your PASSWORD if you happen to know of it. You also agree not to disclose your password to any third party and promise to properly exit the Web Package/online login at the end of each session.
INFORMATION RULES You agree herewith that your information on Rainbow IT Solutions Pvt. Ltd. :
- will not be fraudulent or involve the sale of counterfeit or .stolen items
- will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- will not violate any law, statue, directive, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
- will not be obscene or child pornography, or should not offend any bodies sentiments
- will not contain any viruses, Trojan horses, worms, or any other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- will not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or you do not have a right to link or include.
7. RIGHTS YOU GIVE US : -
You grant to us the non-exclusive worldwide, perpetual, irrevocable, royalty- free right (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your information, and / or to incorporate your information in other works in any form, media or technology now popular or later developed and used.
8. PRIVACY POLICY : -
Please make a note that since you voluntarily disclose your information at Rainbow IT Solutions Pvt. Ltd. trading areas, your information is collected and disseminated to buyers or sellers and may be used by others. Rainbow IT Solutions Pvt. Ltd. promises not to share any of the information with the third parties not related to the Service. We, at Rainbow IT Solutions Pvt. Ltd., take all the precautions necessary to protect your confidentiality and the information you disseminate to us, however unauthorized and indiscriminate disclosure of personal information online could result in unsolicited messages, for which Rainbow IT Solutions Pvt. Ltd. cannot be held responsible.
9. TRADING AT RAINBOW IT SOLUTIONS PVT. LTD. : -
- TRADE OFFERS : -
Buyers and Suppliers on Rainbow IT Solutions Pvt. Ltd. digital magazine/online trade interact with each other, with or without the assistance of Rainbow IT Solutions Pvt. Ltd. personnel, by exchanging information, and, formulating offers and counteroffers. Posting an item for trade implies that you fully intend to sell the product. Similarly, posting a purchase offer implies that you fully intend to purchase the product. These offers constitute respective obligation for all parties involved, to complete the transaction and failure to do so will result in a claim for breach. You agree to negotiate in good faith and to comply with legal principles applicable to all contracts associated with the sale of goods. Acceptances and offers cannot be retraced from except under exceptional circumstances.
All the offers posted at this Web Package (digital magazine/online) would go through manual scan. Rainbow IT Solutions Pvt. Ltd. reserves all the rights to publish partially or fully modified content of your offering or even delete any posted offer permanently anytime with or without prior intimation keeping quality and originality of the Web Package in to consideration. Rainbow IT Solutions Pvt. Ltd. would not be held responsible/liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or intangible losses resulting due to this. Incase of any discrepancy, you may immediately inform us through e-mail/courier/phone and delete/make changes in your offer.
- TRANSACTION DISPUTES : -
In the event of a dispute between one or more users you shall not hold our agents, or employees responsible for any claims, demands and damages of any sort. Both trading parties submit to the jurisdiction of India and further agree that any cause of action arising under this agreement shall be brought exclusively in any court in the Indian Territory.
10. ALLIANCE PARTNERS : -
As a convenience to our subscribing members, Rainbow IT Solutions Pvt. Ltd. has identified various service partners that provide inspection, financial, shipping, insurance, and other services.
Rainbow IT Solutions Pvt. Ltd. may, from time to time provide access to these services directly from its trade portal. You recognize and understand that any arrangement between a member and a service partner is solely between those parties and does not involve Rainbow IT Solutions Pvt. Ltd. in any way. We play no part in pricing decisions related to such services or in any negotiations between members and service partners relating to the provision of such services. Rainbow IT Solutions Pvt. Ltd. may. However receive a fee from these service providers based on the provision of such services to members.
11. SYSTEM INTEGRITY : -
You hereby agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Rainbow IT Solutions Pvt. Ltd. or any other trade transaction being conducted on our Web Package. You may not take any action, which imposes an undue or disproportionate large load on our infrastructure.
12. TERMINATION : -
You hereby agree that Rainbow IT Solutions Pvt. Ltd. in its sole discretion could terminate your account (or any part thereof) or use of the service if it deems necessary. It could also remove and discard any or all of your information within the service for any reason. Rainbow IT Solutions Pvt. Ltd. May also, by way of its sole discretionary powers discontinue providing the service or any part thereof, with or without a prior notice. Further, you agree that Rainbow IT Solutions Pvt. Ltd. shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs 15,16,17,18 and 19 shall survive any termination of this agreement
13. BREACH : -
If you breach this agreement or if we are unable to verify or authenticate any information you provide to us, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings, and any other information you might have furnished on the Registration form/Advertisement.
14. THE SERVICE IS PROVIDED "AS IS" WARRANTIES : -
Despite all the efforts we take to make your visit to Rainbow IT Solutions Pvt. Ltd. convenient and a memorable one, we cannot unfortunately always foresee or anticipate technical snags, loss of data, service interruptions or other problems that might just happen once in a while. For this reason, You expressly understand and hereby agree that your use of the service is absolutely at your own risk. The service is provided on an "as is" and "as available" basis. Rainbow IT Solutions Pvt. Ltd. disclaims all warranties of any kind, whether express or implied, including, but, but not limited to, the implied warranties of merchantability, fitness, fitness for a particular purpose and non-infringement. Rainbow IT Solutions Pvt. Ltd. makes no warranty that -
- the service will meet your requirements
- the service will be uninterrupted, timely, secure, or, or error free
- the results that may be obtained from the use of the service, including results or information provided by third-party sources, will be accurate or reliable
- the quality of any products, services, information, or, services, information, or other material purchased or obtained by you through the service will meet your expectations
- any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Rainbow IT Solutions Pvt. Ltd. or shall create any warranty not expressly stated in the agreement
15. LIMITED LIABILITY : -
You expressly understand and agree that Rainbow IT Solutions Pvt. Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill; use, data or intangible losses (even if Rainbow IT Solutions Pvt. Ltd. has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the service
- The cost of procurement of substitute goods and services resulting from any goods,
data, information or services purchases or obtained or messages received or transactions entered into through or from the service
- Unauthorized access to or alteration of your transmissions or data; stat
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