PLEASE READ THESE “TERMS AND CONDITIONS” CAREFULLY.
Visitors, to the site or users of Procurewise application through any device are referred as Users.
Procurewise together with its subsidiaries are the creator of this PROCUREWISE and accordingly its owners and/or operators are parties to this agreement. Procurewise and its application will remain the sole and exclusive property of Procurewise and its licensors, if any, whether PROCUREWISE is separate or integrated with any other products, services or deliverables.
4. USER REGISTRATION
Procurewise grants you the non-exclusive, non-transferable, revocable, limited right to access and use Procurewise. In order to gain full access and use of the Website, you must create a profile and register as a User. The Users of PROCUREWISE are not required to pay any fees to Procurewise for use of PROCUREWISE.
You are only permitted to register one profile per person on Procurewise. The profile is personal and you must not transfer it to others.
If you access Procurewise, you agree to accept responsibility for all activities that occur under your account or password, and agree that you will not sell, transfer, or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access Procurewise using your name in whole or in part.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on Procurewise or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post, or transmit to Procurewise or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
You understand and agree that Procurewise may, but is not obligated to, monitor or review any Content you post as part of a Service. Procurewise may delete any Content, in whole or in part, posted by any user and notified by the other users to Procurewise that in the sole judgment of Procurewise violates this Agreement or may harm the reputation of the Service or Procurewise.
By posting Content as part of the Service, you grant to Procurewise a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to defraud, other users of the Service;
- spams or solicits Procurewise’ users;
- Any derogative comments or reviews in the name of suppliers or promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; is any confidential information of others.
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
Procurewise reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Users agree to terms (EULA) of Procurewise and these terms must make it clear that there is no tolerance for objectionable content or abusive users”
6. PROHIBITED ACTIVITIES
We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Procurewise regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any users.
- “stalk” or otherwise harass any person. Any derogative comments or reviews in the name of suppliers
- express or imply that any statements you make are endorsed by Procurewise, without our specific prior written consent.
- use the Service in an illegal manner or to commit an illegal act.
- access the Service in a jurisdiction in which it is illegal or unauthorized.
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks connected to the Service.
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service, without the Procurewise’ prior written authorization.
- use meta tags or code or other devices containing any reference to Procurewise (or any trademark, trade name, service mark, logo or any slogan or tagline of Procurewise) to direct any person to any other website or any other applications (on any mobile platforms) for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
Procurewise retain all copyright, trademarks, trade secret, patent and other proprietary and intellectual property rights to PROCUREWISE. Users may access and use the Procurewise solely for conducting the allowed operations on PROCUREWISE. The users agree that any buyer specific rebranding of any particular web page on PROCUREWISE does not create any resale rights of PROCUREWISE. Nothing in these Terms will directly or indirectly be construed to assign or grant users any right of ownership, title or interest in any intellectual property rights relating to PROCUREWISE
8. DATA PROTECTION
PROCUREWISE has appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. PROCUREWISE has adequate and effective safeguards utilizing security technologies and techniques in accordance with the best industry practices relating to the prevention and detection of inappropriate use or access of software, hardware, systems. PROCUREWISE implements and/or uses network management and maintenance applications and tools and appropriate intrusion detection, identity management, and encryption technologies. Procurewise uses industry standards (such as Standards for Attest Engagements No. 16 (SSAE 16 – which include principles of Availability, Confidentiality, Processing Integrity, and Security) and related Service Organization Control (“SOC”) standards.
9. DEALINGS WITH THIRD PARTIES
During the use of PROCUREWISE, Users may enter into correspondence with, any other third party selling its goods and services. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between Users and the applicable third-party. PROCUREWISE and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Users and any such third-party.
You acknowledge and agree that neither Procurewise nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or any mobile internet platforms or the combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PROCUREWISE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Governing Law and Jurisdiction
These T & C’s and the relationship between You and Procurewise shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim you may have with respect to Procurewise must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of Procurewise agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to Procurewise, its T & C’s Arbitration shall be conducted pursuant to the rules and regulations of Indian Arbitration and conciliation Act 1996. Arbitration shall take place in English language and the seat of arbitration shall be at Mumbai, India. The users of Procurewise hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Mumbai, India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights will thereby stand waived by the users.
13. GENERAL INFORMATION
Termination/access restriction – PROCUREWISE reserves the right, in its sole discretion, to terminate User’s access to PROCUREWISE.
Termination or Suspension for Breach- If any User of the Procurewise commits any breach of obligation under this agreement and the User does not cure such breach within thirty (30) days after receipt of notice of such breach, Procurewise may terminate this Agreement or suspend User’s Use of PROCUREWISE. Procurewise may terminate the Agreement immediately if the User uses the PROCUREWISE for illegal, fraudulent or abusive purpose, such use may be referred to law enforcement authorities without notice to User and further Procurewise reserves the right to suspend User’s use of PROCUREWISE.
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