The following demonstrates terms and conditions of use, applicable to your use of Postoffer, which
promotes business between suppliers and buyers globally. It is an agreement between you as the user(s)
of the website and Postoffer.
Before you subscribe to and/or begin participating in or using web site, Postoffer believes that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
I. WEBSITE- MERELY A VENUE/PLATFORM
Website acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Postoffer and other party.
II. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Postoffer. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law i.e. user(s) must be at least 18 years of age to be eligible to use our services. Postoffer advises its users that while accessing the web site, they must follow/abide by the related laws. Postoffer is not responsible for the possible consequences caused by your behavior during use of web site. Postoffer may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes. This agreement applies to all Postoffer services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
IV. AMENDMENT TO USER(S) AGREEMENT
Postoffer may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
V. INTELLECTUAL PROPERTY RIGHTS
Postoffer is the sole owner or lawful licensee of all the rights to the website and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Postoffer, its affiliates or licensor's of Postoffer content, as the case may be. All rights not otherwise claimed under this agreement or by Postoffer, are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Postoffer does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by website as a convenience to user(s) and Postoffer has not have any control over such sites i.e. content and resources provided by them.
Postoffer may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Postoffer believes that user(s) acknowledge that Postoffer has no control over such third party's site, does not monitor such sites, and Postoffer shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the website are made available to visitors free of charge. However, Postoffer reserves the right to terminate access to certain areas or features of the website (to paying or registered users) at any time for any reason, with or without notice. Postoffer also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Postoffer and/or other visitors to the web site. Postoffer reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
If Postoffer terminates user(s) membership, user(s) will not have the right to re-enroll or join Postoffer under a new account or name unless formally invited to do so by Postoffer. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the website be liable to the user(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
VIII. REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out. User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). IIL will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Website may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Postoffer during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Postoffer to share such information with other user(s). Postoffer may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a Registered membership at any time without any prior notification in interest of Postoffer or general interest of its visitors/other members without giving any reason thereof. Registered User is not a part or affiliate of Postoffer in any way. Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Postoffer through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Postoffer.
IX. DATA PROTECTION
X. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services. Postoffer in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither Postoffer nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. Postoffer is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, Postoffer is not responsible for the conduct of user(s) activities on the website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
XI. INTERACTION BETWEEN USERS
Postoffer provides an on-line platform for exchanging information between buyers and suppliers of products and services. Website does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Website 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 website 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 pretenses. Website uses several techniques to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool- proof, Postoffer cannot and does not confirm each user(s) purported identity. Postoffer encourages user(s) to use various tools available on the website and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the website to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation 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 mis-calculations, 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 website may violate or may be asserted to violate Third Party Rights, and the risk that you 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 also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the website as a result of purchase and sale transactions in connection with using the website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that Postoffer 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 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 Postoffer (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) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use Postoffer database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
Postoffer reserves the right to add/modify/discontinue any of the features offered with a service.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the website are provided on an "as is" and "as available" basis, and website 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. Postoffer makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the website. Postoffer does not represent or warranty 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 Postoffer 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 done at your sole discretion and risk and you are solely responsible for any damage to your 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 you from web site or through or from the web site shall create any warranty not expressly stated herein. Under no circumstances shall website be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save website, 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 from your use of the website (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save website, 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 from your breach of any representations and warranties made by you to website.
All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to Postoffer. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to website, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon website's posting such notice on an area of the website that is publicly accessible without charge. XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS