ACCEPTANCE
OF TERMS & CONDITIONS
Please read these Terms and Conditions of Use before using
the site
http://www.aepcindia.com. By using the Portal, you signify
your agreement with these Terms. We reserve the right, in
our sole discretion, to amend these Terms from time to time.
We will post a notice on the Portal to inform you of any such
amendments, which shall become effective immediately after
they are posted on the homepage of the Portal. If you do not
agree to these Terms or any amendments to these Terms, you
must discontinue using the Portal. Your continued use of the
Portal will signify your acceptance and agreement to be bound
by these Terms as amended from time to time.
DESCRIPTION
OF SERVICES
We currently provide users of the Portal with access to a
variety of on-line services including trading zone, online
discussion forums, resource center, industry reports/statistics,
exporters/suppliers directory, events/fairs, quota policies,
exim data, and apparel related content such as news, fashion,
material, import/export etc.
We
may, in our sole discretion and at any time, without notice
to you, add to, amend, suspend or remove any information,
text, data, content, analysis, news, reports, programs, photographs,
pictures, graphics, software and other materials (collectively,
the "Information") from the Portal, or alter the
presentation, substance or functionality of the Portal.
We
may, in our sole discretion and at any time, add to, alter,
suspend or cancel all or part of the Services. We shall not
be liable to you for such addition, alteration, suspension
or cancellation.
You
may use the AEPC Portal to purchase products or services from
any third party partners. In this event, your contract for
such products will be with the third party partner and not
with AEPC.
ACCESS
TO THE SERVICES
You are responsible for securing, at your sole cost, all necessary
World Wide Web connections and related services to access
the Services. It is also your responsibility to pay all applicable
taxes, duties and fees you incurred for accessing the Services.
Access
to certain Services may require prior registration with us.
If you register with us, you agree to provide and maintain
true, accurate, current and complete information about you
as prompted by our member registration form. You agree to
inform us of any changes to such information as soon as possible.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or if we have reasonable grounds
to suspect that such information is untrue, inaccurate, not
current or incomplete, we have the right to suspend or terminate
your registration and refuse any and all current or future
use of the Services (or any portion thereof) by you. If you
have registered with us on behalf of a company or other entity,
you represent and warrant that you have the authority to bind
such company or entity to these Terms.
Access
to certain AEPC premium content may be subject to a fee. All
payments (including applicable taxes) must be made in advance
in US Dollars or other currency specified by AEPC. You are
responsible for the payment of all charges associated with
the use of the Site using your USERID.
USERID,
PASSWORD AND CONFIDENTIALITY
During the registration process you will select a USERID and
a Password. You are solely responsible for maintaining the
confidentiality of your USERID and Password for all activities
that occur under your USERID and Password. You agree to immediately
notify us of any unauthorized use of your USERID or Password
or any other breach of security and ensure that you properly
exit the Portal at the end of each session. You may not disclose
your USERID or Password to any third parties or use your USERID
or Password for any unauthorized purpose.
Terms
of Use
As a condition of your use of the Portal, you must not:
a. Trespass,
break into, access, use or attempt to trespass, break into,
access or use any other parts of our servers, and/or any data
areas for which you have not been authorized by us;
b. Restrict
or inhibit any other user from using the Portal;
c. Post or
transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful,
offensive, or otherwise objectionable or unreasonable Information of
any kind, including without limitation any transmissions constituting
or encouraging conduct that may constitute a criminal
offence, give rise to civil liability, or otherwise violate
any local, state, national or foreign law (including
without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false
advertising);
d. Post or
transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes
or other unsolicited commercial communication not related
to the Services, or engage in spamming or flooding;
e. Post or
transmit any Information which contains any virus, Trojan
horse, dial-home program, time bomb, worm or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or Information relating to the Portal;
f. Post,
publish, transmit, reproduce, sell, distribute or in any way
exploit any Information obtained through the Portal for
commercial purposes not related to the Services;
g. Upload,
post, publish, transmit, reproduce, or distribute in any way,
Information obtained through the Portal which is
protected by copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy,
or create derivative works with respect to copyrighted Information,
without the prior written permission of the copyright owner
or right holder.
You
have no rights in or to the Information available on the Portal
and you will not use the Information available on the Portal
in any manner or for any purpose, except as permitted under
these Terms.
INFORMATION
SUBMITTED BY USER
Any Information submitted to the premium company profiles,
discussion forum, or other public areas of our Portal is the
sole responsibility of the person or entity posting it and
we assume no responsibility of any kind whatsoever for any
such Information. We reserve the right to remove any postings
at any time and in our sole discretion.
INTELLECTUAL
PROPERTY RIGHTS
All intellectual property rights subsisting in respect of
the Portal belong to us or have been lawfully licensed to
us for use on the Portal. By agreeing to these Terms, you
are expressly granted a limited one-off license to access,
by way of your Internet Browser only, and solely for your
own use, any of the Information found on the Portal. Any other
use of the Information is prohibited, including without limitation
copying, reproducing, republishing, modifying, uploading,
posting, transmitting, or distributing in any way. In addition,
the use of any Information found on the Portal on any other
Portal or networked computer environment is prohibited. Any
use of the Information found on the Portal other than as expressly
set forth in these Terms is a violation of our copyrights
and/or other proprietary rights.
You
grant to us the irrevocable, non-exclusive, worldwide, perpetual
and royalty-free right 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 whether now known or hereafter devised,
and to sublicense such right to such third parties as we may
in our sole discretion decide.
LINKS
TO AND FROM THE PORTAL
The Services may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because we have
no control over such sites and resources, you acknowledge
and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse and
are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods
or services available on or through any such site or resource.
DISCLAIMER
OF WARRANTY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE
IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" , "AS AVAILABLE" AND "AS ON"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES 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 US OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMIATION, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICES; (ii) 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 SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
ADVERTISING AND PROMOTIONS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Services,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that we shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Services. If you intend to create
or join any service, receive or request any news messages,
alerts or other information from the Services concerning companies,
stock quotes, investments or securities, please be advised
we shall not be responsible nor liable for the accuracy, usefulness
or availability of any such information transmitted via the
Services, and shall not be responsible nor liable for any
trading or investment decisions made based on such information.
COMPLIANCE
WITH LAWS
You shall comply with all applicable laws, directives, statutes,
ordinances and regulations regarding your use of the Services
and your bidding on, listing, purchase and sale of items,
including, but not limited to, complying with all applicable
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents and employees harmless from any
claim or demand (including legal expenses and the expenses
of other professionals) made by a third party due to or arising
out of your breach of these Terms, your Information or your
violation of any law or the rights of a third party.
FORCE
MAJEURE
We shall not be liable to you for delays or failures in performance
resulting from causes beyond our control, including without
limitation, acts of God, labor disputes or disturbances, material
shortages or rationing, riots, acts of war, governmental regulations,
communication or utility failures, or casualties.
PRIVACY
POLICY
When you voluntarily disclose your Information in our Portal,
your Information is collected and disseminated to our other
users and may be used by them. While we do not share your
personally identifying information with third parties not
related to the Services, you may receive unsolicited messages
from other parties if you post such information on-line that
is accessible by the public.
We
may disclose to third parties certain aggregate information
compiled from the personally identifying information provided
by you, such information will NOT include personally identifying
information except as specifically authorized by you or in
our good faith belief that such action is necessary to comply
with applicable law.
For
further information about our privacy policies, please refer
to our Privacy Policy Statement.
NOTICE
Except as explicitly stated otherwise, any notices shall be
given by email to [info@aepc.com] (in our case) or to the
email address you provide to us during the registration process
(in your case), or such other address, as a party shall specify.
Notice shall be deemed given twenty-four (24) hours after
email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return receipt requested,
to the address provided to us during the registration process.
In such case, notice shall be deemed given three (3) days
after the date of mailing.
REPORTING OF VIOLATIONS
You will promptly report to us any violation of these Terms
by any third parties by sending an email to: abuse@aepcindia.com
|