The services that PaperIndex provides (from its domain PaperIndex.com and its sub-domains) to you are subject to the following Terms of Service. By using this site and its sub-domains, you unambiguously consent to our Terms of Service as set out below. You are responsible for checking this page periodically for changes and updates to the Terms of Service. PaperIndex reserves the right to update the Terms of Service at any time without notice to you. Your use of PaperIndex website following any posted changes to the Terms of Service will be deemed an acceptance of such changes. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages. This Terms of Service (hereinafter referred to as the "Agreement") explains the contractual agreement between PaperIndex, a company having its principle place of business in Bangalore, Karnataka, India ("PaperIndex," "we," "us") and you (“Member”, "Company," "Subscriber", "you," "your") who agrees to the terms of this Agreement by signing up for PaperIndex services. This Agreement is made to be effective as of the date accepted by PaperIndex following your sign up for our paid or free services. This Agreement governs your use of the PaperIndex website (the "website") and services and transactions conducted through this website. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows:
By using the website, and by signing up for PaperIndex services, you acknowledge your acceptance of the terms and conditions of this Agreement. By accepting the terms and conditions of this Agreement and completing the signup or registration process, you are simultaneously (i) registering as a "Member" (either as a buyer, supplier, both, or neither a buyer nor supplier as defined herein), (ii) designating yourself as a "Company" (as defined in Section 3) (iii) representing and warranting that you can legally enter into this Agreement, and (iv) agreeing to the terms and conditions of this Agreement. If you do not accept this Agreement, you are not authorized to use the PaperIndex website. If you have any questions about this Agreement, please contact us online. The term "Members" includes all individuals or entities who have registered through the PaperIndex website.
The website provides a venue for Companies to post their profile for advertisement, online trading, online sale or purchase as well as other services that PaperIndex may offer to Companies from time to time, which shall be subject to the terms and conditions of this Agreement and any supplement to this Agreement ("Other Services"). Via the website, we provide certain information about our products, services and users, and certain other third party information. We may add, delete, or modify some or all of our services and information at any time.
By signing up or registering, you are designating yourself as a "Company”, "Companies" or persons or entities looking for a B2B advertising and/or trading platform on the Internet.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PaperIndex immediately of any unauthorized use of your account or any other breach of security. PaperIndex will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PaperIndex or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder.
PaperIndex provides services to both suppliers and buyers. "Suppliers," as used in this Agreement, means individual professionals, companies, or vendors operating as corporations, partnerships, proprietorships, or limited liability companies ("Corporate Vendors") that are looking to advertise for generating new sales inquiries or online trading opportunities. "Buyers," as used in this Agreement, means individual professionals, companies, or vendors operating as corporations, partnerships, proprietorships, or limited liability companies that are looking to post Requests for Quotation (RFQ) or online trading opportunities. PaperIndex may add, delete, or modify the Scope of Services without prior notice.
PaperIndex provides an online marketplace for facilitating transactions or flow of information between buyers and suppliers. PaperIndex does not represent either the suppliers or the buyers in their dealings and transactions. Therefore, PaperIndex does not play any role and does not control and is also not liable or responsible for the quality, safety, lawfulness, availability or non-availability of the products or services offered for sale on PaperIndex website or the ability or inability of the suppliers to complete a sale or deliver a product or service or the ability or inability of buyers to complete a purchase or make payment.
PaperIndex Members should be aware that there may be risks and losses associated in dealing with suppliers and/or buyers acting under false pretenses. PLEASE NOTE, PaperIndex DOES NOT verify the accuracy of the information all our users (or supplier Members) provide us when they register on our website or list their company on our website. We encourage you to use your experience, knowledge, and common sense, to evaluate the credentials of people you are dealing with.
You and your Company fully assume the risks of purchase and sale transactions when using the website to contact buyers and suppliers. You or your company fully assume the 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 website. Such risks may include, but are not limited to, misrepresentation of products and services, delay or default in delivery or payment, unsatisfactory quality, fraudulent schemes, failure to meet specifications, defective products, price miscalculations, breach of warranty and contract, and transportation accidents.
You and your Company also assume risks such as that the manufacture, distribution, importation, display, purchase, sale and/or use of products or services published on PaperIndex website may violate or may be accused of violating Third Party Rights. You or your company may incur costs of defense or other costs in connection with third parties' assertion or accusation of violation of Third Party Rights. Each Registered User and Members agrees that PaperIndex shall not be liable or responsible for any damages, liabilities, disruptions, costs, harms, or expenditures, inconveniences of any kind that may arise a result of or in connection with any transaction carried out between you (or your Company) and any buyer(s) or supplier(s) who you may have contacted on PaperIndex website.
You and your Company are solely and entirely responsible for the fulfillment or lack of fulfillment of all the terms and conditions of the transactions conducted on, through or as a result of use of PaperIndex website, This includes, without limitation, payment terms, returns, warranties, insurance, shipping, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.
The Services may contain posting of company profile in company directory, posting of RFQ, products, posting of news releases, e-mail services or any service that PaperIndex may launch in future such as bulletin boards, chat areas, news groups, forums, communities, other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Restrict or inhibit any other user from using and enjoying the Communication Services. PaperIndex has no obligation to monitor the Communication Services. However, PaperIndex reserves the right to review materials posted to the Communication Services including those in Dashboard area and to remove any materials in its sole discretion. PaperIndex reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information about yourself in any Communication Services. PaperIndex does not control or endorse the content, messages or information found in any Communication Services and, therefore, PaperIndex specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers, administrators, and hosts are not authorized PaperIndex spokespersons, and their views do not necessarily reflect those of PaperIndex.
You are solely responsible for information that you post on our website, including but not limited to any posting (company profile including video, audio and catalogs, products, and RFQ) or listing in any public message area or through any email feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by registered users and Members and we are not liable for any such information posted on PaperIndex website, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our website, which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, nor do we, control the information provided by you or other users or other content providers that is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the PaperIndex website is provided "AS IS" and may contain technical inaccuracies or typographical errors.
The website may contain links to third-party websites not under the control or operation of PaperIndex. When we provide links, we do so only as a convenience for users and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the website or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the website, interfere or attempt to interfere with the proper working of the website or any activities conducted on the website, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
PaperIndex provides Services to registered users / Members, including you, other Companies and Professionals. All parties are independent contractors vis-à-vis PaperIndex with respect to all matters arising out of this Agreement. No registered user or Member shall be considered the employee, agent, partner or joint venturer of PaperIndex and PaperIndex shall not be considered the employer, agent, partner, or joint venturer of any registered user or Member.
Any user identification username and password, and any authorization codes or similar verification identifiers provided to you by us should be maintained as confidential and should not be distributed or disclosed to third parties. It is your responsibility to notify us if you need to change or discontinue your username and password and/or authorization codes, if applicable. You may only do so by: (i) sending us a notice, or (ii) contacting us online
The website and all intellectual property rights related to the website, including but not limited to copyrights, trademarks, service marks and any feedback left by users and on the website, are owned, or licensed by us, and all right, title and interest in the website and the related intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the website and the related intellectual property, including any services provided via the website, and this Agreement does not grant you permission to do so. Certain content may be licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the website, including any website content.
Each party warrants that it has the right and or full corporate power and authority to enter into this Agreement.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS”, WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY REGISTERED USER OR MEMBER (INCLUDING BUYERS, SUPPLIERS, AND OTHERS) OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY REGISTERED USER.
In the event of dispute between you (and your Company) and any and all parties to a particular transaction, you (and your Company) agree to release and indemnify PaperIndex and our affiliates, agents, directors, officers, advisors, and employees from all claims, demands, costs, expenses, actions, proceedings, and damages arising out of or in connection with such interaction or transaction.
You further agree to indemnify, defend and hold PaperIndex harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the website (ii) your decision to supply credit information via the website, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the website; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of Payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) your dispute of or failure to pay any Invoice or any other Payment; and/or (x) your obligations to a supplier. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
In connection with your indemnification obligations as provided for above, PaperIndex agrees to (i) notify you in writing promptly after learning of any such claim; (ii) turn over to you all responsibilities and control with respect to such claim; and (iii) reasonably cooperate with you in the defense thereof.
IN NO EVENT SHALL PAPAERINDEX BE LIABLE TO YOU OR ANY OTHER REGISTERED USER OR MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that you have a dispute with one or more Members, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the website, the Services, or such dispute. You waive the provisions of any country and/or state law limiting or prohibiting a general release.
Notwithstanding any other provision of this Agreement, in no event will PaperIndex's liability to you for any action or claim related to the Services provided under this Agreement, whether based on contract, tort, negligence, or any other theory of liability, exceed in the greater of: (i) $500 or (ii) the aggregate amount of membership fee actually collected by PaperIndex from you for the Services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
Our contracts with certain of our suppliers provide for scheduled maintenance, preventative maintenance, and emergency maintenance work. We will have no liability whatsoever for any unavailability of the website caused by our supplier's performance or lack of performance of the maintenance work needed to keep the website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any Web services provider or problems with the Internet infrastructure and networks external to the website. The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates, and all of our respective officers, directors, employees, attorneys, and agents.
PaperIndex has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
The PaperIndex website (excluding linked sites) is operated by us from our offices from Bangalore, Karnataka, India. It can be accessed from countries around the world. As each of these countries have laws that may differ from those of Indian laws, by accessing the website, you agree that this Agreement and your use of the website, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws in India, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the Indian courts located in Bangalore in the state of Karnataka, India and further agree that any cause of action you may bring arising under your use of the websites shall be brought by you exclusively in Bangalore, Karnataka, India. We make no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Failure of either party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such a breach or prevent said party from thereafter enforcing strict compliance with any or all of the terms thereof.
This Agreement does not create a relationship of agency, partnership, or representation between PaperIndex and you for any purpose whatsoever, it being understood between the parties hereto that PaperIndex and Member are to act as an independent entities and are not authorized to make any contract, agreement, warranty or representation on behalf of each other.
Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the website and the Services and any Other Services provided thereby or therein; (ii) your ordering or posting of, services or offers, if applicable; and (iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our website.
This Agreement shall be governed by and construed in accordance with the Indian laws without regard to its conflicts of laws provisions.
The provisions of Sections 1, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, and 18 will survive any termination or expiration of this Agreement for any reason.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the website:
Each of these policies may be changed from time to time. Changes take effect when we post them on the website. When using particular services on the website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
PaperIndex reserves the right to limit, deny or create different access to its website and its features with respect to different users, or to change any of the features or introduce new features without prior notice. Members acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effects on their business. Each Member hereby agrees that in no event shall PaperIndex be liable to the Member or any third parties for their inability to use the website due to disruption, limited access, changes to or termination of any features on the website or otherwise, any delays, errors or omissions with respect to any communications 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.
All notices required or permitted to be given under this Agreement, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to PaperIndex:
Attention Vivek Srivastava
2575/1, 2nd Floor, 17th Main, 2nd Cross
HAL 2nd Stage, Off Indiranagar 100 FT Road
Bangalore - 560008
If to Member:
To the address associated with Member’s Registered User's access or login information