Terms and Conditions

 

TERMS OF USE

KARHA WORLD BUSINESS SOLUTIONS PRIVATE LIMITED (“Karhaworld”)MAINTAINS THIS WEB SITE AS A SERVICE TO THE VISITORS AND KARHAWORLD’SSUBSCRIBERS. BY USING THIS WEBSITE, YOU INDICATE YOUR UNDERSTANDINGAND ACCEPTANCE OF THE FOLLOWING TERMS OF USE (“TERMS”). PLEASEREVIEW THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESETERMS, YOU SHOULD NOT USE THIS WEBSITE, OR REVIEW INFORMATION, OROBTAIN GOODS OR PRODUCTS FROM THIS WEBSITE.

"Company"; "Karhaworld"; "us"; "we"; "our" shall mean KarhaworldBusiness Solutions Private Limited., a company registered under Companies Act,1956 having its registered office at [K-704, Yashraj Green Castle, Near TukaiTekdi, Kalepadal, Hadpsar, Pune-411028].

"Website" shall mean the owned, operated andmanaged by us.

"Subscriber(s)", “You”, “your” shall mean entities which buy or sell productsand services and subscribe to this Website for the purpose of listing theirProducts/Services or for buying or selling Products/ Services (as defined below)through the promotion and marketing platform of the Website and includes aUser who has subscribed to the Services of the Website.

“Promotion or Promo(s)” shall mean and include the details of theSubscriber’s Products or Services which are uploaded on the Website as eitherwant to sell (“WTS Promo”) or want to buy (“WTB”) and/or promos for otherservices (“Other Promos”).

“User” shall mean individuals that access the Website whether a Subscriber ornot, either in their own capacity or if accessing or using the Website on behalf ofa legal entity, as an authorised representative.

“Services” shall mean and include the subscription services available for theuse of Subscribers on the Website.

"SubscriberAccount" shall mean the account that the Subscriber shall berequired to create with the Website by providing the information sought by us, inorder to use the trial and/or paid version of the services of the Website forstipulated time period depending on the subscription plan selected.

“SubscriberProduct(s)” shall mean and include any hardware (networkinghardware-switches, routers, IP telephony, modules etc.), personal computers,tablets, mobile phones, printers and scanners, toners, memory modules, tapemedia, peripherals, servers, storages, general electronic parts as the case maybe uploaded by the Subscribers on the Website for the purpose of buying orselling.

“Subscriber Service(s)” shall mean and include the software and trainingservices provided by the Subscriber and uploaded as a Promo on the Website.

  1. Introduction:
  2. Welcome to the Website. This Website is owned by Karhaworld and is a B2Bmarketing/promotional platform for connecting sellers with buyers enablingthem to conduct their purchase or sale transaction. The Website offers aSubscriber easy accessibility to the information of all other Subscriberslisted on the Website each time a Promo is uploaded by Subscriber. If youwish to use the Website, even if you only browse the Website, you mustagree to these Terms. If you do not agree to the Terms, any use of theWebsite by you is unauthorized and you should stop accessing the Websiteimmediately. Your continued use of the Website will constitute assent tothese Terms. We may update the Terms periodically with or without noticeto you. If you are a Subscriber using this Website on a B2B basis, you shallensure that your authorised representatives use or access this Websitesubject to the acceptance and continuous compliance of the Terms.

  3. Services available on the Website:
  4. 2.1.  During the Subscription Term (as defined below) and subject to theTerms, Karhaworld hereby grants to Subscribers a non-exclusive, non-assignable, non-transferable, limited license to use, access thisWebsite and to upload Promos on this Website.

    2.2.  Promos: Only a registered Subscriber can upload a Promo on theWebsite. When a Subscriber posts a Promo whether WTS or WTB orOther Promo, the Promo shall be live on the Website until theSubscriber removes the Promo. The Promotion will be visible to anyUser of the Website. A WTS and Other Promo shall be visible withcontact details of Subscriber to any User. However, a WTB Promo isvisible to a User without the contact details of the Subscriber who hasposted the WTB Promo. For viewing full contents and contact details ofthe Subscriber uploading the Promo, the User will have to subscribe tothe Services of the Website. However, a User is free to directlyapproach Subscriber in response to WTS or Other Promo without usingthe Website.

    2.3.  We shall be verifying the authenticity of the Subscribers based on theinformation provided by the Subscriber. However, Karhaworld will notbe responsible for the genuineness or accuracy of details of Promosuploaded by Subscribers nor Karhaworld shall be sharing any details ofthe Subscribers to the other Subscribers for verification. Buyers andsellers need to verify and cross-check the authenticity and genuinenessof each other and also the products or services being offered in aPromo, before going forward. Buyer and seller to front-end whiledealing with each other. Karhaworld will just act as a facilitator for thetransaction by allowing the two parties to meet.

    2.4.  The Subscriber understands and agrees that Karhaworld shall besharing Promos uploaded by Subscriber with third parties listed onKarhaworld’s database and other Subscribers, at a frequencypredetermined by Karhaworld, at its discretion.

    2.5.  Subscriber shall make every effort to display the colours of Productsthat appear on the Website as accurately as possible. However, theWebsite shall not be held responsible or liable if the actual colours arenot properly displayed on the User’s monitor and it shall depend onUser’s monitor.

    2.6.  These Terms shall govern use of the free trial version and/ or paidversion of our Website.

  5. Purchase and Delivery of Subscriber Products or Services
  6. The Website is a facilitator of the ultimate sale or purchase transactionsbetween the Subscribers which shall be independent of the Website.Karhaworld shall not be a party to any such transaction. Karhaworlddisclaims any liability with respect to the accuracy, merchantability orpricing of the Subscriber Products or Services. Karhaworld and shall not beresponsible for delivery or return relating to any such transaction for sale orpurchase.

  7. Your Registration Obligations:
  8. As a condition to using Services, you may be required to register with usand select a password and enter your email address. You agree to ensurethat you shall provide Karhaworld with accurate, complete, and updatedregistration information (“Subscriber Account”). You shall be responsibleto maintain and promptly update your registration data like email, phonenumber, which you submit to us while signing up for the SubscriberAccount. Failure to do so shall constitute a breach of these Terms, whichmay result in immediate termination of Subscriber's Account. Karhaworldreserves the right to refuse registration of or cancel a Subscriber Account ofany User in its discretion. Subscriber shall be responsible for maintainingthe confidentiality of Subscriber's Account and password. We will not beliable for any loss or damage as a result of your failure to provide us withaccurate information or to keep your Subscriber Account secure. TheSubscriber Account gives you an access to the Services and functionalitiesthat we may establish and maintain from time to time and in our solediscretion.

    Till you have created a Subscriber Account with us, you will be able to viewthe WTS Promo but will not be able to view and access the details of theSubscriber to conduct further buying or selling transactions on the Website.

  9. Conditions for Subscription:
  10. Website, in its sole and exclusive discretion, accepts only Subscribers whoare actively engaged in the computer parts industry as resellers, dealers,brokers, service centers, manufacturers, integrators, or variations of thepreceding under certain conditions (software development companies,training institutes). In the sole and absolute discretion of Website, free trialsand Subscriptions will not be granted to competitors of Website, including,but not limited to, IT parts listing services, sourcing service websites, ITbrokering websites, or any company or individual that is a parent,subsidiary, division, or affiliate of any company or organization thatcompetes with Website.Website may, in its sole and absolute discretion,deny Subscribership or Service to any person or entity for any reason or noreason. Subscribers shall not promote products of Karhaworld competitorsor entities which are in same/or similar services to Karhaworld.

  11. Subscription Term:
  12. 6.1  For free Trial Version: The license to use, access and evaluate theServices is granted to you through our Website, and shall be effectivefrom the date of your subscription to the free version of the Servicesuntil your subscription is terminated in accordance with the Terms.Karhaworld reserves the right to change the period of the free trialversion on its own discretion.

    6.2  For Paid Version: The Website lists various paid versions forsubscription for accessing and using the Services. The license to use,and access the Services is granted to you for a subscription modelwhich is based on the and the number of User access i.e. admin andadditional users granted under each subscription plan as selected byyou from our Website (“Subscription Plan(s)”). The type ofSubscription Plan selected shall prescribe the validity of thesubscription period ("Subscription Term"). The Subscription Termshall be effective from the actual date of your payment of Subscription Fees.

  13. Subscription Fees (applicable to paid version):
  14. 7.1  In consideration of the Services provided under this Agreement byKarhaworld, Subscribers agree to pay us the Subscription fees("Subscription Fees") in advance for the Subscription Term, opted forand agreed to, on our Website through the Paypal gateway availableon the Website or Payments through Wire Transfer

          7.1.1  We may at our discretion choose to terminate yoursubscription in the event you are in breach of any of these Terms,in which case, we shall notify you about the same in writing.

          7.1.2   case you unsubscribe the Services, Karhaworld will NOTrefund the Subscription Fees paid by you as the subscriptionfeatures shall remain active till the end of the Subscription Term.

  15. Content available:
  16. Any designs, logos, marks or content appearing on the Website belongs tothe Company (“Company Content”) is for reference and understanding forthe Subscribers. The Promos uploaded by the Subscriber contain the detailsof the Subscriber Products and Services, such details including but notlimited to the specifications, pictures, technical details, warranties relatingto the same shall be the content provided by the Subscriber (“SubscriberContent”) . Subscriber shall ensure that they have appropriate permissionsto use the brand name, logos or photos with the Promos. Do not use themanufacturer’s text, images or logo unless you are authorized to do so. TheSubscriber Content should not suggest You are an authorized dealer or re-seller if You are not. Any brands, logos, trademarks used in the SubscriberContent shall be at the risk and consequence of Subscriber. Company doesnot make any warranty or representations for the correctness, or accuracyof the Subscriber Content. Company shall not be held liable under anycircumstances including, but not limiting to: any infringement, errors,damages, fraud, misrepresentations, direct or indirect losses, futurebusiness loss, products liability, claims or omission of information or detailsposted, or any link accessible or Subscriber Content made available throughthis Website. You understand that by using this Website, you may beexposed to content that may be incomplete, old, objectionable due towhatsoever nature. You agree that you are solely responsible for use ofProducts made available through the Website.

  17. Privacy Policy:
  18. Your information on Karhaworld is subject to our Privacy Policy. The PrivacyPolicy is available at: [•]

  19. Copyright and Limited Right to Use:
  20. You may only access and use the information for your buying or selling yourProduct and/or Services purpose. You agree not to:

    10.1  reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer,sub-license, publish or exploit for any commercial purposes, anyportion of the Website, use of the Website, or access to the Website;

    10.2  upload, post, email, transmit or otherwise make available any datathat is unlawful, harmful, threatening, abusive, harassing, tortious,defamatory, vulgar, obscene, libellous, invasive of another's privacy,hateful, or racially, ethnically or otherwise objectionable;

    10.3  impersonate any person or entity;

    10.4  upload, post, email, transmit or otherwise make available any datathat you do not have a right to make available under any law orunder contractual or fiduciary relationships (such as insiderinformation, proprietary and confidential information learned ordisclosed as part of employment relationships or under non-disclosureagreements);

    10.5  upload, post, email, transmit or otherwise make available any datathat infringes any patent, trademark, trade secret, copyright or otherproprietary rights of any party;

    10.6  upload, post, email, transmit or otherwise make available anyunsolicited or unauthorized advertising, promotional materials, "junkmail," "spam," "chain letters," "pyramid schemes," or any other formof solicitation;

    10.7  upload, post, email, transmit or otherwise make available anymaterial that contains software virus, or any other computer code,files or programs designed to interrupt, destroy or limit thefunctionality of any computer software or hardware ortelecommunications equipment;

    10.8  interfere with or disrupt the Website or servers or networksconnected to the Website, or disobey any requirements, procedures,policies or regulations of networks connected to the Website;

    10.9  intentionally or unintentionally violate any applicable local, state,national or international laws and any regulations having the force oflaw.

  21. Maintenance and Support:
  22. We provide the necessary support to the Subscribers through a web-basedsupport system. We will take commercially reasonable efforts to provide youwith the support to resolve all your queries within [5] working day.

  23. Termination:
  24. A Subscriber may terminate the subscription to the paid Services, at anytime, by selecting the “Cancel Account” link on our Website. You agreethat Karhaworld, in its sole discretion and subject to compliance of theapplicable laws, may terminate your Subscriber Account, subscriptionand/or use of the Website, and remove and discard any data within theWebsite if Karhaworld believes that you have violated or acted inconsistently with the letter or spirit of the Terms and you fail to correct thereported breach by Karhaworld within 7 days from the date of receipt ofsuch notice. Karhaworld may also in its sole discretion and at any timediscontinue providing the Website, or any part thereof, with notice to you.Further, you agree that Karhaworld shall not be liable to you or any third-party for any termination of your access to the Website, any modification,suspension or discontinuance of the Services by Karhaworld.

  25. Proprietary Rights of Karhaworld:
  26. 13.1  You understand, acknowledge and agree that Karhaworld is the soleowner of all rights, title and interest, including all intellectual propertyrights in the Website and used in connection with the Website. Nothingherein contained shall be construed as grant of any intellectualproperty right, which includes copyrights, Trademark of this Website.

    13.2  The name "Busiwings" and its logo are registered trademarks ofKarhaworld and may not be used in connection with the Product and/orServices of any other person in any manner that is likely to causeconfusion.

    13.3  You understand and acknowledge that Karhaworld uses third-partylicenses and/ or open source tools in the Website, or in themaintenance thereof; that Karhaworld is an authorised licensee of suchthird-party licenses and/or tools pursuant to the respective licenseterms; and that Karhaworld is compliant with the respective licenseterms of each of such licenses.

    13.4  You agree that by using this Website, you give us a permission anda limited license to use your name, or your company name and logo inself-promotional materials, webpage, proposal and similar matters andindicating you as our Subscriber. In case you would like us not to useyour name, trademarks, service marks, and/or logo on the Website, youcan write to Karhaworld’s grievance redressal email-address at[support@busiwings.com].

  27. Disclaimer of Warranties:
  28. You expressly understand and agree that:

    14.1  Karhaworld does not warrant that the Site will be available at anygiven time, secure, accurate or free of error.

    14.2nbsp; Your use of the Website is at your sole risk and you assume the riskthat the Website may provide incorrect information to you or yourworkers, as well as the risk that any material downloaded by you fromthe Website may cause loss of data or damage to your computersystem. Karhaworld makes no warranty of any kind with respect touser-generated content. The Website is provided on an "as is" and "asavailable" basis. Karhaworld expressly disclaims all warranties of anykind, whether express or implied, including, but not limited to theimplied warranties of merchantability (including merchantability theproduct and/or services uploaded by the Subscribers), fitness for aparticular purpose, accuracy or non-infringement.

    14.3  any material downloaded or otherwise obtained through the use ofthe Website is done at your own discretion and risk and that you willbe solely responsible for any damage to your computer system or lossof data that results from the download of any such material.

    14.4  no advice or other information, whether oral or written, obtained byyou from Karhaworld or through or from the Website shall create anywarranty not expressly stated in the Terms.

  29. Indemnification; Limitation of Liability:
  30. 15.1  You agree to indemnify, defend and hold harmless Karhaworld andits officers, directors, and employees (each, an “Indemnified Party”)from and against all claims, fines, suits, proceedings, causes of action,demands, or liabilities of any kind or of any nature arising out of or inconnection with

    1. your violation of the Terms or for any unauthorised use of theWebsite or for any fraudulent credit card claims made by you.
    2. Subscriber Products or Services offered through this Websiteincluding the information on the Subscriber Products;
    3. Infringement of any third- party intellectual property rights;
    4. Any breach of the terms and conditions of the Terms;
    5. Any breach of applicable laws;
    6. Any representations and warranties made in relation to the Website and;
    7. Transactions (present and subsequent) between you andother Subscribers or any third- party.

    15.2  You expressly understand and agree that Karhaworld shall not beliable under or for contract, negligence, strict liability or other theory(even if Karhaworld has been advised of the possibility of suchdamages) for (a) any indirect, incidental, special, consequential orexemplary damages, including but not limited to, damages for loss ofprofits, goodwill, use, data or other intangible losses, (b) for direct orindirect loss, claims, liabilities, costs arising out of or related to orresulting from the use or the inability to use the Website, due todowntime, server failure or otherwise; and/or unauthorized access toor alteration of your content or data through your Subscriber Account;statements or conduct of any third party on the Website; or any othermatter relating to the Website.

    Notwithstanding anything contained herein or elsewhere, themaximum liability of Karhaworld under these terms in case of thepaid version shall not exceed the Subscription Fees you have paid usin the preceding one month in which the claim arose, and suchlimitation of liability shall also apply with respect to damages incurredby reason of other Services rendered through or advertised inconnection with the Website or the Services or any links on theWebsite, as well as by reason of any products, description of productsreceived through or advertised in connection with the Website or theinformation or any links on the Website.

  31. Choice of Law and Jurisdiction:
  32. 16.1  This Agreement shall be construed and governed by the laws of Indiawithout regard to principles of conflict of laws.

    16.2  Any dispute arising, between you and Karhaworld, shall be submittedto the arbitration to be conducted in Pune in English language, inaccordance with the applicable rules of Arbitration and ConciliationAct, 1996 by a sole arbitrator, who shall be appointed by Karhaworld and you mutually; and the award made in pursuance thereof shall bebinding on the parties. The dispute resolution and arbitration processmentioned in this Section will not prohibit parties from approachingthe courts of competent jurisdiction for appropriate interim reliefs.Parties further agree that the courts in Pune shall have an exclusivejurisdiction over such disputes.

  33. Miscellaneous:
  34. 17.1  Entire Understanding: These Terms, along with the Privacy Policyconstitute the entire agreement between you and Karhaworld andgoverns your use of the Website.

    17.2  Waiver: The failure of Karhaworld to exercise or enforce any right orprovision of the Terms shall not constitute a waiver of such right orprovision. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to useof the Website, or the Terms must be filed within one (1) year aftersuch claim or cause of action arose or be forever barred.

    17.3  Severability: If any provision of the Terms is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agreethat the court should endeavour to give effect to the parties'intentions as reflected in the provision, and the other provisions ofthe Terms shall remain in full force and effect.

    17.4  General:You agree to use the Services at your own risk. If You haveany questions, complaints or claims with respect to the Website, youshould contact to [support@busiwings.com].